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DV strategy question


vader
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I was reading the DV strategy section on the main site.

It says to dispute the acct right after you send the DV letter to the CA.

Why are you doing this?

Shouldn't you wait until the 30 days has passed and then contact the CRA and tell them of the non validation by the CA?

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Because by doing so you set up a scenario where either the CA or the CRA breaks the law if it stays on your report.

If the CA verifies the tradeline after receiving but not responding to a DV notice, they violate the FDCPA (FTC opinion letter "Cass"). The CA is not allowed to verify anything until they respond to the DV demand.

If the CA does not verify it and the CRA leaves it on your report, then the CRA has violated the FCRA by failing to investigate and remove unverifiable tradelines.

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I was reading the DV strategy section on the main site.

It says to dispute the acct right after you send the DV letter to the CA.

Why are you doing this?

Shouldn't you wait until the 30 days has passed and then contact the CRA and tell them of the non validation by the CA?

No. The whole purpose is to gain leverage against the CAs by putting them in a situation where the are likely to commit a violation of the FDCPA. The FDCPA is a strict liability statute so a violation will either enrich you or offset your debt.

This is from the FDCPA:

(B) 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.

When you receive your green card back, or verify the CA has received your DV letter (www.usps.com) you send your dispute letter to any CRA that is reporting that account. If the CA does not verify with the CRA, then the account is deleted. If the CA verifies with the CA before sending you validation of the debt, then that is considered "collection activity" and a violation, $1000 per CRA verified with.

If the CA is not reporting the debt to a CRA, they cannot, until they validate with you, or that is collection activity and a violation.

The violations are leverage and you use the violations to make the CAs disappear or pay you. You can report them to the BBB, the FTC, your state AG (especially if your state requires licensing) and you can sue them.

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Ok, that explains it. Thanks.

I was thinking I should wait because the CA has never contacted me about collecting the debt. They just bought it and put it on my CRA. (the comopany is Midland Credit Management)

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Because by doing so you set up a scenario where either the CA or the CRA breaks the law if it stays on your report.

If the CA verifies the tradeline after receiving but not responding to a DV notice, they violate the FDCPA (FTC opinion letter "Cass"). The CA is not allowed to verify anything until they respond to the DV demand.

If the CA does not verify it and the CRA leaves it on your report, then the CRA has violated the FCRA by failing to investigate and remove unverifiable tradelines.

Hey stranger hehehe I have been away a bit but wanted to tell you Experian deleted 6 out of 8 of my disputes ^_^ YAY!!!! umm ther verified ARROW grrr..... ya remember the ones I cant get into small claims court with? I am going to attempt my luck at county court to see what I must do there. This post and you response is EXACTLY what happened to me! Arrow never contacted me ever to this day, and Experian verified both :(

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