Jump to content
Member? but forgot everything, can't log in... Frozen out??? ×

THIS IS A POLITICS-FREE ZONE.

My version of the 1-2punch, invoking the FCRA and FDCPA

Jen23514

By Jen23514
in Credit Forum

 Share

The last post in this topic was posted 4666 days ago. 

 

We strongly encourage you to start a new post instead of replying to this one.

Recommended Posts

Jen23514

Jen23514

Posted
  • Author
Posted
Well, there is precedence that they have to accept that sort of information. It doesn't mean they always do. I would send a procedural request as an attempt to verify their (the CRA's) findings. Then put the final nail in the coffin by sending them the Furnisher's statement...

 

Cover every reasonable angle.

 

of the dozen or more PRs i've sent, I've never received an adequate response.

 

I should sue. :wub:

 

 

Heh, well it's documenting that they don't actually do a valid investigation. I AM suing. I walk the talk here.

 

we should talk.


  • Replies 162
  • Created
  • Last Reply

Top Posters In This Topic

Popular Days

Top Posters In This Topic

Popular Days

  • 1 month later...
CuriousCredit

CuriousCredit

Posted
Posted

QUOTE

 

Dear DF,

 

You were notified of my dispute of your information on account # by CRA1. As a result of that dispute, the information was deleted from that report.

 

As a furnisher of information, at the time of that investigation, you were also required to remove the same information from ALL other CRA's that you reported to.

 

You failed to properly complete your investigation and provide the results to each of the CRA's you report to. This is a violation of FCRA, Section 623, Responsibilities of Furnishers of Information.

 

I am not requesting a new investigation, I am requesting deletion of the information from CRA2 and CRA3 as you were required and failed to do.

 

To cure these violations, please have the TL removed from CRA2 and CRA3 within 10 days of receipt of this letter.

 

Question: I had a TL deleted with TU and then verified with Eq. (did not dispute with Ex yet).

Should I still send this to OC?

  • 5 weeks later...
TinyMusic

TinyMusic

Posted
Posted (edited)

In my case this debt is pastSOL for my state. Should I leave out the "this is not a refusal to pay".... perhaps leading them to beleive I have NO intentions on paying them for this, but I am going to fight the hell out of it and waste their time.

Edited by TinyMusic
EarnIt

EarnIt

Posted
Posted
In my case this debt is pastSOL for my state. Should I leave out the "this is not a refusal to pay".... perhaps leading them to beleive I have NO intentions on paying them for this, but I am going to fight the hell out of it and waste their time.

 

Is the debt reporting? If the debt is being reproted, is it being reported correctly? If it is being reported incorrectly, have you disputed with the CRA's yet?

TinyMusic

TinyMusic

Posted
Posted
In my case this debt is pastSOL for my state. Should I leave out the "this is not a refusal to pay".... perhaps leading them to beleive I have NO intentions on paying them for this, but I am going to fight the hell out of it and waste their time.

 

Is the debt reporting? If the debt is being reproted, is it being reported correctly? If it is being reported incorrectly, have you disputed with the CRA's yet?

 

 

Yes the debt is being reported to the CRA's by Asset Acc. with late payments and an 'Open' status. So it is not reporting correctly. It is within reporting SOL, but out of state SOL.

 

Yes I have disputed with CRA's and all of the information was supposedly verified. My intentions is to attack Asset as a DF wait for their incomplete response and then file with the MI AG.

 

Im just wondering since this is out of my states SOL and they have no legal means of collecting, it would be infact ok for me to take the position of refusing to pay.

nickelz27

nickelz27

Posted
Posted (edited)

I found this DV letter. What does everyone think?

 

"Your Name

Your Address

YourTown,, State ZipCode

 

Debt Collection Company Name

Their address

Town, State ZipCode

 

Date:

 

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

 

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on DATE. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( B) that your claim is disputed and validation is requested.

This is NOT a request for “verification†or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, ( B) the amount allegedly owed is accurate, and © I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.

