Will this really work?

[mwally007]

Ok, so I DV'ed my JDB for the second time last week. No response either time.

I also sent out a letter asking the credit unions to reinvestigate. The collector is Performance Capital Management.

From my understanding, and talking to a number of lawyers, there is absolutely NOTHING that says a they have to respond to a DV. There seems to be an illusion that they need to respond within 30 days, but there is no case precedent or law that says that. Nowhere. The only thing I found is that if they don't validate, they can't continue collection activities. It is very vague whether or not reporting to the CRA's is a collection activity.

From what I understand, most JDB's are on to us and they simply aren't responding anymore. The only thing to do is file a lawsuit, but I've heard that some collection agencies are filing a countersuit for filing frivolous lawsuit.

I'm torn. I feel stuck, like my only option is to file a suit. That none of this is working... am I the only one?

Has anyone else ever filed a lawsuit? Will the JDB usually cave and just delete the information?

[hiblues]

You are right.

They don't HAVE to respond within 30 days.

Only the CRA is required, by law, to respond within 30 days.

I think the 30 day "limit" you are thinking of is the time YOU have to

ask the CA for DV from the FIRST letter you receive from them, if you do that

then they must cease collection activity.

per/

FDCPA

http://www.creditinfocenter.com/legal/FDCPA.shtml#809

look at (

If you DV (or more properly named "dispute"when done after the 30 day period)

your debt with the CA (or even the OC) after the 30 day period,

they are obligated by law to report to the CRA accurate information

(they should report to the CRA "disputed" when asked)

they can still continue on with collection activity.

So, if you have first challenged, disputed, or DV'd, your debt with the CA or OC,

(at any time during the debt),

Then shorthly thereafter you dispute info with the CRA.

The CA and OC must report your debt as "disputed"

if they report your debt as "verified", then that is a violation of FCRA 623(a)(3)

They MUST report to the CRA as disputed until they verify the debt with you.

per/

http://www.creditinfocenter.com/legal/FCRA.shtml#623

Read Primer for all the details..

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=263069

[mwally007]

Ok, so I would be correct in saying that if I request validation twice and they simply report the account as 'disputed' then that's all that's going to be done?

Now, since I complained to the CRA, they will have to remove it or verify it. If they verify it, they are in violation... correct? If they do nothing the CRA deletes the file?

[hiblues]

...if I request validation twice and they simply report the account as 'disputed' then that's all that's going to be done?

If you sent a letter to the CA disputing the

accuracy of the account, then the CA must report it as "disputed" to the CRA, if they do that - NO violation. ( that's bad 4 u)

however,

if they report to the CRA as "verified" then that is a

potential violation of FCRA 623(a)(3)

Now, since I complained to the CRA, they will have to remove it or verify it. If they verify it, they are in violation... correct? If they do nothing the CRA deletes the file?

They will remove it only if the CA does not respond to the "challenge".

The CA can do 4 things:

1. report as "verified" - stays on your CR - and possible violation

2. report as "disputed" - stays on your CR - no violation

3. not respond within 30 days - gets removed from your CR

4. respond after 30 days - gets put back on your CR- but you have to be notified ( or violation) and you would want to see how they respond, "verfied" or "dispued"

There's a little more to it but that's the basics...

[mwally007]

If you sent a letter to the CA disputing the

accuracy of the account, then the CA must report it as "disputed" to the CRA, if they do that - NO violation. ( that's bad 4 u)

however,

if they report to the CRA as "verified" then that is a

potential violation of FCRA 623(a)(3)

They will remove it only if the CA does not respond to the "challenge".

The CA can do 4 things:

1. report as "verified" - stays on your CR - and possible violation

2. report as "disputed" - stays on your CR - no violation

3. not respond within 30 days - gets removed from your CR

4. respond after 30 days - gets put back on your CR- but you have to be notified ( or violation) and you would want to see how they respond, "verfied" or "dispued"

There's a little more to it but that's the basics...

So, all that ever needs to be done for a CA to keep the record on my account and keep collecting is report it as 'disputed'. There is NO way for me to get proof of this being my bill, let alone demand it.

This really stinks...