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Merchant Charge back sent to collections


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Are you sure I shouldn't sign the DV letter? Every template I have seen is very similar to yours and they say to sign it. I just don't want to make sure I send it correctly.

 

Edit: Never mind, I looked it up and saw that it doesn't bring any benefit. It just gives the CA the ability to lift it.

Signing a letter mailed to CA is way different than signing a letter mailed to CRA.

 

When dealing with CA never sign anything. PERIOD.

 

sent from encrypted device

 

 

 

+100.

 

Live proven example of how important Validation vs. Verification happened to me personally and the results came in (TODAY-few minutes ago) :)

 

Last month I mailed DV to CA for an account (that have been hurting the score of EQ - EX - TU for both me and my wife for over 9 months)

 

Before I joined the CB in October 2016 I disputed this account and it came back VERIFIED with bla bla bla from both CA and CRAs.

 

Once i joined the CB and learned the importance of Validation and the difference between Validation vs Verification, I fired off my 1st Validation letter to the CA back in December 13, 2016.

 

Few minutes ago today 1/12/2017 (right before the 30th day mark) I got notification that the entire account have been removed and deleted from EQ and TU (I called both CRA EQ and TU and spoke to the agent and they confirmed the collection account was removed by THE COLLECTION AGENCY themselves back in mid December 2016 'when I mailed them my DV)

 

My score just jumped 37 points and so do my wife. I am just waiting on Experian to update.

 

VALIDATE .. VALIDATE .. VALIDATE :)

 

 

Wow that is awesome! I have my letter drafted and will be mailing it tomorrow.

 

So this is a foreign "debt?"

 

I guess so, the Merchant is located in India with no presence in the US. They gave a fake US address in the collection notice I got - a business building in California. However, I called and found out they are not there and the Suite number they used is actually home to a completely different company.

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Are you sure I shouldn't sign the DV letter? Every template I have seen is very similar to yours and they say to sign it. I just don't want to make sure I send it correctly.

 

Edit: Never mind, I looked it up and saw that it doesn't bring any benefit. It just gives the CA the ability to lift it.

Signing a letter mailed to CA is way different than signing a letter mailed to CRA.

 

When dealing with CA never sign anything. PERIOD.

 

sent from encrypted device

 

 

 

+100.

 

Live proven example of how important Validation vs. Verification happened to me personally and the results came in (TODAY-few minutes ago) :)

 

Last month I mailed DV to CA for an account (that have been hurting the score of EQ - EX - TU for both me and my wife for over 9 months)

 

Before I joined the CB in October 2016 I disputed this account and it came back VERIFIED with bla bla bla from both CA and CRAs.

 

Once i joined the CB and learned the importance of Validation and the difference between Validation vs Verification, I fired off my 1st Validation letter to the CA back in December 13, 2016.

 

Few minutes ago today 1/12/2017 (right before the 30th day mark) I got notification that the entire account have been removed and deleted from EQ and TU (I called both CRA EQ and TU and spoke to the agent and they confirmed the collection account was removed by THE COLLECTION AGENCY themselves back in mid December 2016 'when I mailed them my DV)

 

My score just jumped 37 points and so do my wife. I am just waiting on Experian to update.

 

VALIDATE .. VALIDATE .. VALIDATE :)

 

 

Wow that is awesome! I have my letter drafted and will be mailing it tomorrow.

 

So this is a foreign "debt?"

 

I guess so, the Merchant is located in India with no presence in the US. They gave a fake US address in the collection notice I got - a business building in California. However, I called and found out they are not there and the Suite number they used is actually home to a completely different company.

 

INDIA ????

I personally believe this debt is OUT OF JURISDICTION .. anyway remember to NOT put your social security number on the DV letter you drafted.

You don't want your SSN ends in UK, Nigeria, or even India.

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Are you sure I shouldn't sign the DV letter? Every template I have seen is very similar to yours and they say to sign it. I just don't want to make sure I send it correctly.

 

Edit: Never mind, I looked it up and saw that it doesn't bring any benefit. It just gives the CA the ability to lift it.

Signing a letter mailed to CA is way different than signing a letter mailed to CRA.

 

When dealing with CA never sign anything. PERIOD.

 

sent from encrypted device

 

 

 

+100.

 

Live proven example of how important Validation vs. Verification happened to me personally and the results came in (TODAY-few minutes ago) :)

 

Last month I mailed DV to CA for an account (that have been hurting the score of EQ - EX - TU for both me and my wife for over 9 months)

 

Before I joined the CB in October 2016 I disputed this account and it came back VERIFIED with bla bla bla from both CA and CRAs.

 

Once i joined the CB and learned the importance of Validation and the difference between Validation vs Verification, I fired off my 1st Validation letter to the CA back in December 13, 2016.

 

Few minutes ago today 1/12/2017 (right before the 30th day mark) I got notification that the entire account have been removed and deleted from EQ and TU (I called both CRA EQ and TU and spoke to the agent and they confirmed the collection account was removed by THE COLLECTION AGENCY themselves back in mid December 2016 'when I mailed them my DV)

 

My score just jumped 37 points and so do my wife. I am just waiting on Experian to update.

