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1-2 Punch


Ryanxdm
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The last post in this topic was posted 1166 days ago. 

 

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I've sent DV letters to 3 of 5 negative accounts on my report. I haven't yet heard back from any of them. The next step is to send them another DV with 15 days to respond and dispute after that, correct?

 

Also, I had one of the CA's call demanding payment and when I asked for validation they said they didn't have to provide that. Is that legal?

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Guest grendel

Send DV letters, once they get them, investigate with the CRA.

 

Don't send another DV letter.

 

Why in this order?

 

DV letter binds them for 30 days, as reporting to a CRA is deemed to be collection activity. They have 30 days to respond to you or delete.

Yes, I coined the 1-2 Punch.

 

 

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Guest grendel

Then there's the knock out.

 

The CRA will of course check their tape and confirm it without really talking with the Furnisher.

 

You then ask for a procedural request, as you're supposed to be able to replicate the CRA's actions and face your accuser, the Furnisher.

 

So now you have either the Furnisher breaking the law or the CRA breaking the law.

 

Sue them if they don't delete.

 

 

 

 

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On 11/13/2018 at 10:52 AM, Ryanxdm said:

I've sent DV letters to 3 of 5 negative accounts on my report. I haven't yet heard back from any of them.

If you sent the DV in response to finding it on your credit report they can ignore it under the FDCPA and it is NOT a violation.  Unless you live in a state like Texas or California that affords additional state rights to their residents to DV at any time by invoking the appropriate state law.

On 11/13/2018 at 10:52 AM, Ryanxdm said:

The next step is to send them another DV with 15 days to respond and dispute after that, correct?

No.  They will mark additional disputes for the same reasons on the same account as frivolous.  They are not required to keep investigating accounts that are verified by the creditor.

2 hours ago, grendel said:

DV letter binds them for 30 days, as reporting to a CRA is deemed to be collection activity. They have 30 days to respond to you or delete.

This is patently FALSE  They are NOT required to respond within 30 days.  They are only required to cease collection activity until they DO validate.  The courts are DEEPLY divided on whether a trade line is collection activity and there is NO requirement in the FDCPA that they delete until they do.  This myth has persisted for almost a decade and often misinterpreted and misused.

2 hours ago, grendel said:

The CRA will of course check their tape and confirm it without really talking with the Furnisher.

Again, wrong  They send an E-Oscar inquiry to the creditor who either replies or doesn't. If the creditor does not respond the bureau deletes.  If they do then the account is considered verified and remains.  There is no "tape" for them to check.  I have no idea where you got that nonsense.  No one disputes there is actually a trade line sitting there.  Consumers dispute the validity or accuracy.

2 hours ago, grendel said:

You then ask for a procedural request, as you're supposed to be able to replicate the CRA's actions and face your accuser, the Furnisher.

No.  The consumer can request a Method of Validation.  The bureau must then respond with that information or delete.  

2 hours ago, grendel said:

So now you have either the Furnisher breaking the law or the CRA breaking the law.

No, but you are not going to let go of your fantasy.

 

The 1-2 punch used to work a decade ago during the recession when most records were still paper and few creditors could keep up with the sea of paperwork.  In the electronic era this rarely works and often results in the immediate "this is frivolous we will no longer investigate" letter.

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On 11/13/2018 at 10:52 AM, Ryanxdm said:

I've sent DV letters to 3 of 5 negative accounts on my report. I haven't yet heard back from any of them. The next step is to send them another DV with 15 days to respond and dispute after that, correct?

Without knowing who the creditors are, how much the debts are, or when you defaulted it is impossible to give you the advice best for your situation that would achieve the desired results and possibly avoid lawsuits.

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7 hours ago, CreditSucksNot said:

The 1-2 punch used to work a decade ago during the recession when most records were still paper and few creditors could keep up with the sea of paperwork.  In the electronic era this rarely works and often results in the immediate "this is frivolous we will no longer investigate" letter.

 

The 1-2 punch still works quite effectively.

The immediate "this is frivolous we will no longer investigate" letter is just an invitation for a consumer lawsuit. Declaring something frivolous without having actually done anything is not a legitimate investigation. Just calling them on it in court will work and they will cave every time.

 

And the MOV leverage versus the credit bureaus still works quite effectively. They are still sending that same form letter that is not even remotely adequate. But so few people challenge them on it that they don't bother to change it.

 

Just serve them the lawsuit and you will get a phone call from the legal department within a few days offering to delete whatever you want in exchange for you dismissing your lawsuit.

 

I suggest people just view the court filing fee as the cost for premium customer service from the credit bureaus.

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Guest grendel

Funny. You want to correct me, but go then ahead and validate why the punch still works, with a knock out.

 

It shows you lack understanding of why this works, FCRA and FDCPA, Furnisher and CRA.

 

Why do you think I mention the 30 days? The second punch isn't for the Furnisher, it's for the CRA and is listed under the FCRA and every notification they give you. 

 

What happens when the Furnisher doesn't validate, but the CRA does their normal process anyway? Do you think they're looking at any of these?

 

 

To the OP:

 

Wait for the 30 days for the CRA investigation to end.  Pray that the CA doesn't validate. Wait for the CRA either to delete or notify you that everything's perfect.

 

 

 

 

 

Edited by grendel
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