Raimondi65 Posted August 9, 2003 Report Share Posted August 9, 2003 TU for DH 2 DeletionsEQ for ME 5 DeletioinsMore pending but looking good so far! Link to comment Share on other sites More sharing options...
kb9tbq Posted August 9, 2003 Report Share Posted August 9, 2003 You mean your disputes are back, right? not DVDV is debt validation - done with the collection agency only, not the credit reporting agency, Yes, that is very very good results you have there. Congradulations!!! Link to comment Share on other sites More sharing options...
Raimondi65 Posted August 10, 2003 Author Report Share Posted August 10, 2003 My deletions so far came from CA that did not respond to DV request. I sent letter to CRA that CA did not validate debt and that's where those deletions have come from. I sent DV letters out early June, got some letters from CA that they were deleting. The ones that I got no response or insufficient validation, I sent follow up letters and they still did not respond.So mid July I sent letter to CRA(sample letter) to CRA including green card and copy of letter. Those deletions are directly related to my DV attempts. Link to comment Share on other sites More sharing options...
ADSOFT Posted August 10, 2003 Report Share Posted August 10, 2003 My deletions so far came from CA that did not respond to DV request. I sent letter to CRA that CA did not validate debt and that's where those deletions have come from. I sent DV letters out early June, got some letters from CA that they were deleting. The ones that I got no response or insufficient validation, I sent follow up letters and they still did not respond.So mid July I sent letter to CRA(sample letter) to CRA including green card and copy of letter. Those deletions are directly related to my DV attempts. DC, Congrats,That's how it works, you basically proved they had no right to collect because they had no right to the debt. ... Just be carefull those debt will soon be sent to another CA. You might want to call the OC and settle with now: If they are small, ..if you think that the OC can never fully validate, then make sure you have DV letters handy.BTW in you DV letter did you request that the CA send you the ASSIGNMENT AGREEMENT between the CA and the OC????? From my research that seems to be THE MAJOR FAULT in the whole collection farce that the collection tries to hide (and is usually succesful with the unsophisticated consumer) from the consumer.Can you post a sample of you DV letterTIA Link to comment Share on other sites More sharing options...
Raimondi65 Posted August 10, 2003 Author Report Share Posted August 10, 2003 Adsoft,I used the sample DV letter from above. I include the assignment agreement that was part of the sample letter. I like your suggestion of settling with the OC. For me: Creditors were Midland(First Consumers National Bank)Centerpoint (Houston Lighting and Power)Palisades (AT&T)Providian//normal dispute -not mine-Professional Adj Corp(True Green)Credit Management (BellSouth Ent)Prof Adj Corp responded by saying they deleted. All others failed to respond. I can already tell that Midland has been reborn through another CA. I am getting calls and 1 notice from another CA for that debt. Do I DV them too, while I am trying to settle with OC?Thanks again for the feedback...BTW finally seeing bumpage from EQ. Signing up for Equifax Credit Watch Gold made all the difference. 10 inquiry deletes for DH and 4 for me so far.Thanks Again,Darlene Link to comment Share on other sites More sharing options...
ADSOFT Posted August 11, 2003 Report Share Posted August 11, 2003 Adsoft,I used the sample DV letter from above. I include the assignment agreement that was part of the sample letter. I like your suggestion of settling with the OC. For me: Creditors were Midland(First Consumers National Bank)Centerpoint (Houston Lighting and Power)Palisades (AT&T)Providian//normal dispute -not mine-Professional Adj Corp(True Green)Credit Management (BellSouth Ent)Prof Adj Corp responded by saying they deleted. All others failed to respond. I can already tell that Midland has been reborn through another CA. I am getting calls and 1 notice from another CA for that debt. Do I DV them too, while I am trying to settle with OC?Thanks again for the feedback...BTW finally seeing bumpage from EQ. Signing up for Equifax Credit Watch Gold made all the difference. 10 inquiry deletes for DH and 4 for me so far.Thanks Again,DarleneDCThanks for replying.FWIW I beleive the ASSIGNMENT CLAUSE is the strength behind these DV letters. These guys know they are breaking the law if they continue collecting. In terms of DVing this new CA, the CA is PROBABLY going to run a credit check first and then send you your mini-maranda's. I would wait till you get the collection letter and whip oult a DV. Make sure you emphasis the section in the letter that states it is a violation to report invaldiated information, and of course the ASSIGNMENT CLAUSE issue. That should hold them off. REad the CA$$ letter from the FTC so you know your right on reporting. And re-read the DEBT VALIDATION section.I would contact the OC and settle with them. If they tell you that your account has been sent to a collection agency, I would respond with:"hey,my contractual terms with you are unassignable, you have already tried once with a collection agency and it didn't work. Unless you prove to me that the bill is assignable and you have relequished all right to the debt then you are in violation of my contractual agreement and I may have t o prosecute for violation of my contractual rights and defimation of character".You might run this what I just wrote through KB and Calawyer and TexLawyer just to be sure. ... But, I'm pretty sure that how assignment works. The only way that the CA can collect is if the OC sells the bill, lets you know that the bill has been sold an has relequished all rights to the debt, and there is an assignment clause. Ohterwise the CA(and all future CA'S can pound sand) and if the OC refuses to deal with you can take them to court. Of course you probobly won't be able to use FDCPA/FCRA violation because they are OC'S. You would probably have to get legal counsel on that. Anyhow ... that's not legal advice just my opinion...BTW, Congrats good job. It more proof that the stuff on this board works Link to comment Share on other sites More sharing options...
