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1-2 punch flow chart

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and the CRA simply places a call to the pertinent court, and obtains their independent verification. Upon review of the information provided by the consumer and their own reinvestigation, they are authorized to verify or determine that the information cannot be verified.

 

Where do you come up with this stuff? Courts do NOT verify info nor do they report info.

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If one desires to challenge whether the CRA has complied with the requirements of the statute, a consumer can, either when submitting a dispute, or after receiving notice of its resolution, request under FCRA 611(a)(6)(B)(iii) and 611(a)(7), tht the CRA provide a description of the procedure used to determine the accuracy of the information, including the business name and address of any furnisher contacted during their reinvestigation.

You would suspect that failure to provide the actual furnisher of the disputed information a copy of the dispute within 5 days of their recepit of the dispute would be a clear violation of section 611(a)(2)(A), and failure to send all information to that furnisher, such as is routinely done when they use their santizing e-Oscar referalls, would be a violation of section 611(a)(2)(B). Did they receive response back from the furnisher?

 

Apparently, this "method of verification" provision was envisioned by congress to curb improper or incomplete verification procedures on the part of a CRA. Does it work? Sicne the administrative dispute process under the FCRA is not a judicial proceeding, the consumer certainly has no discovery rights to compel disclosure, and the CRAs are not going to tell you that they did not comply, so it has very limitited ability to root out the truth, but it is a start. I doubt that many consumers ever require MOV disclosure from a CRA, even in situations where it is asserted.

 

 

facepalm.jpg

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But the individual consumer has the right to sue for statutory damages. Obviously, they intended for consumers to be the enforcement arm. We take our obligations in this regard seriously. :)

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Judgements are public records. CRAs call courts all the time to obtain records. No, the courts dont actually issue a formal "verification," they simply provide information from their public records. Reporting by a court to a CRA is not the issue, it is their obligation to provide public records when requested.

The CRA relies on public records as an element of their reinvestigation rights. They routinely issue dispute resolutions based on such "verification." The CRAs even hire private firms to research public records.

Edited by Lian

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Judgements are public records. CRAs call courts all the time to obtain records. No, the courts dont actually issue a formal "verification," they simply provide information from their public records. Reporting by a court to a CRA is not the issue, it is their obligation to provide public records when requested.

The CRA relies on public records as an element of their reinvestigation rights. They routinely issue dispute resolutions based on such "verification." The CRAs even hire private firms to research public records.

 

 

The CRA's hire public firms to obtain the info. That is correct. But the courts do not respond to requests for verification from anyone. If the courts provided info directly to the CRA's, that would make them the furnisher of info and subject direct disputes from consumers.

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Judgements are public records. CRAs call courts all the time to obtain records.

 

Huh? Do you know Lexis/Nexis? If public records are verified by any organization, it is usually Lexis/Nexis. The CRA's do no verification of public records by calling the courts on the telephone! Whatsover, except to employ Lexis/Nexis to do the verification.

 

Who told you CRA's call courts? You need to smack that person and tell 'em to stick a cork in it! :search:

Edited by Settle

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Quick question,

 

Would the 1-2 punch work for a collect that was already paid?

 

It might, but there is a letter in the sample letters forum called the Guerilla Tactic which is designed to be used for paid collections. The author is DixieDrifter. Here is a link:

 

Dixiedrifter paid collections letter

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I’m trying to clean up my credit report and I had a few questions on what I should do and what I should do next. I have a few questions but it will be easier to do them 1 by 1…Thanks in advance

 

Midland credit funding (MCM)They are reporting 2 accounts on my report one for T-Mobile $461 opened 12/11 no payments listed and Bank of America $3,044 opened 10/08. I requested to have it validated 5/31/12 they replied back showing one is for $460.76 and 3,043.94 The purpose of this letter is to advise you of the results of our investigation of our dispute pursuant to the Texas finance code and or FCRA. Please be advised that we have determined that out file is correct and the credit reporting is accurate and therefore we deny the inaccuracy of the disputed items. We will be closing out investigation of your dispute and resuming regular collection activities. In response to your dispute we have requested that the 3 credit bureaus change the status of the accts to “Disputed”. Your credit report will not be updated if the federal reporting period has expired. What do I do next since they have not proved the debt is mine and what does that last part mean?

 

 

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I’m trying to clean up my credit report and I had a few questions on what I should do and what I should do next. I have a few questions but it will be easier to do them 1 by 1…Thanks in advance

 

Midland credit funding (MCM)They are reporting 2 accounts on my report one for T-Mobile $461 opened 12/11 no payments listed and Bank of America $3,044 opened 10/08. I requested to have it validated 5/31/12 they replied back showing one is for $460.76 and 3,043.94 The purpose of this letter is to advise you of the results of our investigation of our dispute pursuant to the Texas finance code and or FCRA. Please be advised that we have determined that out file is correct and the credit reporting is accurate and therefore we deny the inaccuracy of the disputed items. We will be closing out investigation of your dispute and resuming regular collection activities. In response to your dispute we have requested that the 3 credit bureaus change the status of the accts to “Disputed”. Your credit report will not be updated if the federal reporting period has expired. What do I do next since they have not proved the debt is mine and what does that last part mean?

 

 

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I need some help here. I just tried the 1-2 punch. I have a collection on my account from AFNI in Bloomington,IL. I sent them a letter disputing and asking for validation. I have the Certified return reciept at home and I just got that about 5 days ago. 2 days after I got the reciet I disputed online with the CRA's. Experian already came back verified. I called Experian and talked to some agent. She said they don't have to remove it and I told them the are violating laws by reports incorrectly. I still haven't received anything from AFNI. I also know for sure 100% percent the day the are saying the account opened in incorrect. What should I do next?

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An asterick should be put in the first post that you should be careful doing this if you're not past the statue of limitations on being sued. Otherwise if they choose to validate and get all the info together to verify the debt, they then have began the process to get everything they need together to also sue you for the debt. You also show up on their radar and they begin evaluating how likely you are to pay something to them. They analyze if you have any recent mortgage inquiries, how long it's got left on your report to go, the amount they could make off you, etc. So check your SOL first before sending a DV.

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An asterick should be put in the first post that you should be careful doing this if you're not past the statue of limitations on being sued. Otherwise if they choose to validate and get all the info together to verify the debt, they then have began the process to get everything they need together to also sue you for the debt. You also show up on their radar and they begin evaluating how likely you are to pay something to them. They analyze if you have any recent mortgage inquiries, how long it's got left on your report to go, the amount they could make off you, etc. So check your SOL first before sending a DV.

I always considered the 1-2 punch, and any of the letter writing steps, to be done after the newbie-learning steps were taken, i.e. Psych Docs seminar, reading the newbie forum etc. checking SOL is literally one of the first steps suggested after learning abbreviations.

 

People who are looking for a quick fix are going to jump all the basics and try things like the 1-2 punch are going to get in trouble regardless. Adding a disclaimer to this thread would be a good suggestion to deter that, but really that suggestion would work for almost every important thread in this forum. I think that's why they have the NEWBIES START HERE section so prominently shown on the home screen. There's only so much warning you can give people.

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