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the-big-easy
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The 30 days is finally over. So far I have had 4 deletions. Now it's time to get serious with these a$$holes that did not validate. I have read under the debt validation portion of this web site that you should fire off a letter stating the collection agency did not comply with FDCPA and should remove the derogatory info with the credit agencies, and also include a copy of the first letter and a copy of the CRRR. Do any of you veterans know of a link for a well written letter? Also do you send yhis letter CRRR? And lastly, do you send the "demand deletion" letter and copies of the CRRR along with the original debt validation letter to the CA?

Please respond.

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Most people that have tried this have not had any success.

The CRAs will usually tell you that the CAs verified by name, SSN or address and that is all they need.

As far as I know the CRAs will only accept letters from CAs or OCs on their company letterhead with the account number referenced.

They will usually accept a UDF (Universal Data Form) as well from the CA.

A short while ago some "brilliant" idiot got the idea to forge letters from the CAs on his report and was able to get deletions.

In the end he hurt everyone else because some CRAs will only accept letters directly from the CAs now.

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<blockquote>Originally posted by the-big-easy

The 30 days is finally over. So far I have had 4 deletions. Now it's time to get serious with these a$$holes that did not validate. I have read under the debt validation portion of this web site that you should fire off a letter stating the collection agency did not comply with FDCPA and should remove the derogatory info with the credit agencies, and also include a copy of the first letter and a copy of the CRRR. Do any of you veterans know of a link for a well written letter? Also do you send yhis letter CRRR? And lastly, do you send the "demand deletion" letter and copies of the CRRR along with the original debt validation letter to the CA?

Please respond.

</blockquote>

I sent the CRA's what you said and it got me nowhere. The CRA's do want letters from the CA or OC on their letterhead. You could try sending copies of letters and the CMRRR green cards but I got nowhere and I felt that it was a waste of money. Just my opinion though.

So I suggest re-disputing another tradeline within the account. Keep re-disputing different tradelines and hopefully eventially it will come off! You may want to wait another couple of weeks though before you re-dispute.

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I got this letter from someone else on this board (sorry, I don't remember who), but they said they got one deleted with this letter. I just sent it out and am waiting to see what happens.Trans Union Consumer Relations

PO Box 2000

Chester, PA 19022-2000

4/1/3003

RE: Investigation with Whoever #454544

Dear CRA,

This is a formal request for evidence acquired during your verification process with WHOEVER. I am requesting this information because I have validated with WHOEVER and have received nothing. I have sent them a Doctrine of Estoppel letter and they still continue to verify with you.

FDCPA or FCRA requires them to validate with me, if they wish to continue reporting this inaccurate trade line.

FCRA requires you to be 100% accurate with information you report. FCRA also requires you to provide procedural investigation evidence if requested. If they won't validate, how were you able to verify according to FCRA regulations?

I have included copies of sent correspondence with WHOEVER, including CRRR receipts.

Please note that I have retained an attorney and I will go forward with a law suit. Damages are easily proven, as I have been charged higher interest rates on credit cards, mortgages and I was denied for an auto loan. This has gone on long enough. This is also my last effort at an amicable solution.

Prove you accurately verified this account within 15 days, delete it or see me in court with my attorney.

Thank you for your time and attention in this matter,

ME

SS

cc:

Better Business Bureau

4200 Wilson Blvd,

Suite 800

Arlington, VA 22203-1838

via fax to FTC at 202-326-2012

Tom Reilly – Attorney General

One Ashburton Place

Boston, MA 02108-1698

Mike Fisher – Attorney General

21 S. 12th Street, 2nd Floor

Philadelphia, PA 19107

I have had great results using Grendel's One Two Punch out and this is where the letter comes from. Fix the letter up according to your situation and it should work. I have had one work and am waiting on other results.

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I like this letter! It is a step further than I have gone. I have qouted violations codes and the such but I haven't threatened any legal action yet. I am only at round 2 though. I think I will use something like this after my 2nd round. Thanks for the letter! :D

I did request verification procedures from the CRA but they sent me a letter stating that I need to contact the OC. They said that they verify by calling them, matching they're files to the OC's files via computer or by letter. They would not tell me anything else.

[Edit by capepuffin on Tuesday, May 6, 2003 @ 08:44 PM]

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I dont understand. Aren't there stipulations set aside by the federal government that mandate a creditor prove the debt is yours? And aren't those mandates listed on this web site?

None of the CRA'S have validated the debts. They all sent letters asking for more information. I was told not to provide any more information by others on this website.

I'm confused now. I thought by law, that those collection agencies that did not properly validate, would be reomved from my credit report.

WOULD SOMEONE PLEASE CLARIFY????????????????

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<blockquote>Originally posted by the-big-easy

I dont understand. Aren't there stipulations set aside by the federal government that mandate a creditor prove the debt is yours? And aren't those mandates listed on this web site?

None of the CRA'S have validated the debts. They all sent letters asking for more information. I was told not to provide any more information by others on this website.

I'm confused now. I thought by law, that those collection agencies that did not properly validate, would be reomved from my credit report.

WOULD SOMEONE PLEASE CLARIFY????????????????

</blockquote>

Yeah I'm a little confused, too. That 30 day thing with the CRA's is like the bible on this board, and I've been counting down the days with bated breath. The law reads pretty clear in this aspect: If they don't validate in 30, they gotta remove it.. there's really no grey in this area.

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CA's actually never have to validate to you. The 30 days is for the CRA. CA's only have to stop collection activity if they do not validate to you. The only thing the 30 days would have to do with the CA is if you validate the account with the CA and when you receive your green card back then dispute with the CRA, then they are on a time limit because if they verify with the CRA before validating with you, that is considered continued collection activity.

