Frivolous???

[jrbauto1]

Hello everyone, I have applied card bank showing on my ex and eq cr's. I have asked for debt validation and have asked that they send me the records they may have on the alledged account. They have verified with the cr's and have not sent me any info.

Today I get a letter from them stating that I might be working with a crdit repair agency and they have deemed my request "frivolous". The letter also states that if I am paying any money to this credit repair agency "it would benefit you more to work with us to find a better solution.":twisted:

I am not sure where to go with this account. It is past the sol and they will not go away.

I would like your thoughts and ideas on this problem....

Thanks!

[Ruby]

WOW!!!!! Send a DV to each of the CRA's. They will make sure that Applied Card updates everything accurately. I had Applied Card reporting me and got them deleted when I first started. If they don't show the proof they are in violation. Save everything now. SUE LATER

[jrbauto1]

I got them removed from my TU report. I was pretty shocked my self on their response. I asked for the paper work under the facta and basically they are refusing.

I was wondering what is the best course of action....

[brokeinok]

Are you working with a credit repair company? And if you are, I can't see that they absolves them from their responsibilities regarding the FDCPA.

If it's off your CR then just ignore them.

[jrbauto1]

It is off my TU report, It is still showing on my EQ and EX.

I am not working with a credit repair agency; I am with you, even if I was what does that have to do with them not following the law..

I was wanting some input on the best steps to take to get them gone.

I believe they have no records and that is why I have received that response from them.

[Ruby]

Are you working with a credit repair company? And if you are, I can't see that they absolves them from their responsibilities regarding the FDCPA.

If it's off your CR then just ignore them.

AMEN!

[brokeinok]

Reading back through the FDCPA, the "frivolous" thing has to do with repeated disputes with the CRA or the OC, not the collection agency. Validating your debt to you is not frivolous, it's the law. If they are still reporting, if you sent your dv's CMRRR, then dispute once again with the CRA and wait your 30 days, at the same time do an AG and BBB complaint on them for their violations. After all that is done if they still verify with the CRA then send them an ITS letter.

[jrbauto1]

I have sent the dv and also the request for records cmrrr. I have the green cards. I will follow your advice and file complaints with the BBB and the AG.

They basically have admited they have no records.

I was shocked at their response.

[divemedic]

You do not send DV to the OC or to the CRA. That is why you got the letter you got.

[elyse449]

Did you follow the steps indicated here on disputing? I.E. Disputing w/ the CA/JDB and THAN with the CRA's? And OC's don't have to follow FCRA junk like the CA's do. That's why you can't go about disputing w/ them the same way as indicated here.

Well, at any rate-they have the right to report negatively on your credit for 7 yrs +180 days.

Did you receive a dunning letter and are now attempting to request validation or are you just doing it because it's reporting on your credit file? Did you not dispute this debt w/in the 30 day period after receiving notice?

Elyse

[imdoingitright]

WOW!!!!! Send a DV to each of the CRA's. They will make sure that Applied Card updates everything accurately. I had Applied Card reporting me and got them deleted when I first started. If they don't show the proof they are in violation. Save everything now. SUE LATER

DV's don't go to the CRA they go to the ca. CRA do not have to validate a debt.

[Amerikaner83]

Besides - does an untimely DV even have to be answered in FL?

[Ruby]

You do not send DV to the OC or to the CRA.

I'm a little confused here? I thought that you can send a DV letter to the CRA's. The CRA's then notify the CA's and make them verfy the info. Thats what i've been doing and it's been working. I see the CRA's as the middle men of everything. Not that I know more than Divemedics, he's got way more knowledge than I do. Besides, don't the CRA's have a online dispute process? (which i heard is no good to use)

[bigjohnstud4200]

I'm a little confused here? I thought that you can send a DV letter to the CRA's. The CRA's then notify the CA's and make them verfy the info. Thats what i've been doing and it's been working. I see the CRA's as the middle men of everything. Not that I know more than Divemedics, he's got way more knowledge than I do. Besides, don't the CRA's have a online dispute process? (which i heard is no good to use)

What you are sending to the CRA's is a DISPUTE letter, not a DV (debt validate). A debt validate only goes to the CA. The first 5 post were heading towards a chain wreck of mis-information.

I'm a little lost, but who is telling you frivolous, the CRA or the OC? If the OC is, then it's b/c you are not sending the right request to them.

[razr]

Hello everyone, I have applied card bank....

Thanks!

