the aussie

Question regarding the 1-2 Punch

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G'day Mates...

Although I have read the getting started with credit repair thread, I am still somewhat confused over the 1-2 Punch. Last week I disputed all negatives with CRA's (EQ and EX are showing them as consumer disputed however TU has not yet).

My question is do I now DV all the CA's on the reports or wait till CRA's respond then DV the CA's

Thanks....

The Aussie

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G'day Mates...

Although I have read the getting started with credit repair thread, I am still somewhat confused over the 1-2 Punch. Last week I disputed all negatives with CRA's (EQ and EX are showing them as consumer disputed however TU has not yet).

My question is do I now DV all the CA's on the reports or wait till CRA's respond then DV the CA's

Thanks....

The Aussie

You wait until you get a response from your CRA's...you have to wait for your results. You might just get lucky and get a delete. Good Luck :D

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Thanks for the response...that's what I thought. Is there a time limit I should wait and can any of the CA's or OC's file suit during this process (as I am probably waking sleeping giants) From the reading I have done, seems it is important to have DV's done before any suit is filed.

The Aussie

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Aussie, you should had DVed the CAs CMRRR, once you recieved the confirmation that they had recieved the DV letters, then you should had disputed with the CRAs.

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DV the CA first, then after you get the greencard back, Dispute with the CRA's.

That way when the CA verifies with the CRA's (without) validating with you, it's the 'ol 1-2 punch against the CA.

Are you from the Sydney or Perth areas?

Enjoyed both of them and really enjoy the beer "down unda"

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Thanks for the response however that just confirms my confusion over different opinions on the subject.... this is what I read to do in the thred "getting started with credit repair"

"First, dispute all of the negative TL’s on your report. I got 4-5 deletions that way. This was effective on about 20% of my accounts. This will take 30 days or so. You can dispute over the phone, because I don’t feel like suing the CRA is the best way to go. If you aren’t going to sue them, you don’t need the documentation. IT may work for others, but I have had better luck with the CA’s and OC’s.

Next, after the initial investigations are complete, DV all of the remaining ones. Now, you can take your time and eliminate them in manageable groups. However many you have the time and money for, whether it is 3 or 10 at a time. The way to do this is simple. Sometimes a company attempts to dodge DV’s by refusing to sign for them. When the letter is returned to you, save it to use as evidence later, and then resend it by FEDEX with delivery confirmation. More expensive, to be sure, but most companies will sign for FEDEX without a second thought. When the green cards come back, immediately request reinvestigation from the CRA.

I just need to know that I am proceeding properly to make this work as it should......so any experts out there,

Do I dispute the TL's with the CRA's first, wait for response then DV all CA's or since I have already disputed all negative TL's do I DV the CA's now?

I really can't afford to lose any more hair over this as the receding hairline is now down to the back of my neck....LOL

The Aussie

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Let me put a simple answer out there for you Aussie. Hopefully this answers it for you.

The 1-2 punch is sending a DV letter to the collector and then a few days later disputing with the credit bureau. The idea behind it is to create a situation where the collector can't respond to the bureau's request without breaking the law and hopefully, making it so the bureau is simply has to delete the tradeline.

It works like this.

Once the collector gets your DV letter, they are forbidden to continue collection activities until they respond to the validation. Courts have time and again said that reporting to a bureau *is* collection activity since collectors use it as a tool to force payments out of consumers. Since the collector has to get verification from the original creditor and then forward the OC's response to you, this can give you a window to work with.

At the same time, the bureaus are required to ask the collector to verify the tradeline within 30 days of receipt of your dispute and if they get no response, they must delete it.

The hope is that once the DV lands in the collector's hands that their response will cross with the bureau's attempt to verify. If the collector responds to the bureau without first getting the validation from the OC and sending it to you, they broke the law by continuing collection activity and you can claim a $1000 offset against them. If they don't respond to the bureau, the bureau has to remove it and cannot put it back in unless the collector provides some proof that the tradeline is correct.

Now all this is in a perfect world where they all obey the laws. Sometimes it works; sometimes not. But when it doesn't work, it is usually because someone broke the law and opened up a $1000 claim in your favor.

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Let me put a simple answer out there for you Aussie. Hopefully this answers it for you.

The 1-2 punch is sending a DV letter to the collector and then a few days later disputing with the credit bureau. The idea behind it is to create a situation where the collector can't respond to the bureau's request without breaking the law and hopefully, making it so the bureau is simply has to delete the tradeline.

It works like this.

