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Better Explanation of the 1-2 punch..Please


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Ok, I'm a newbie and have been reading around....I have about 5 collections on my Credit Report from 03 and 04, but are listed as open, factoring company accounts. Should I send a DV letter to the CA or just dispute with CRA? Also where do I find out SOL for different states? Thanks!

:)

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  • 1 month later...
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I'm a newbie so bear with me. I understand the conversation and the method. My question is this.....I have old collection on my accounts and I haven't heard from these CA's probably since they first acquired the account. Some of them I've never heard of or from at all. I don't want to wake a hungry bear - so would this work for me?

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  • 1 month later...

Ok, I've read a lot of threads here and am a little fuzzy on three things. I'm hoping someone can assist me in figuring out my next move.

 

I pulled all reports this week.

 

I had originally signed onto this site and found the PFD thread and immediately sent off (2) for debts that I truly owe and wanted to pay, but also wanted removed from my CR's. I never received a response from either but did receive my green cards. <--- I failed to send the 2nd punch letter. No excuse, I just didn't.

 

I noticed one of the two negs was removed from my CR? I was a little confused because I'd offered to pay them for removal. I'm guessing I should not poke that tiger until they contact me.

 

What can I now do about the one remaining neg? I failed to follow up. It's still showing as a collection.

 

~Part 2~ of my search for answers.....

 

I DID notice a new collection. I DO know what it is about, but it's not really mine. It has to do with a vehicle I left in my son's care when I moved out of state. He put it into storage and then walked away. He put the storage in my name, but I didn't sign anything or even know about it until it popped up as a collection.

 

While this is regarding a vehicle I did own, but not a result of my actions - how do I go about disputing this?

I would rather pay this than give up my son (it's a mom thing) but I don't know which steps to take. It's about $1200. Should I use the 1-2 for this?

 

~Part 3~ and I'm done :lol:

 

I moved to another state in 2004 and just recently my dad received several collection notices for things that are not on my CR's. I do believe they are well over 7 years old. Do I write the agencies with the 1-2? They never contacted me, but mailed these letters to my family's address.

 

Thanks and sorry for the epic post.

 

sheri

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I had originally signed onto this site and found the PFD thread and immediately sent off (2) for debts that I truly owe and wanted to pay, but also wanted removed from my CR's. I never received a response from either but did receive my green cards. <--- I failed to send the 2nd punch letter. No excuse, I just didn't.

 

I noticed one of the two negs was removed from my CR? I was a little confused because I'd offered to pay them for removal. I'm guessing I should not poke that tiger until they contact me.

 

What can I now do about the one remaining neg? I failed to follow up. It's still showing as a collection.

The 1st part of the 1-2 punch is a DV, not a PFD. So it's okay that you didn't send the 2nd punch (which would be a dispute to the CRA's.)

 

Congratulations for the removal of one neg, though. It looks like they just decided not to deal with it at all.

 

So now, just do the 1-2 punch on the remaining neg. That would be a DV [CMRRR] (Punch #1), followed by a dispute to the CRA's [CM] (Punch #2). (Go back to the beginning of this thread and read the 3rd post by radi8. It was very helpful to me. You want to always know the rationale for every move you make.)

 

~Part 2~ of my search for answers.....

 

I DID notice a new collection. I DO know what it is about, but it's not really mine. It has to do with a vehicle I left in my son's care when I moved out of state. He put it into storage and then walked away. He put the storage in my name, but I didn't sign anything or even know about it until it popped up as a collection.

 

While this is regarding a vehicle I did own, but not a result of my actions - how do I go about disputing this?

I would rather pay this than give up my son (it's a mom thing) but I don't know which steps to take. It's about $1200. Should I use the 1-2 for this?

I think that you should. Since you didn't sign anything, the CA won't be able to validate. My suggestion is to do the 1-2 punch, and then see what they come up with.

 

~Part 3~ and I'm done ;)

 

I moved to another state in 2004 and just recently my dad received several collection notices for things that are not on my CR's. I do believe they are well over 7 years old. Do I write the agencies with the 1-2? They never contacted me, but mailed these letters to my family's address.

I'm sure someone out there has a better answer for this than me.

 

Anyone?

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~Part 3~ and I'm done :cry2:

 

I moved to another state in 2004 and just recently my dad received several collection notices for things that are not on my CR's. I do believe they are well over 7 years old. Do I write the agencies with the 1-2? They never contacted me, but mailed these letters to my family's address.

