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sent verification letter to OC... this is what i got??


pookie
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Good morning everybody!

Ok, here's my situation. I am disputing an OC tradeline with all 3 CRA's from Delta Employees Credit Union (DECU) as not belonging to me. All three CRA's verified that it was indeed mine, and that it has been sold to another lender. I sent a certified letter to DECU asking for verification documents that this account was actually mine. This is the response (verbatim) that I received:

"We received your dispute, and after researching, our records, your signature card, and your previous disputes with the credit bureaus, show the same social security number.

You opened a savings account with us on 12/05/2000 which was closed, and a Visa on 05/22/2001. We have sold this account to Sinecure, and you may reach them at xxx-xxx-xxxx."

Just to be clear, it is NOT Sinecure reporting this on my credit report, it is DECU.

So my question is, is this adequate proof that the account is mine? I mean, the letter I sent asked for documentation, and if they searched their "records", shouldn't they have sent me a copy, which I requested? I think they are trying to bulls--t me here, but I'm not sure. Any responses would be greatly appreciated!

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Thanks for your response, secretagent.

Yes, unfortunately the account is mine... I was just trying to bust them on something :oops: ... I just didn't know if this was sufficient evidence or not.

Looks like I will have to try another tactic to get it deleted... :roll:

Thanks much!

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I cut and pasted this from a post from Divemedic. IMHO, he's one of the most knowledgable here. This is a question I've been asking for weeks, and this is the best answer I finally ended up with.

What they need to send you as validation is case dependent, but certain things are always required.

1 They must obtain the validation directly from the OC, not from their own files, or the files of a JDB.

2 It must be of a sufficient nature to establish that they have the correct debtor, and that they are collecting the correct amount.

3 If the amount being collected is different from the contracted amount, or different from what the OC claimed was owed, then they must show how the amount they are collecting was calculated.

What DON'T they need to send you?

This isn't Perry Mason or Matlock. The CA doesn't need to provide overwhelming amounts of evidence to validate the claim.

1 They don't need to send you every monthly statement from your credit card that you had for 10 years. The last few should be enough.

2 They don't always need signed contracts, unless the debt was created by the contract itself. Cell phone early termination fees, or car loans would need them, credit cards and power bills would not, to give some examples.

To answer your question, what they sent might be enough. Did the information they sent come from the OC? For example an affidavit from the OC (not a JDB) or was it account statements from the OC? Those would be considered validation.

What is not validation? A letter saying this is who you owe, the OC is XXX, and this is your name. That proves nothing. Same goes for an affidavit from the JDB or CA.

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What they need to send you as validation is case dependent, but certain things are always required.

Yes, but the OP did not (& should not) DV the OC. He/She disputed directly w/ the OC, which is different than DV. As SecretAgentWoman said, DECU gave sufficient verification. They responded w/in 30 days and informed the OP that the SS# used to open a savings account and a Visa card match. The letter also advised the OP to contact the new owner since the debt was sold. DECU investigated and summarized the results in a letter. The FCRA doesn't state that the furnisher has to forward documents to you. Now, you can ask but do know that they don't have to give them to you. If this truly was not your account (which it is), then you would need to take the additional steps to file an identity theft claim.

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What DON'T they need to send you?

This isn't Perry Mason or Matlock. The CA doesn't need to provide overwhelming amounts of evidence to validate the claim.

1 They don't need to send you every monthly statement from your credit card that you had for 10 years. The last few should be enough.QUOTE]

Didn't Spears V. Brennan establish that a complete accounting history was required? Couldn't that construed as from the day 1 the account was open to the charge off?

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No. First, Spears is an INDIANA state case. It is not precedent anywhere except in Indiana. Even so, the Spears case centered around 4 points:

1 Charging of Attorney and collection fees.

2 The 1692g notice.

3 The 30 day validation period.

The 4th point was that the CA only produced the original contract on an installment contract, and did not show how the balance being collected was calculated. The last several statements of a CC would meet that definition, as long as the amount being collected matched what the statements say.

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Yes, but the OP did not (& should not) DV the OC. He/She disputed directly w/ the OC, which is different than DV. As SecretAgentWoman said, DECU gave sufficient verification. They responded w/in 30 days and informed the OP that the SS# used to open a savings account and a Visa card match. The letter also advised the OP to contact the new owner since the debt was sold. DECU investigated and summarized the results in a letter. The FCRA doesn't state that the furnisher has to forward documents to you. Now, you can ask but do know that they don't have to give them to you. If this truly was not your account (which it is), then you would need to take the additional steps to file an identity theft claim.

Sorry, I didn't catch the difference. I was just so excited to finally get an answer to how much validation was required. So the OC doesn't have to send anything? Just say the Soc. Sec. # match? Seems like they could take advantage if that was it?

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