 

VALIDATE .. VALIDATE .. VALIDATE :)

 

 

Wow that is awesome! I have my letter drafted and will be mailing it tomorrow.

 

So this is a foreign "debt?"

 

I guess so, the Merchant is located in India with no presence in the US. They gave a fake US address in the collection notice I got - a business building in California. However, I called and found out they are not there and the Suite number they used is actually home to a completely different company.

 

INDIA ????

I personally believe this debt is OUT OF JURISDICTION .. anyway remember to NOT put your social security number on the DV letter you drafted.

You don't want your SSN ends in UK, Nigeria, or even India.

 

 

Yup, got it!

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Doesn't the store's merchant agreement with the credit card networks limit the merchant's avenues of recourse when a chargeback is found in the consumer's favor? I would explore this line of thinking if I was OP.

Remember one thing. A chargeback does NOT relieve the purchaser of the responsibility to pay for the items!!!

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Doesn't the store's merchant agreement with the credit card networks limit the merchant's avenues of recourse when a chargeback is found in the consumer's favor? I would explore this line of thinking if I was OP.

How would I find that out? The CC used was Visa.

 

What happened when you called the bank that issued the card and told them that after finding in your favor on a charge-back this merchant sent you to a collection agency?

 

They basically said they are not responsible for the actions of a Merchant. However I will give them a call back and see if I can get to someone willing to help. The person I talked to was not helpful at all.

 

 

 

STAY OFF THE PHONE WITH THE CA

 

you in Ohio ?

 

 

you still have that dress that was damaged ?

 

take a photo of it send it to the CA . address the letter to the attention of the Compliance officer

 

( this is the CA? )

 

Ms. China Morgan, Compliance Officer

Choice Recovery, Inc.
1550 Old Henderson Rd Ste 100
Columbus, OH 43220-3626

 

RE- account # ____________________

 

Dear Ms. Morgan

 

I have received a collection letter from your firm regarding this account - and made a few calls to your representatives & failed to resolve this matter

 

This account is in regards to a credit card charge back, because the clothing purchased online was shipped was not what was advertised, and I refused to pay for such.

 

It was _________________, _______________ and ___________________. please see attached photo.

 

Your firm is performing collections for an account that is in violation of Ohio Law, ( if you're not in Ohio, find your state consumer law or UDAP's and use it below )

 

Ohio Revised Code Chapter 1345: CONSUMER SALES PRACTICES -

1345.02 Unfair or deceptive consumer sales acts or practices prohibited.

(2) That the subject of a consumer transaction is of a particular standard, quality, grade, style, prescription, or model, if it is not;

1345.03 Unconscionable consumer sales acts or practices.

B (7) Whether the supplier has, without justification, refused to make a refund in cash or by check for a returned item that was purchased with cash or by check, unless the supplier had conspicuously posted in the establishment at the time of the sale a sign stating the supplier's refund policy
I offered to ship the dress back and they refused to accept it .
Should your Office continue to make false representations to the credit reporting agencies that I am obligated on this account, I will file complaints with the Ohio State AG, the CFPB and turn this over to an attorney for review and legal action in Federal court.
Sincerely
your printed name , address.
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Doesn't the store's merchant agreement with the credit card networks limit the merchant's avenues of recourse when a chargeback is found in the consumer's favor? I would explore this line of thinking if I was OP.

How would I find that out? The CC used was Visa.

 

What happened when you called the bank that issued the card and told them that after finding in your favor on a charge-back this merchant sent you to a collection agency?

 

They basically said they are not responsible for the actions of a Merchant. However I will give them a call back and see if I can get to someone willing to help. The person I talked to was not helpful at all.

 

 

 

STAY OFF THE PHONE WITH THE CA

 

you in Ohio ?

 

 

you still have that dress that was damaged ?

 

take a photo of it send it to the CA . address the letter to the attention of the Compliance officer

 

( this is the CA? )

 

Ms. China Morgan, Compliance Officer

Choice Recovery, Inc.
1550 Old Henderson Rd Ste 100
Columbus, OH 43220-3626

 

RE- account # ____________________

 

Dear Ms. Morgan

 

I have received a collection letter from your firm regarding this account - and made a few calls to your representatives & failed to resolve this matter

 

This account is in regards to a credit card charge back, because the clothing purchased online was shipped was not what was advertised, and I refused to pay for such.

 

It was _________________, _______________ and ___________________. please see attached photo.

 

Your firm is performing collections for an account that is in violation of Ohio Law, ( if you're not in Ohio, find your state consumer law or UDAP's and use it below )

 

Ohio Revised Code Chapter 1345: CONSUMER SALES PRACTICES -

1345.02 Unfair or deceptive consumer sales acts or practices prohibited.

(2) That the subject of a consumer transaction is of a particular standard, quality, grade, style, prescription, or model, if it is not;

1345.03 Unconscionable consumer sales acts or practices.

B (7) Whether the supplier has, without justification, refused to make a refund in cash or by check for a returned item that was purchased with cash or by check, unless the supplier had conspicuously posted in the establishment at the time of the sale a sign stating the supplier's refund policy
I offered to ship the dress back and they refused to accept it .
Should your Office continue to make false representations to the credit reporting agencies that I am obligated on this account, I will file complaints with the Ohio State AG, the CFPB and turn this over to an attorney for review and legal action in Federal court.
Sincerely
your printed name , address.

