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Anybody out there....explain 1681 2(b)


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I need to make an decision today whether to DV or not....I posted a question on late dving, sol on dving and 1692 g©.........however......i have a new question and I didn't want it attached to an OLD post's title!!?!?!?? Sorry!

At this point, I don't want to DV, have the CA call my bluff and then it's..."Well, your honor you see, it's like this"...if ya know what I mean..I want to avoid the whole court scenario......HOWEVER, I just might DV...if it will help in disputing with the CRA's....1681 2(B).....if disputing with the CRA's is a whole seperate issue...please explain all the legal jargon.......in laymen's termonology...........and this "layperson"..................needs it in 3rd grade english!!!!! :rolleyes:

thanks

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It doesn't matter if they show the judge proof that you owe the debt after DVing and they verify to the CRAs. By then, they have violated the law themselves. To continue collecting (and it's been ruled that reporting to the CRAs is collecting) they have to show proof to YOU.

That's like saying "your honor, she stole my marijuana plants!" The fact you owed the money would be moot at that point, they are guilty of something themselves.

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So, then..even though I am 3 wks late in dving..I can still dv..(i know i can)...they can still conduct collection activity (within 30 days no activity...gotcha!).....HOWEVER.....even though I am over the 30 days...and even though they will continue their collection activity....they STILL have to prove to ME that it's my debt........

Which THEN helps me in disputing with the CRA's later...AND there's then a good chance that they'll have evidence hanging around from those marijuana plants?!?! OR, like divemedic said.......will have been given enough rope to hang themselves.....

Am I getting this yet?

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Sort of. First, the FDCPA states that in response to a timely DV, the CA must cease collection activity until validation is sent. Reporting to the CRA is considered to be collection activity. Therefore, in response to a timely DV, the CA cannot report to the CRA. Many CA's claim that they already reported the TL, so if they do nothing, the TL remains. That is how the 1-2 punch works. You force them to either break the law or allow the delete.

However, the courts have also held that a DV that is not timely does not force the CA to cease collection. Therefore, in order to comply with the law, the CA merely has to ignore your DV, and they are in compliance. Since you waited the 30 days, the CA never has to respond to you. (In effect) They legally can continue to report and collect. Sure they eventually have to validate, but since there is no limit to how long they can take to do so, nor is there any restriction on their activities in the meantime, they will just not do it.

To get the CA on a violation, you have to adopt a different tactic. First off, send your DV. Even though the CA does not have to respond, they still might screw up and tell you something that is against the law, or that strengthens your argument later.

Next, dispute with the CRA. To understand what the legal responsibilities of the CA are, read below. When the TL comes back verified, (and it will) you compare everything that you can prove about the debt to what was verified as being "complete and accurate" by the CA when they responded to the CRA in regards to your dispute. If any of it is contradictory, incomplete, or inaccurate, you have them on FCRA violations.

(B) Duties of furnishers of information upon notice of dispute.

(1) In general. After receiving notice pursuant to section 611(a)(2) [§ 1681i] of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall

(A) conduct an investigation with respect to the disputed information;

(B) review all relevant information provided by the consumer reporting agency pursuant to section 611(a)(2) [§ 1681i];

© report the results of the investigation to the consumer reporting agency;

(D) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis; and

(E) if an item of information disputed by a consumer is found to be inaccurate or incomplete or cannot be verified after any reinvestigation under paragraph (1), for purposes of reporting to a consumer reporting agency only, as appropriate, based on the results of the reinvestigation promptly--

(i) modify that item of information;

(ii) delete that item of information; or

(iii) permanently block the reporting of that item of information.

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