Got the same letter, sent them a follow up ITS letter- which they ignored. Next comes complaints to the BBB, AGs and ultimately a lawsuit.

-r

[razr]

I'm a little lost, but who is telling you frivolous, the CRA or the OC? If the OC is, then it's b/c you are not sending the right request to them.

For me; Applied Card Bank verified with the CRA. I wrote a letter to them asking them to supply information/investigate pursuant to the FCRA. They replied with the form letter the OP posted.

-r

[Ruby]

What you are sending to the CRA's is a DISPUTE letter, not a DV (debt validate). A debt validate only goes to the CA. The first 5 post were heading towards a chain wreck of mis-information.

Lesson Learned! thanks for clearing that up John

[bigjohnstud4200]

For me; Applied Card Bank verified with the CRA. I wrote a letter to them asking them to supply information/investigate pursuant to the FCRA. They replied with the form letter the OP posted.

-r

(D) Submitting a notice of dispute- A consumer who seeks to dispute the

accuracy of information shall provide a dispute notice directly to such

person at the address specified by the person for such notices that--

(i) identifies the specific information that is being disputed;

(ii) explains the basis for the dispute; and

(iii) includes all supporting documentation required by the furnisher to substantiate the basis of the dispute.

(E) Duty of person after receiving notice of dispute. After receiving a notice of dispute from a consumer pursuant to subparagraph (D), the person that

provided the information in dispute to a consumer reporting agency shall--

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

(ii) review all relevant information provided by the consumer with the notice;

(iii) complete such person's investigation of the dispute and report the

results of the investigation to the consumer before the expiration of the

period under section 611(a)(1) within which a consumer reporting

agency would be required to complete its action if the consumer had

elected to dispute the information under that section; and

(iv) if the investigation finds that the information reported was inaccurate,

promptly notify each consumer reporting agency to which the person

furnished the inaccurate information of that determination and provide

to the agency any correction to that information that is necessary to

make the information provided by the person accurate.

If you followed this procedure then they have no right to claim a frivolous dispute. Was there any other communications with the DF before your request was made for information?

[jrbauto1]

Sorry for the late reply. Let me clarify. I disputed Applied Card Bank (ACB) on all three cr's. It was deleted from TU. EQ and EX have verified. I had no knowledge of this account. It appears to be 6yr's old.

I received a computer printout from ACB. I told them that I needed something with my signature on it and the next letter said that they have deemed my request frivolous.

I have filled complaints with the following agencies

AG of Florida

AG of Delaware

FTC

BBB of Delaware

OCC(these people regulate the banks and have a consumer complaint dept.)

I was trying to obtain from the OC any paperwork they may have on me under the FACTA.

I will keep you guys posted on my progress, Thanks for all the help.

[jrbauto1]

I almost forgot, as for their claim that my request are frivolous. They only applied the part of the law that they liked.

They did not tell me how or why they made this determanation and also they did not tell me how I could proceed to get this matter investigated. These two components are also part of the law they are trying to quote.

Thanks to all..

[divemedic]

They are correct. ACB is the OC, correct?

1 You disputed, they sent you the results of the investigation.

2 You disputed again, demanding a signature. They do not have to provide one under the FCRA. They don't have to give you anything other than the RESULTS of the investigation. Read:

(iii) complete such person's investigation of the dispute and report the results of the investigation to the consumer

3 Since there is no private right of action under the section of the FCRA that specifies disputes from consumers with debt furnishers, there is nothing you can do about it.

[razr]

If you followed this procedure then they have no right to claim a frivolous dispute. Was there any other communications with the DF before your request was made for information?

They already conducted an investigation and reported to the CRA. So yeah, they can claim my request was frivolous. However, they are going to have to go to court to prove their case on Oct 8th...

-r

[jrbauto1]

I read that if they determined your dispute was frivolous they also had to tell you how they came up with that determination and also what action you could take (ie: send in new info) to get them to investigate.

FACT ACT:

Note however that reinvestigation responsibility will not be initiated by a notice that comes from a credit repair organization, and that credit furnishers need not respond to "frivolous" disputes. If they do determine your dispute to be "frivolous," they must notify you within 5 business days, tell you why they consider your dispute frivolous, and also tell you what information you must provide to convert the dispute into one that will start a reinvestigation

[divemedic]

While that is correct, remember that the applicable law here is 623(a), for which there is no private right of action

[jrbauto1]

My current course of action has been to file complaints with the agencies I mentioned earlier post. Beyond that we will see what develops. I will keep you guys posted.