I'm sure someone out there has a better answer for this than me.

 

Anyone?

 

Maho is spot on in the first two answers.

 

As for this... there is no "part 2" to the punch since they are not on your CR.

 

DV the letters within 30 days of you/your parents receiving them and protect your rights

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Thank you both for your responses. I was so lost when I first found this board. As you all will attest there is a huge wealth of information here ...and it takes a lot of time to absorb. I read literally all weekend instead of doing my homework for 3 classes B)

 

1) --- I opted out yesterday...another valuable thing I learned here. I wrote all my letters yesterday to send to the CRA's. They are all dated for July 1st, copies of utility bills, ID copy and ready to take to the PO. The CRA's had my name spelled 4-5 different ways and one even had a co-applicant?? Addresses all the way back to childhood too. I'm hoping to get that straightened up fast.

 

2) --- Unfortunate update - this is regarding a car that I gave my son...yup, it's still registered to me. So this will be nearly impossible to get removed. He let it get towed and the nasty gram came from Rickenbacker. I read about them from another link here on ripoffreports.com and see that this is going to be a huge battle. I would even PFD with this guys but what I've been reading..this may not get it removed.

 

3) --- I will get the DV letter written right away and hit the PO tomorrow.

 

Thanks all for the answers.

 

I was bragging about finding this board to a co-worker today that is going through some very tough times..... and.....

 

Now for some GREAT news! I have to thank this board. My co-worker was considering going with one of those debt settlement companies. He was all set to start the process next week. He went to the bank today to close his old bank account and open an new one.

 

Thanks for the link I found here:

 

http://www.creditboards.com/mambo/index.ph...10&Itemid=2

 

I read this and immediately emailed it to my co-worker ..he was so shocked.

 

He went to visit an attorney today right after work to get help now. Yikes, He was all set to sign up and their take was going to be over $7K!

 

Thank you Creditboards.com....I think you saved my friend!

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  • 1 month later...

I have the same question as Planeboy and I didn't fully understand the response above.

 

My CA accts are old but not past SOL.

1) Since they are well beyond the initial 30 day period - how does doing the 1-2 punch change? I see that it's still recommended but how do the results differ?

 

2) I thought that one of the main purposes of the strategy was to effectively muzzle the CA from responding to the inquiry from the CRA thus nullifying the TL and you get the removal. If they can continue to report to the CRA thereafter, what are you gaining by contacting them? Just the hope that they won't respond and be in violation of the DV request?

 

3) When is it adviseable to simply validate with CRA as opposed to 1-2 punch?

 

4) Is there a variation of this approach when dealing with civil judgments? If not, can anyone direct me to a faq, sticky or other resource here with information on that?

 

Thanks so much in advance.

 

 

Bumping for some answers to these good questions.

 

 

 

 

In response to your first two questions. I dont think you being past the 30 days of 1st contact is important (that important) to the CA. If the CA were upstanding law abiding companies they would answer your initial request for information (whether that request came 30 days or 30 weeks after they informed you about the debt). Then tell the CRA that the debt is legit. And believe it or not they get it right a lot of the time. Many will argue that the information they send you proving the debt is your isnt really proof at all. But thats another thread.

For whatever reason though, CAs dont and/or cant get these response out to YOU in time. But they feel they have to get it out to the CRAs in time or it falls off of your report and then they loose the only real thing motivating you to pay your alleged debts.

So they break the law and verify with the CRA. Now here is the part you should know. Its up to YOU to call foul. The CRAs dont have a department checking to see if the CA contacted you first. They dont care. Its not their problem. Its between you and your CA. If you find out that the CA verified without contacting you first or didnt changing the status to "in dispute" then you have ammo against them to do only ONE THING... take them to court. You have caught them red handed. The law is clear about this and the monetary penalty is quite high. Considering that your account maybe only a few hundred dollars.

A letter citing the CAs infractions and your intent to sue if they dont remove the tradeline off your credit report is usually all that is needed. If they cant produce a Certified Mail-Return Receipt with ur signature proving they sent u the info b4 they verified with the CRA then u won ur case.

 

Thanks for all the great info. this one really sums it up 4 me.

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The FDCPA (Fair Debt Collection Practices Act) states that if a consumer (you) demands validation of a debt within 30 days of the first communication from the collector,

the collector must STOP all collection activity until such validation is sent.

 

That means until the collector sends you validation, they cannot call you, write you or report to the CRA's.

