Johnnyc Posted May 14, 2003 Report Share Posted May 14, 2003 Ive been reading these boards for the past week and Ive gotten a wealth of great information. My only point of concern is that Im a little hazy with the sequence of events that follows the first couple rounds with the CRAs using "Not mine" and disputing info in the tradelines with all the 30 day followups. Specifically, should I begin to validate with the CAs (NCO and Sherman) if the collection and charged off accounts have not been deleted from CRAs after the first round of disputing or much later on. I figure Im going to have to deal with them because its unlikely that all 3 CRAs will delete the same tradelines, if at all. Im also concerned that these accounts are not pass the SOL (i live is NY which is 6 years) and became delinquent the past 1-2 years so should i even validate with the CAs. If i do and they do mananage to validate (signed contract with my name and all the statements during the lifetime of the account?) do i risk being sued by them or the OC. Can a lawsuit judgment be posted to the CRAs thus opening more whoopass on myself. I want to learn about the best/worst case scenarios and to know what to do next so i dont get freaked out by threats of lawsuits or do something irreperably stupid. Thanks for any insight. Johnny [Edit by Johnnyc on Wednesday, May 14, 2003 @ 04:34 PM] Link to comment Share on other sites More sharing options...
cybercrusader Posted May 15, 2003 Report Share Posted May 15, 2003 Aren't the CA's contacting you by telephone or letter? I'm asking because they have rules to follow and if they don't follow them, you have potential leverage with FDCPA violations.I understand your concern about wanting to lay low, but I'm not sure how else you could proove to the CRA's that an entry should be deleted from your report without some kind of document (i.e. an ignored validation letter).I've sent out DV letters for the past three years and NO ONE has responded, ever. Of course, this is just me. Everybody is different.[Edit by cybercrusader on Wednesday, May 14, 2003 @ 08:11 PM] Link to comment Share on other sites More sharing options...
adtripho Posted May 15, 2003 Report Share Posted May 15, 2003 Defintely send the DV letter to NCO....believe me, they won't respond...then send another 30 days after they receive the first...they still won't respond....then you have some ammo...send copies of both letters and the green cards (certified mail of course) to the credit reporting agencies. If they (CRA's) refuse to delete it then I'd suggest contacting an attorney from the naca.net site about suing both of them. I'm at that point right now with NCO! Link to comment Share on other sites More sharing options...
cybercrusader Posted May 15, 2003 Report Share Posted May 15, 2003 <blockquote>Originally posted by adtriphoDefintely send the DV letter to NCO....believe me, they won't respond...then send another 30 days after they receive the first...they still won't respond....then you have some ammo...send copies of both letters and the green cards (certified mail of course) to the credit reporting agencies. If they (CRA's) refuse to delete it then I'd suggest contacting an attorney from the naca.net site about suing both of them. I'm at that point right now with NCO!</blockquote>Excellent. And the attorney is free right? Link to comment Share on other sites More sharing options...
Johnnyc Posted May 15, 2003 Author Report Share Posted May 15, 2003 The CAs (Sherman and NCO) sent me a collection notice a while back but I havent been receiving threatening phone calls or nasty letters ever since. I dont know if their lack of harassment is a gift horse in the mouth or those jokers think im lost cause for collection. I think I have a pretty good idea about the DV letters with CAs but I just want to see what the first round of disputes with the CRAs will yield me using "not mine" letters. If that doesnt work, I plan to DV with the CAs to lay the groundwork for deletion. Im just concerned that the OC (Citibank) will want to launch a lawsuit against me because the SOL is not not up yet. Does one generally wait these things out until SOL to start DVs or bank on the incompetance of the CAs? Also, is there a violation here that Im missing that I should document for my case to the CRAs? P.S. Saw Reloaded tonight and it was one bitchin movie. [Edit by Johnnyc on Wednesday, May 14, 2003 @ 10:38 PM] Link to comment Share on other sites More sharing options...
adtripho Posted May 15, 2003 Report Share Posted May 15, 2003 <blockquote>Originally posted by cybercrusader<blockquote>Originally posted by adtriphoDefintely send the DV letter to NCO....believe me, they won't respond...then send another 30 days after they receive the first...they still won't respond....then you have some ammo...send copies of both letters and the green cards (certified mail of course) to the credit reporting agencies. If they (CRA's) refuse to delete it then I'd suggest contacting an attorney from the naca.net site about suing both of them. I'm at that point right now with NCO!</blockquote>Excellent. And the attorney is free right? </blockquote>Not off the bat....you are technically entitled to $1000 for ONE violation + attorney fees. They will usually want the standard 1/3 of what you are entitled to....shop around and find one that will either not charge the fees (taking 1/3 of what you're owed) or one that will do the opposite...you get your whole $1000 and they settle with them for their attorney fees. Either way, it's some extra $$ and it's off your record. Link to comment Share on other sites More sharing options...
cybercrusader Posted May 15, 2003 Report Share Posted May 15, 2003 Johnnyc,Sounds like you know what you're doing. As for waiting until the SOL is up, that's up to you. I usually validate as soon as I get a notice. The CA's are mucho incompetent, but learning. I wouldn't think anything of the silence. Your alledged debt may be getting tossed around to other CA's or they may be busy with bigger fish at the moment. Not to alarm you, but I was sued by a CA who I NEVER heard of. No phone call, no letter, nada.As for FDCPA violations, the letters they send have to comply with certain language and cannot say certain things. That's what I was thinking about.good luck Link to comment Share on other sites More sharing options...
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