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The best stratagey for untimely DV


phyregold
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What is the best stratagey for untimely DV. Hopefully ill get enough posts to turn this into a sticky so this question isnt answered no more.

Hey Phyregold - there are tons of threads on this topic in the Collections area of the forums. :)

For me, all of my DV's and OC investigations have been untimely. VERY untimely, considering that I pulled my CR's after my BK was discharged. How old is your debt? I think your answer to that will get various responses from various people.

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I did, and most replies about the 1-2 says its usless for a untimely because they do not have to respond to you.

LOL.. who told you that? If you dispute with the CRA's and they verify the account, they have an OBLIGATION to respond to a dispute if you follow the FCRA. You musts:

(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.

(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;

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I'm the one being quoted here...let me see if I can defend my stance and thinking.

This is my understanding:

  • A CA does NOT have to cease collection activity if an untimely DV is received
  • a CA only has to stop collection activity (until validation is provided) if DV'ed within the initial 30 days

Bigjohn, am I reading things wrong?

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This is my understanding:

  • A CA does NOT have to cease collection activity if an untimely DV is received
  • a CA only has to stop collection activity (until validation is provided) if DV'ed within the initial 30 days

You are correct as stipulated by the FDCPA. However, BJS is talking about the Fair Credit Reporting Act, not the FDCPA.

-r

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Sorry Amerkanier83 i was insunating you were wrong just looking for the best help in the situation. Thanks BJS i understand where your coming from even though they are following the FDCPA they are in violate on the FCRA.

But after DVing them twice is this really enough leverage to get it deleted? With just two violations. Whats the next logical step to grasps more control over the situation.

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Well lets say i want to get them to verify incomplete or inaccurate information.

If I can't get the CA to respond to my DV. And the OC tells me that all comminication hast to be done threw the CA. How am I suspose to be able to get the information to verify whats on my credit report for myself?

Also, what about maybe making a phone call to them and getting them to violate on one of the common violations and then pushing it to the AG?

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OK, I do not get collection letters. One day I pull my credit becuase I buy a house. I see 5 collections on my credit report. "I never recieved a collection letter"

If I send a demand for validation to the CA and send a dispute to the CRA, the CA verifys with the CRA but does not send me anything to validate the debt. I am under the impression this is still a violation.

I have read some threads that state the Ca does not have to validate, but if they do not validate they must remove the item off the credit report and can not attempt to collect by any means until they validate the debt. Is this correct?

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I agree with the 1-2 punch, it's the only way to squash the VoD workaround they all use. Uhemm..they will verify with the CRA's now validate!

Now start talking on the phone with the CA as the aka "village idiot"; the FDCPA violations will flow like the lava from Mauna Kea. Record it all..the CA knows better or should.

It may not seem fair, however, I don't believe in fair fights. If you can find a stick/weapon use it.

Just my .02 cents

Cheers

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Okay i found this thread is the object is already paid!!

http://consumers.creditnet.com/Discussions/credit-talk/t-victory-dance-and-question-25982.html#post182001

I am hoping to get some more posts on this thread because i think 95% of the credit repair that most people get on this forum are well past thier initial 30 days.

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i think 95% of the credit repair that most people get on this forum are well past thier initial 30 days.

Yep, I know all of mine are! I see a lot of information about sending DV letters in response to dunning letters, but am at more of a loss for all of mine that are WAY past the 30 days...

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Dispute both with the same letter?

no, for the CRA's, just put it like this:

scumbag ca

acct# of scumbag ca

this is not my account and I want it deleted.

for the CA:

search for sample DV letters, but don't use them word for word. something like, I do not believe this account is mine and I am disputing it... etc etc etc.

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Hey BJS your completly right.

But give me your opinion on this.

when you DV do not include a cease and desist clause. but instead after they recieve the final of the 2 dv's call them and record the conversation. Then report that to the proper people.

then send them a ceist and decist. wouldnt that be a more of a 1-2-3?

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