DV/Dispute Process Doesn't Appear to Work

[argento05]

I talked to an EQ rep today regarding how they do dispute/verification of a debt that I am saying is not mine.

I was told that hen they receive a dispute, they send a letter off to the OC or CA requesting verification. The OC/CA sends back a 3-4 digit code by computer that says "Verified - This is this persons account." End of investigation.

I have followed the 1-2 ounch flow chart with no results because the OC/CA doesn't respond to the DV request and the CRA doesn't do an investigation. The facts are these:

1. Have an account that is not mine on one of my CR's.

2. Past SOL

3. Past 30 window for requesting DV

4. Followed Flow Chart and filed disputes with CRA

5. Sent DV letters with no response from CA

6. CRA says there is nothing that they can do.

Any suggestions or responses will be greatly appreciated.

TIA

[stancil1]

Oh, it works ! Basically what you have to realize is that this takes time, time being the key word. What your doing is setting up for a law suit, and then once you've aquired more than enough intel, you go for the neck. Do a search then click on advanced search, query by name and read some of divemedics law suit threads. That should give you a more realistic view of the overall system, not just the 1-2 punch. I've found that the biggest things in dealing with OC, CA, CRAs etc is all in posturing or the way you set yourself up in their eyes. If they presume you to be a smart a_ _ that's how they'll treat you, however, if they see you as extremely well informed and knowledgible of your rights and protection granted by the FCRA and FDCPA, they'll back down because 99% of them are all cowards that prey on the publics ingnorance of the law.

Main things to determine: Did the CA verify before validating the debt with you? If so, Violation. Did the CA mark the TL as in dispute by subscriber ? If not, Violation. Is the TL identical on all 3 CRA's after verification? If not, Violation. etc

[Yawo64]

Oh, it works ! Main things to determine: Did the CA verify before validating the debt with you? If so, Violation. Did the CA mark the TL as in dispute by subscriber ? If not, Violation. Is the TL identical on all 3 CRA's after verification? If not, Violation. etc

This is interesting....

how do you document these violations ....for example, I DV'd a CA, and disputed at the same time with the CRA. I realized that the item is not marked as disputed by the CA/CRA...so how do you document this violation.....print a dated copy of the credit report ?

/Y

[stancil1]

yes exactly, but don't make the mistake of mentioning this violation to the CA, just mention, if you have to, that there are violations in general and only to the CRA. Sooner or later, you may have to subpena the CRA for records and they will have to give you what they have. Personal credit reports aren't really admissible evidence anyway. You'll need the intel from the CRA. If you every lead on to the CA that they are in specific violation, up front, you'll be giving up your offensive position and they'll most likely try to correct it anyway so just keep that info to yourself for future use.

[divemedic]

Read my primer. There are CA's that flaunt the law- study, learn, and then sue them. You have a year.

[kevin3344]

Have an account that is not mine on one of my CR's.

DV definitely works; I can attest to that. However, it is not the only tool in the tool chest...in the case where something isn't yours, get the BBB or AG involved. I've also gotten a CO removed by contacting the BBB, and I've currently referred a CA to the AG. The AG sent them a letter and copied me; they have 10 days to respond.

They might ignore you but I assure you they won't ignore the AG

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Edited September 9, 2011 by kevin3344

[wzelewsky]

yes exactly, but don't make the mistake of mentioning this violation to the CA, just mention, if you have to, that there are violations in general and only to the CRA. Sooner or later, you may have to subpena the CRA for records and they will have to give you what they have. Personal credit reports aren't really admissible evidence anyway. You'll need the intel from the CRA. If you every lead on to the CA that they are in specific violation, up front, you'll be giving up your offensive position and they'll most likely try to correct it anyway so just keep that info to yourself for future use.

Doe sthis work for CAs that are more than 30 days old?

[kevin3344]

Yes, in fact I have DV'd years after most CAs were on my reports. I didn't have a choice. I didn't find this board until 2 years ago lol. Until then I had no idea what a DV even was. For most, I was living in another state at the time so I didn't even have the original letters when I relocated.

Keep in mind though, it won't stop them from continuing collection activity (that's only within the 30 days) and some will flat out ignore you. However, for the stubborn ones the old adage 'the squeaky wheel gets the grease' usually holds true.

To date I have never paid a CA, and DVs have worked 90% of the time.

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Edited September 9, 2011 by kevin3344

[serenity06]

Kevin,

Can you please help me because I had one company that sent me an itemize bill? Is that considered as being a validation?

[sjokinley]

No, a statement printed on their letterhead is not considered validation. I copy and pasted this from a post from Divemedic:

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.

Hope this helps.

[kevin3344]

For the most part I have not argued when a company has sent validation lol. Either it was a copy of statements or the original contract. Bottom line was I knew it was mine. I simply wanted to establish when the last payment was made so I could use the SOL in my defense. Usually I just sent a C&D after that, in another case the CA wasn't licensed in my state so they removed (?) and sold it to another CA. However, I DV'd and they never responded. For stubborn ones I got the BBB involvded.

Until recently it had been years since a CA called me. Actually I was happy to hear from a new CA regarding this particular debt because the original CA never validated, so I immediately requested it. I got like 20 pages of original copies...all from 1998 or so. Next year it will be 10 years so of course it's way over SOL for NC, which is 3. I sent them a letter that said 'reporting time is up AND SOL is up'. I'm still waiting on their next move.

serenity, it depends on how old the debt is as to your next course of action.

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Edited September 9, 2011 by kevin3344

[stancil1]

Even CA's that validate properly need to be handled carefully. CAs, OCs and CRAs make lots of mistakes. These mistakes are what you are looking for. You need to document as many as possible because mistakes = violations.

[wzelewsky]

For the most part I have not argued when a company has sent validation lol. Either it was a copy of statements or the original contract. Bottom line was I knew it was mine. I simply wanted to establish when the last payment was made so I could use the SOL in my defense. Usually I just sent a C&D after that, in another case the CA wasn't licensed in my state so they removed (?) and sold it to another CA. However, I DV'd and they never responded. For stubborn ones I got the BBB involvded.

Until recently it had been years since a CA called me. Actually I was happy to hear from a new CA regarding this particular debt because the original CA never validated, so I immediately requested it. I got like 20 pages of original copies...all from 1998 or so. Next year it will be 10 years so of course it's way over SOL for NC, which is 3. I sent them a letter that said 'reporting time is up AND SOL is up'. I'm still waiting on their next move.

serenity, it depends on how old the debt is as to your next course of action.

So how do you find out if the CA is licensed in your state. The last thing I received doesnt say that can collect from Colorado. Where would I find out?

[stancil1]

You can start here http://www.ago.state.co.us/cadc/cadcmain.cfm

[wzelewsky]

You can start here http://www.ago.state.co.us/cadc/cadcmain.cfm

I looked on the site and am unsure were I am suppose to be looking to see if OSI Recovery Solutions Inc. Is able to collect in Colorado. Can someone point me to the place on the above PLEASE

[kevin3344]

So how do you find out if the CA is licensed in your state.

Keep in mind I have never inquired as to whether a CA was licensed here in NC or not. I'm sure there's a site somewhere that I can look it up, but that's not my problem. It's up to THEM to prove it to YOU. Just place it in your DV. For example, something like:

- send me validation of this debt including original copies of statements

- send me proof this debt is within SOL

- send me proof you are licensed to collect in this state

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Edited September 9, 2011 by kevin3344