I'm scared to mail a validation letter

[juliedealer]

I'm scared BOA will make my life hell if I do... Need a little encouragement

 

Julie

[johnnyc]

Why are you validating with an OC and are you under or over the SOL for judgements.

[Pam]

I'm scared BOA will make my life hell if I do... Need a little encouragement

 

Julie

 

This is the one that was discharged thru BK, right?

 

What can they do to you? Experian is the one that kills turtles.

 

They can't make your life hell, they can't take away your birthday, or require your firstborn in exchange for proper reporting (although today, I'd trade mine for some improper reporting, lol).

 

You have the power in this situation, because they are the ones in violation of the laws. Requesting validation is within your rights as a consumer.

[juliedealer]

thank you Pam...

[LKH]

Everything said is true, but the fact still remains that BofA is an oc and thus is under no obligation to validate. You can dispute the account per section 623 of the FCRA.

[Pam]

Everything said is true, but the fact still remains that BofA is an oc and thus is under no obligation to validate. You can dispute the account per section 623 of the FCRA.

 

This is true, LKH, and I think that's what she's going to do. Sassy has been helping her along in the other thread. BofA sold her account after it was discharged.

 

:?

[SassyinAz]

Nodding with Pam, Experian DOES kill turtles AND they arbitrarily cut off your ability to dispute online too, shame on them!!!!!!!!!

 

awwwwww Julie, I know it can be confusing!

 

LKH is right, it's a dispute under FCRA 623, which is the responsibilities of furnishers of information.

 

I want you to understand but I don't want you to be scared, big damn corporate paper pushing ink protector in their left pocket, bullies!!!!!!!! ;-)

 

You Julie are in control, you don't have to do anything if you don't want to. And you don't have to send a letter to BOA at all, especially now.

 

You can keep on disputing your TL's piece by piece through the CRA's and send letters later, or never send a letter to them at all. The standard is still the same, hold the CRA's responsible for the bad jobs they do.

 

BOA likely won't respond, if they do it will only help you and support you in future disputes, using their own records against them. It's discharged, they sold it, they can't do anything to you at all, Julie.

 

The truth is persistance is what will remove it from your reports eventually. Dispute it every 30 days, in every way imaginable. BOA isn't going to do anything but delete it or not respond eventually and it will still go away.

 

Do what works for you and what you feel comfortable with. I thought you understood the differences between verification and validation -- it seems so petty and anal, I know, but it's a hugely important difference in requirements.

 

No more dead turtles!!!!!!!!!!!!!!!

 

Sassy

 

************************************************************

Here's a summary of your rights under the FCRA, as a consumer:

http://www.ftc.gov/os/statutes/2summary.htm

 

Here's a summary of the responsibilities of information furnishers:

http://www.ftc.gov/os/statutes/2furnshr.htm

 

FCRA -- applies to CRA's and furnishers of information which can be both OC's and CA's, in your case BOA is the original creditor (OC).

 

If you believe any piece of information that is being reported about you is inaccurate or incomplete; not updated or not verifiable, you have 2 options for addressing it:

 

1. Dispute the information directly with the CRA's

 

2. Dispute the information directly with the furnisher of information (BOA/OC)

 

or both if you want. There are no limits to how many times you can dispute information.

 

If you've decided to send BOA a letter, you're doing #2 and requesting they provide to you documentation that substantiates the information they are reporting (because you've already told them it is inaccurate and incomplete and a violation) or delete it.

 

They can't provide you with that documentation because it's not accurate and complete, which is what you are advising them of, to cure the violations of the FCRA by continuing to verify (with the CRA's) inaccurate and incomplete that they won't verify -- HEY, you are telling them to put up or shut up, there it is!!!!!!!!!!!

 

If they provide you any documentation, unlikely, it will only serve as proof of the conversation you had, that your discharged debt was sold and back up further disputes. They don't have to respond to you, just upon notice from you they have to do certain things under the FCRA, section 623, nodding with LKH.

 

FDCPA -- applies only to 3rd party collectors, it intends to address abusive collection tactics. This would apply to the attorney that bought your debt should they start reporting or collection efforts.

 

Validation is a specific section of the FDCPA, applying to those collectors only, not to OC's.

[robbenmel]

Um...dead turtles? :?

[juliedealer]

Sassy,

thank you for your hand holding here. I'm printing out your answer and reaing the links, The links are helping me better understand who does what. Now I have another problem....I disputed that I ever had been late with Discover, they changed the account to read, turned over to collection, skip. My head is about to pop. Once again I had nevr been late with the account and it was discharged in BK as they well know because that is how they had reported it previously. It appears to be a blatant attempt to give me the run around.

 

Julie

[SassyinAz]

oh wow, Hi Julie!!!!!!!!!!!!

 

I missed that you had responded, sorry!

 

Check this out: http://www.creditboards.com/phpBB2/viewtop...p?p=26507#26507

 

Erik has the same problem as you, SOLD TO WEINSTEIN, only it's on his reports!!!!!!!!!!!!!

 

Sassy

[radi8]

Um...dead turtles? :?

 

It's an ugly story.

MarkLA had written to Experian, I forget the exact reason, but his turtle paid the ultimate price. Search creditnet for "experian killed my turtle" for the chilling details.

It wasn't the first time, another member lost her dog.

 

Hey Julie, frustration is one of their most effective tools. One of you will eventually wear down and give up. Make sure it's them!

 

 

 

-Radi8