 

SO.... after the CA has received your validation letter, confirmed by CMRRR ( certified mail, return recipt requested)

You send a dispute regarding that tradeline to the CRA's.

 

The CRA's are under a 30-day deadline to verify the account.

But remember that the Collector cannot respond to the CRA's request for verification until AFTER they validate to you.

 

tick tick tick ......

 

Often that 30-days passes without validation being sent.

-- meaning the Collector could not legally respond to the CRA- forcing the CRA to delete the account for "no response".

 

The "catch" is, the validation demand must be sent to the collector within 30 days of the first time they contact you.

 

However, there are more than a few that have had success even after that 30-day window has passed.

 

Doesn't work with OC's, as they are not bound by the FDCPA, or it's requirement to cease collections.

 

 

Part II of this- is the requirement to mark the account as "disputed" if it already exists on your report.

 

If the CA has already reported the collection, and you demand validation, the CA is required to inform the CRA of the dispute.

Usually, the CA doesnt' bother, giving you another violation for later use.

 

 

So-

Within 30 days of the initial contact, you send the collector a validation demand.

When they receive it, you send the CRA a dispute for that account.

 

Either the CA follows the law, and does not reply to the CRA- forcing deletion,

 

or

 

the CA verifies to the CRA, giving you violation #1.

They don't mark the account as "disputed"- violation #2.

 

If the CA does provide you with proper validation, they can then respond to the CRA's verification request without violation.

But remember, they have that 30-day clock ticking.

 

 

And think first!

Poking the lion with a stick sometimes irritates the lion.....

If you are not past the SOL for lawsuits, and you are not able to quickly settle the account if necessary- or prove that it is not yours-

you may find validation attached to a sumons. Not fun.

 

 

 

Radi8

 

Great info thanks

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  • 3 weeks later...
  • 2 weeks later...

I've just done the 1-2 punch, but have two follow-up Q's. Somewhere (and I thought it was on this thread) I saw that you should try to catch CRA's in a re-insertion before their 30 day time limit is up. So I've sent verification letters to CRA, and just got the green cards back from them this week. How long do I give them before pulling a new credit report? It's going to be a manual report for them, because I did the letter on security paper.

 

I did buy the first credit reports, from Myfico, so as not to give them the extra 15 days. Is it okay to use the annualcreditreport.com reports as follow-up?

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I've just done the 1-2 punch, but have two follow-up Q's. Somewhere (and I thought it was on this thread) I saw that you should try to catch CRA's in a re-insertion before their 30 day time limit is up. So I've sent verification letters to CRA, and just got the green cards back from them this week. How long do I give them before pulling a new credit report? It's going to be a manual report for them, because I did the letter on security paper.

 

I did buy the first credit reports, from Myfico, so as not to give them the extra 15 days. Is it okay to use the annualcreditreport.com reports as follow-up?

 

Cra's get dispute letters, not verfication

 

You need to do a search on "re-insertion" or try it as "reinsertion".

 

Wait for your results in the mail.

 

And my fico.com will not cut back on thier time limit.

 

jack

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You're right, Jack. They are dispute letters. Total brain flarp, on my part.

 

I thought I read somewhere on CB that you can catch them before their official mailing/notification, and get them on a re-insertion during their 30 days. But no? ??? Guess I better go do some more research....

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You're right, Jack. They are dispute letters. Total brain flarp, on my part.

 

I thought I read somewhere on CB that you can catch them before their official mailing/notification, and get them on a re-insertion during their 30 days. But no? ??? Guess I better go do some more research....

 

 

Correct me if I'm wrong but... are you trying to ask this question? How can I catch a CA in violation?

 

Assuming you sent a DV CMRRR to the CA (step 1) and then immediately (upon USPS confirmation of your CM delivery to CA) you sent dispute letters CMRRR to the CRAs (step 2)......how do I catch a CA verifying with the CRA (during the CRAs 30 day verification investigation) before validating with me? In other words how do i catch the CA violating???

 

Well, you could pull a hard copy of your current credit reports. Then wait for the CRAs 30 days to verify or delete. They should send you an updated report when they send you their results. From that point, if you haven't received validation from the CA [itl] but notice that the account came back from CRA verified and or updated....that updated report, plus the copies of your CMRRR DV to CA and CMRRR dispute to CRAs would be evidence of the CAs violations.

 

Hope I didn't add to confusion with my attempt to explain.

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