Once the collector gets your DV letter, they are forbidden to continue collection activities until they respond to the validation. Courts have time and again said that reporting to a bureau *is* collection activity since collectors use it as a tool to force payments out of consumers. Since the collector has to get verification from the original creditor and then forward the OC's response to you, this can give you a window to work with.

At the same time, the bureaus are required to ask the collector to verify the tradeline within 30 days of receipt of your dispute and if they get no response, they must delete it.

The hope is that once the DV lands in the collector's hands that their response will cross with the bureau's attempt to verify. If the collector responds to the bureau without first getting the validation from the OC and sending it to you, they broke the law by continuing collection activity and you can claim a $1000 offset against them. If they don't respond to the bureau, the bureau has to remove it and cannot put it back in unless the collector provides some proof that the tradeline is correct.

Now all this is in a perfect world where they all obey the laws. Sometimes it works; sometimes not. But when it doesn't work, it is usually because someone broke the law and opened up a $1000 claim in your favor.

Thanks for that...it makes sense. So in my case as I have already disputed with CRA's should I now immediately DV the CA's or wait till CRA dispute is complete the DV hoping the information they provide to the CRA in answer to the dispute will not be the same in DV to me....that too would be a violation correct...

The Aussie

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Thanks for that...it makes sense. So in my case as I have already disputed with CRA's should I now immediately DV the CA's or wait till CRA dispute is complete the DV hoping the information they provide to the CRA in answer to the dispute will not be the same in DV to me....that too would be a violation correct...

The Aussie

Wait until the CRA dispute is complete.

1. DV the Collection Agencies. Depending on how many CA's you have reporting, you may want to break them down into groups. DV'ing group one now, group two later and etc.

2. When you get the green cards back from Collection Agencies.....dispute those CA tradelines to the CRA.

Watch your report, the CA's must mark the account in dispute.

Good Luck

Plaudit

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At the same time, the bureaus are required to ask the collector to verify the tradeline within 30 days of receipt of your dispute and if they get no response, they must delete it.

I believe the CRAs are allowed 45 days for an investigation, if you had requested your Free Annual Credit Report.

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I believe the CRAs are allowed 45 days for an investigation, if you had requested your Free Annual Credit Report.

The 45 day issue is covered in another thread. The fact is, the CRA has no real way to determine if your dispute resulted from a free annual report or not. If they just assume they get 45 days, you can bust em up on that basis.

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Question about defining the window?

Based on that GREAT post by Methuss, I came up with the following outline to help understand where I should define my window and am still a little confused?

Premise of the 1-2 Punch!

The 1-2 punch is sending a DV (debt 'validation') letter to the collector and then a few days later disputing the item(s) with the credit bureau(s). The idea behind the 1-2 punch is to create a situation where the collector can't respond to the bureau's request without breaking the law and hopefully, making it so the bureau simply has to delete the tradeline.

Action:

  1. Punch > collector
  2. Punch > bureau (a few days later)

Behind the Action:

The bureau is required to ask the collector to respond with 'verification' of debt, which; the collector can't do yet because of thier own requirement to get 'validation' from OC and send it to you first.

IF: The bureau can't 'verify' the debt with the collector within 30/45 days, THEN; they delete.

IF: The collector violates the law by responding to the bureau 'before' they respond to you with the results of thier 'validation' (collection activity), THEN; you can claim a $1000 offset against them.

Question: How long should you wait before sending punch #2?

Wait until the CRA dispute is complete.

1. DV the Collection Agencies. Depending on how many CA's you have reporting, you may want to break them down into groups. DV'ing group one now, group two later and etc.

2. When you get the green cards back from Collection Agencies.....dispute those CA tradelines to the CRA.

Watch your report, the CA's must mark the account in dispute.

Good Luck

Plaudit

Plaudit, Thanks for your post. I'm curious about your statement "Watch your report, the CA's must mark the account in dispute." .... Does it matter who has marked it? What do I do if it isn't marked?
The 45 day issue is covered in another thread. The fact is, the CRA has no real way to determine if your dispute resulted from a free annual report or not. If they just assume they get 45 days, you can bust em up on that basis.
Methuss, Thanks for your post. I did order from https://www.annualcreditreport.com/cra/index.jsp. Considering the 45 days you mentioned for the CRAs investigation, do you agree with Plaudit that you should send to CRAs immediately upon reciept of green cards from the CA's? What does your window look like? I'll put the window in a calendar graphic if we can really nail this down.

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just love those 2 year old threads, do we?

:p

That's how so...but not to worry. soon you'll get into the habit of reading the date to the last post before replying :p

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