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<blockquote>Originally posted by slstafford

because if they verify with the CRA before validating with you, that is considered continued collection activity.

</blockquote>

I only disagree with your last sentence...they can verify with the CRA but they HAVE TO INCLUDE the notice of the dispute.

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Swede, have you read FTC staff opinion CASS? In it is specifically asked if the CA reports to the CRA that it is in dispute without validating with the consumer it is still collection activity and it is still a violation. This would be under FDCPA so it wouldn't pertain to OC's but it does to CA's.

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<blockquote>Originally posted by slstafford

Swede, have you read FTC staff opinion CASS? In it is specifically asked if the CA reports to the CRA that it is in dispute without validating with the consumer it is still collection activity and it is still a violation. This would be under FDCPA so it wouldn't pertain to OC's but it does to CA's.

</blockquote>

Yea I have, and I actually read the ENTIRE letter which clearly states that if the WRITTEN dispute is recieved WITHIN the initial 30 days AFTER the account is placed on the report but BEFORE responding the the dispute- the CA must note the account as "in dispute"

FDCPA Staff Opinion LeFevre-Cass

December 23, 1997

Robert G. Cass

Compliance Counsel

Commercial Financial Services, Inc.

2448 E. 81st Street, Suite 5500

Tulsa, OK 74137-4248

Dear Mr. Cass:

Mr. Medine has asked me to reply to your letter of October 28, 1997, concerning the circumstances under which a debt collector may report a "charged-off debt" to a consumer reporting agency under the enclosed Fair Debt Collection Practices Act. In that letter, you pose four questions, which I set out below with our answers.

I. "Is it permissible under the FDCPA for a debt collector to report charged-off debts to a consumer reporting agency during the term of the 30-day validation period detailed in Section 1692g?" Yes. As stated in the Commission's Staff Commentary on the FDCPA (copy enclosed), a debt collector may accurately report a debt to a consumer reporting agency within the thirty day validation period (p. 50103). We do not regard the action of reporting a debt to a consumer reporting agency as inconsistent with the consumer's dispute or verification rights under § 1692g.

II. "Is it permissible under the FDCPA for a debt collector to report, or continue to report, a consumer's charged-off debt to a consumer reporting agency after the debt collector has received, but not responded to, a consumer's written dispute during the 30-day validation period detailed in § 1692g?" As you know, Section 1692g(B) requires the debt collector to cease collection of the debt at issue if a written dispute is received within the 30-day validation period until verification is obtained. Because we believe that reporting a charged-off debt to a consumer reporting agency, particularly at this stage of the collection process, constitutes "collection activity" on the part of the collector, our answer to your question is No. Although the FDCPA is unclear on this point, we believe the reality is that debt collectors use the reporting mechanism as a tool to persuade consumers to pay, just like dunning letters and telephone calls. Of course, if a dispute is received after a debt has been reported to a consumer reporting agency, the debt collector is obligated by Section 1692e(8) to inform the consumer reporting agency of the dispute.

III. "Is it permissible under the FDCPA to cease collection of a debt rather than respond to a written dispute from a consumer received during the 30-day validation period?" Yes. There is nothing in the FDCPA that requires a debt collector to continue collecting a debt after a written dispute is received. Further, there is nothing in the FDCPA that requires a response to a written dispute if the debt collector chooses to abandon its collection effort with respect to the debt at issue. See Smith v. Transworld Systems, Inc., 953 F.2d 1025, 1032 (6th Cir. 1992).

IV. "Would the following action by a debt collector constitute continued collection activity under § 1692g(B): reporting a charged-off consumer debt to a consumer reporting agency as disputed in accordance with § 1692e(8), when the debt collector became aware of the dispute when the consumer sent a written dispute to the debt collector during the 30-day validation period, and no verification of the debt has been provided by the debt collector?" Yes. As stated in our answer to Question II, we view reporting to a consumer reporting agency as a collection activity prohibited by § 1692g(B) after a written dispute is received and no verification has been provided. Again, however, a debt collector must report a dispute received after a debt has been reported under § 1692e(8).

I hope this is responsive to your request.

Sincerely,

John F. LeFevre

Attorney

Enclosure

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<blockquote>Originally posted by slstafford

I think I need glasses! Ha Ha! I am having a hard time reading things on my notebook computer. The print is too small. When you made it larger I realized what I missed there. Thank you! Your so sweet! :sweet:

</blockquote>

LOL, that's funny. I know, this getting older s*** is playing tricks on my eyes, I'm not too happy about it...... :rolleyes:

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Instead of violate, do you mean validate?

How about threatening to take the CA to court.

I had somewhat of the same problem but with a Credit Union when the pull an extra CREDIT REPORT, I called them, spoke to the credit dept. manager, the manager of the loan officer, asked to have inquiry removed or ELSE (... lawsuit, $1000, Attorney General, you get the picture).

... Now I have requested validation on 2 medicals on my experian, everything fall off my report(really), except $79 medical bill, I called them and said, hey, I need "SIGNATURE AND BILL" read my posts in validation,CookieMonster cleared up the validation issue( you need both signature and bill), they told me that they will send it. ... Well, it turns out the TU was in there final day of validation with this particular CA, and the had one day to validate,today was that day, I will know tommorrow what happen.

... I really believe I scared the hell out of them when I told them what was going to happen to them if they don't come up with a SIGNATURE+++.

.. I would call call the CRA'S and tell them what you have in your hand: Green cards and DV letters, ask what would be easier, faxing them copies of or start a second dispute, and maybe call, fax CA and say hey I have, DV, green cards, fax signatures(read my posts on that issue) and I'm ready to go to court, get my TR off or pull out your check book $1,000/mo.

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