All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:

• Signed credit application between myself and the original creditor

• Copies of all signed vouchers from the date account was opened until default

• Copies of all statements from the date account opened until default

• Proof of the statute of limitations

• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or

• A copy of the contract Debt Collection Company Name purchased the alleged debt.

• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt

• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State

Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.

If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.

I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

 

Best Regards,

 

Your Name

"

Edited by breeze
turned off smilies
jack1212

jack1212

Posted
Posted
I found this DV letter. What does everyone think?

 

"Your Name

Your Address

YourTown,, State ZipCode

 

Debt Collection Company Name

Their address

Town, State ZipCode

 

Date:

 

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

 

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on DATE. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( :angry: that your claim is disputed and validation is requested.

This is NOT a request for “verification†or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, ( :angry: the amount allegedly owed is accurate, and © I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.

All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:

• Signed credit application between myself and the original creditor

• Copies of all signed vouchers from the date account was opened until default

• Copies of all statements from the date account opened until default

• Proof of the statute of limitations

• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or

• A copy of the contract Debt Collection Company Name purchased the alleged debt.

• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt

• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State

Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.

If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.

I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

 

Best Regards,

 

Your Name

"

 

 

Read this first...

 

http://creditboards.com/forums/index.php?s...2&hl=letter

nickelz27

nickelz27

Posted
Posted

Ok, I have read this thread about 3 times now and I think I am just overloaded with info. I know the 1-2 punch is when you write a DV letter to CA after you dispute with the CRA, when you haven't received anything from the CA. If I have received info from the CA with the 30 days to dispute, what then? Should I just send the DV to the CA via CMRRR?

EarnIt

EarnIt

Posted
Posted
Ok, I have read this thread about 3 times now and I think I am just overloaded with info. I know the 1-2 punch is when you write a DV letter to CA after you dispute with the CRA, when you haven't received anything from the CA. If I have received info from the CA with the 30 days to dispute, what then? Should I just send the DV to the CA via CMRRR?

 

Yup, I still feel that way at times. At some point, the game does start to slow down and make sense.

 

DV away, just make sure that you don't send one of the "form" letters that many send to the CA's. IMHO, they do not take them seriously. Read, read, and read. Then, send a unique DV that fits your specific situation.

TinyMusic

TinyMusic

Posted
Posted
Ok, I have read this thread about 3 times now and I think I am just overloaded with info. I know the 1-2 punch is when you write a DV letter to CA after you dispute with the CRA, when you haven't received anything from the CA. If I have received info from the CA with the 30 days to dispute, what then? Should I just send the DV to the CA via CMRRR?

 

Yup, I still feel that way at times. At some point, the game does start to slow down and make sense.

 

DV away, just make sure that you don't send one of the "form" letters that many send to the CA's. IMHO, they do not take them seriously. Read, read, and read. Then, send a unique DV that fits your specific situation.

 

 

Yeah especially after 30 days.... HA! We are no longer required, Trash Can/Shredder (if your lucky).

Jen23514

Jen23514

Posted
  • Author
Posted
If after the 30 days should I do the 1-2 punch. Or just 2 punch? What can I do after the 30 days?

 

do you mean the first 30 days, like if the CA is 2 years old?

 

after 30 days, since you're lost some of your FDCPA protection (not all), I would dispute with the CRAs first, then if that doesn't make it fall off, then 1-2 punch them.

  • 4 weeks later...
  • 1 month later...

The last post in this topic was posted 4666 days ago. 

 

We strongly encourage you to start a new post instead of replying to this one.

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
 Share
Go to topic listing



  • Member Statistics

    • Total Members
      190435
    • Most Online
      9039
    mhudson323
    Newest Member
    mhudson323
    Joined

About Us

Since 2003, creditboards.com has helped thousands of people repair their credit, force abusive collection agents to follow the law, ensure proper reporting by credit reporting agencies, and provided financial education to help avoid the pitfalls that can lead to negative tradelines.

Pages

×
×
  • Create New...

Important Information

Guidelines

  I accept