Raimondi65 Posted August 11, 2003 Author Report Share Posted August 11, 2003 Ad,Thanks for taking the time to explain that to me. I am sure I have already received correspondence from the new CA. I will re-read their notice. I had received that before I got rid of Midland so it confused me. Midland claimed that they purchased the debt, but never proved it, so why a new CA? Could it be it was not TRUE? Musta been. I appreciate your efforts to help me understand this stuff. It is slowly sinking in. Thanks Again...I am sure I will need your help again very soon! Link to comment Share on other sites More sharing options...
ADSOFT Posted August 11, 2003 Report Share Posted August 11, 2003 DC Sorry I missed that sentence where you said you already recieved the collection letter.Have they reported to the CRA'S yet??? Either way seen out the same DV letter to them (.. addressed to Different CA of course) state something like:.. I recieved a letter from you on xx/xx/xxxx regarding accounting xxxxxxx. And the rest should be like before.I would go read this section again:(Debt validation on the top board). Even for me that I've been on the board a few months I always learn some new when I read it. There is a lot of info there.http://www.creditinfocenter.com/rebuild/debt_validation.shtmlRead the CA$$ letter: Print it out and read it at your leisure. These are your reporting rights at this point of the game.FWIW it sounds like you are doing pretty good. Your sticking to the game plan. I believe if you follow (and if I follow) the game plan set out on that link you should do OK it just a couple of months to get them off. Maybe 3 months. Be ready to settle with some creditors unless you plan on continuing to dodge them with CA'S until the OC produces a contract. Again, Congrats your doing great.p.s. sorry I was not so clear, I'm recovering from a root-canal. Link to comment Share on other sites More sharing options...
Raimondi65 Posted August 11, 2003 Author Report Share Posted August 11, 2003 Better you than me on the root canal!I am going to go over that DV info again, and the CA$$ letter. I was wondering when a collection notice mentions that you have 30 days to contest the validity of the debt, failure to respond means you agree with the validity of the debt. Are you familiar with this paragraph in collection letters and do you know if there is a time limit to request validation? Justcurious.Thanks for the encouragement, I have a long way to go and I will certainly need it.dc Link to comment Share on other sites More sharing options...
ADSOFT Posted August 11, 2003 Report Share Posted August 11, 2003 Better you than me on the root canal!I am going to go over that DV info again, and the CA$$ letter. I was wondering when a collection notice mentions that you have 30 days to contest the validity of the debt, failure to respond means you agree with the validity of the debt. Are you familiar with this paragraph in collection letters and do you know if there is a time limit to request validation? Justcurious.Thanks for the encouragement, I have a long way to go and I will certainly need it.dcJust because you don't respond within the 30 days doesn't mean you are obligated to the debt:FDCPA: SECTION 809....© The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. I guess "VALIDITY" and "LIABILITY" are different. So the debt may exsist but you might not be liable for it???????FDCPA SECTION 809( If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. That just means that if you don't respond in 30 days they can start reporting to the CRA'S.Make sure you send the DV letter, at this point you don't want them to start reporting again. In your letter state "..... reporting unvalidated information is a violation..." and make sure you request "FULL VALIDATION. You know, ... it's all the DV letterYou just want to make them think twice before reporting any info to the CRA'S. The Ca$$ letter spells all that out. Link to comment Share on other sites More sharing options...
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