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Nevada

Q: Validation / Verification ; Clarify Please!

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Q1. Validation is done by the CRA's and that is the action that should occur upon receipt of your mailed or online dispute, correct?

 

Q2. Validation technically is supposed to have the CRA do more than just make a call to the OC/CA and have a clerk read some info back off a screen or file, correct?

 

Q3. If the CRA reports back (to the consumer) that an item is validated, then the next step is to verify the info, correct?

 

Q4. Verification is done directly with the OC/CA? Or is done via the CRA by way of follow up letter requesting details, copies of notes, signed forms, etc.?

 

Q5. Why bother with validation at all? Why not proceed directly with the verification process? I think I know the answer to this one, but I am interested to hear anyway.

 

Q6. Any functional difference between an online dispute and a CRRR letter?

 

I am also a little bit confused as to whom the onus lies for carrying out a proper verification. Must the CRA do so if clearly asked by the consumer? Or does the consumer have to deal directly with the OC/CA ?

 

Concise clarification appreciated.

 

Thanks

 

Jim

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Q1. Validation is done by the CRA's and that is the action that should occur upon receipt of your mailed or online dispute, correct?

No., that is verification per the FCRA.

 

The FCRA applies to CRA's and information furnishers.

 

Information furnishers can be both OC's and CA's

 

Validation is the FDCPA and what debt collectors/CA's must do.

 

Q2. Validation technically is supposed to have the CRA do more than just make a call to the OC/CA and have a clerk read some info back off a screen or file, correct?

Validation is a specific section of the FDCPA applicable to debt collectors, 3rd party, section 809. It requires a specifically worded notice to consumers, "disputing the validity" of an alleged debt requires validation, which is proof of the debt and the person being dunned.

 

Verification = FCRA = disputing options for information that is not accurate and complete, updated and verifiable. You can dispute directly with the CRA's reporting the information and/or directly with the furnisher of the information to the CRA's for reporting.

 

Q3. If the CRA reports back (to the consumer) that an item is validated, then the next step is to verify the info, correct?

No.

 

Q4. Verification is done directly with the OC/CA? Or is done via the CRA by way of follow up letter requesting details, copies of notes, signed forms, etc.?

No. OC's don't have to provide you anything. CA's have to provide validation or cease collection activity until it is provided.

 

Verification is done directly BY the CRA's.

 

Verification is provided by information furnishers (which can be BOTH OC's and CA's) to the CRA's but for which individual's also have a private right of action.

 

Validation is done by CA's/3rd party collectors and provided to consumers.

 

Q5. Why bother with validation at all? Why not proceed directly with the verification process? I think I know the answer to this one, but I am interested to hear anyway.

You bother with validation because it establishes what you owe and who it is owed to as well as what records the debt collector's have, if any. If they don't have the records, or can't obtain them, then validation can't be accomplished. Once it is requested, collection activity must cease until it is provided.

 

Q6. Any functional difference between an online dispute and a CRRR letter?

Mostly no., if depends on the CRA's format and your diligence in printing.

 

I am also a little bit confused as to whom the onus lies for carrying out a proper verification. Must the CRA do so if clearly asked by the consumer? Or does the consumer have to deal directly with the OC/CA ?

 

CRA's are responsible for verification and for following "reasonable procedures to ensure maximum possible accuracy" in the information they report.

 

Information furnishers have a responsibility to both the CRA's and consumers.

 

The CRA must do so if requested by the consumer AND the OC/CA must do so if requested by the consumer. The FCRA allows for both. However, the latter doesn't have to provide the verification to the consumer as an information furnisher. Only the validation process requires documentation be provided to the consumer directly.

 

Concise clarification appreciated.

Well, that's a challenge indeed.

 

Nice to meet you, Jim!

 

Sassy

 

Sorry, no way around the homework, and in the order that I think will be most useful for an overall understanding:

 

FTC, FCRA, Summary of consumer rights: http://www.ftc.gov/os/statutes/2summary.htm

 

FTC, FCRA, Summary of furnisher of Information's responsibilities: http://www.ftc.gov/os/statutes/2furnshr.htm

 

FCRA, Dispute resolution, a summary of the overall process: http://mixsix.com/credit/ Applicable to CRA's and Information Furnishers to the (which can be both OC's and CA's)

 

FDCPA, Debt validation, a summary of the overall process: http://www.creditinfocenter.com/rebuild/de...alidation.shtml

Applicable to debt collectors, 3rd party only

 

FCRA, statutes: http://www.ftc.gov/os/statutes/fcra.htm

Be sure to note the PURPOSE

 

FDCPA, statutes: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

Be sure to note the PURPOSE

 

FCRA FTC Staff Opinion letters: http://www.ftc.gov/os/statutes/fcra/

 

FDCPA FTC Staff Opinion letters: http://www.ftc.gov/os/statutes/fdcpa/letters.htm

 

FDCPA FTC Staff Commentary: http://www.ftc.gov/os/statutes/fdcpa/commentary.htm

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Ok I must be blind but I'm trying to find a post of after the Validation letter has been sent Certified Mail. I receive nothing but an Award Letter from an Arbitration Attorney granting the Award to the company trying to collect from me. What is my next step? Should I call them in reference to not receiving any copies of my signature on a contract, etc? I have so many questions..and I am so lost.

Terri

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Thank you Sassy and Nevada...I got some reading to do. I just hope that since an Arbitration Attorney is involved now that I'm not too late to push for proof of validation. Thanks.

Terri

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Im new here and I think I have the concept of validation but some points ( which may be stupid) I seem to be missing are:

 

 

If I push for validation does it bring my debts out of their 3 year status to current?

 

What if I am passed the "30 day" notification letter window?

 

Should I validate before I get the old addresses removed from my CR's? I am thinking I should do it the other way around, but Im not sure.

 

How long do the CRA's have to Validate before they have to remove it from my credit report?

 

 

 

I apologize if these have been answered before, but there is so much info here my brain is literally reeling and I want to make sure I am starting off my process correctly since I have a timeline of 8 months to clean up as much as possible.

 

Thanks for your help.

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Im new here and I think I have the concept of validation but some points ( which may be stupid) I seem to be missing are:

 

 

If I push for validation does it bring my debts out of their 3 year status to current?

No.

 

 

 

What if I am passed the "30 day" notification letter window?

You may still request it if you want.

 

Should I validate before I get the old addresses removed from my CR's? I am thinking I should do it the other way around, but Im not sure.

Get names and addys fixed first, and seperate from any tradeline disputes.

 

 

How long do the CRA's have to Validate before they have to remove it from my credit report?

The CRA's dont validate. But they have 30 days to complete the investigation.

 

 

I apologize if these have been answered before, but there is so much info here my brain is literally reeling and I want to make sure I am starting off my process correctly since I have a timeline of 8 months to clean up as much as possible.

Have you went back to the basics? The newbies section?

 

 

Thanks for your help.

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:sorry: dear moderator is there somthing i am doing wrong . have tried several times to ask for help .am new-beee. tell me please thanks. lugnut :unsure:

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