 

 

So I should send this letter after I send the validation one?

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Doesn't the store's merchant agreement with the credit card networks limit the merchant's avenues of recourse when a chargeback is found in the consumer's favor? I would explore this line of thinking if I was OP.

Remember one thing. A chargeback does NOT relieve the purchaser of the responsibility to pay for the items!!!

 

 

 

Things slow at the CA tonight?

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Why bother with Validation when you know exactly what this is about?

 

Fire off the Dispute and the intent to sue if they report false credit information

 

How is that different? Also in the validation letter I included something about reporting false information to the credit agencies and intent to sue if this negativity effects me.

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Do one and if it doesn't work or you get some claptrap back, send the other one. I still think preserving the legal right by using the 30 day validation period is important. I also agree with ICANN, I would just do the validation part first, strictly as a legal step to preserve your legal right to dispute. IMO it's fine to threaten to sue, but be sure you are willing to go that route. You have to be strong. :)

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Do one and if it doesn't work or you get some claptrap back, send the other one. I still think preserving the legal right by using the 30 day validation period is important. I also agree with ICANN, I would just do the validation part first, strictly as a legal step to preserve your legal right to dispute. IMO it's fine to threaten to sue, but be sure you are willing to go that route. You have to be strong. :)

 

 

+1.

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  • 2 weeks later...

Good luck! This really does sound like a scam because they haven't made an attempt to contact the owner of the credit card.

 

The card is in your parents' names, and they disputed the charge. You were unable return the merchandise.

 

It sounds suspect and I wish you luck.

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Update:

 

Hi everyone - I sent the validation letter in and confirmed they received it. I also have my return receipt as well. Now I just wait and see what they do. Thanks for all the help and advise you gave me!

 

you just sent a Std DV ????

 

OK, taking bets now

 

DV= reported as disputed on your credit reports

 

ITS letter= CA runs for cover and doesn't report it

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Update:

 

Hi everyone - I sent the validation letter in and confirmed they received it. I also have my return receipt as well. Now I just wait and see what they do. Thanks for all the help and advise you gave me!

you just sent a Std DV ????

 

OK, taking bets now

 

DV= reported as disputed on your credit reports

 

ITS letter= CA runs for cover and doesn't report it

@ICAN

IMO the "disputed" remark posted on the credit report comes from the CRA when you dispute an account directly with them not the CA.

 

Also, Validation is step 1 in the ITS process if she ever intendes to sue (assuming she wants to sue) and its not a bluff.

 

Am i right?

 

 

sent from encrypted device

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No , if you send a direct DV disputing it, the CA will have to report it as disputed on your reports if they choose to report

 

they have to pursuant to the FDCPA

 

however, if you have a legally valid dispute and threaten to sue for false information from the get go, odds are they they won't take the chance on reporting it at all.

 

hence my suggested letter.

 

when I state "Legally Valid" I mean FCBA violations, State law violations, previous dispute with merchant ( like this thread ) ID Theft related, mixed File, absolutely wrong person, etc.

 

Like where OCWEN was reporting one our members owed 50K on a mortgage for a house that not only had been foreclosed by Chase bank, the house had been sold years previously and after a quick investigation with the county records, turns out they owed him 20K surplus from the sale )

 

That's what i mean by a truly legally valid dispute

 

Not technical violations fcra/fdcpa dispute process for Credit repair

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  • 2 weeks later...

So I just received another letter from the collector but all it says is the debt is eligible to be reported to the credit bureaus and saying I should pay it. They didn't validate anything or say anything about my DV letter. What should I do now?

 

File a complaint with the OHIO AG, and the BBB.

 

threaten to sue for false credit reporting

 

turn it over to a FDCPA attorney

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I just called the collector and they said it was some auto generated letter. They know they are required to respond with validation and they said they may repsond shortly. They said that the debt is still marked internally as disputed.

Edited by pidgeynerd
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I just called the collector and they said it was some auto generated letter. They know they are required to respond with validation and they said they may repsond shortly. They said that the debt is still marked internally as disputed.

 

they are supposed to have procedures in place for stopping these robo letters once a FDCPA DV is received.

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I just called the collector and they said it was some auto generated letter. They know they are required to respond with validation and they said they may repsond shortly. They said that the debt is still marked internally as disputed.

 

they are supposed to have procedures in place for stopping these robo letters once a FDCPA DV is received.

 

 

Agreed, they may have just blown it with that letter. I can use this to sue them now right?

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I just called the collector and they said it was some auto generated letter. They know they are required to respond with validation and they said they may repsond shortly. They said that the debt is still marked internally as disputed.

they are supposed to have procedures in place for stopping these robo letters once a FDCPA DV is received.

Agreed, they may have just blown it with that letter. I can use this to sue them now right?

Just stop calling the CA .. all communications should be in writing.

 

sent from encrypted device

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