1-2 Punch

[CaliStar]

hi everybody , another question about 1-2 punches,i've read the other posts about this subject but am still confused .I sent a DV to the CA , have not recieved a response from them, however I disputed this with Experian and it came back verified. So... Now I would have to DV the CA again ? what kind of letter do I send them ? do I send a letter to Experian as well ? This was also untimely as I just noticed it on my credit report. Do I just continue to send them letters? any suggestions? thank you,

[luckyjaytx]

Check your state statutes. From what i hear you can DV at any time in Cali. But dont quote me. Do a google search for California State Statues and see what comes up. If you get to the gov site look around for something that says "financial code"

[NewLife4Me]

I'm in the same predictiment.. Seems like none can answer the question..strange

[prettykitty]

1) Has the CA responded to you FIRST with proper validation then verified with the cra's?

2) Has the CA ONLY verified with the CRA (as you mentioned)? 3) Has the CA provided you with ANY proper validation?

4) Did you dispute the tl first with the CRA's?

1-2 punch info. i've gotten from the threads, i didn't understand it at first either, but it WORKS!

The FDCPA (Fair Debt Collection Practices Act) states that if a consumer (you) demands validation of a debt within 30 days of the first communication from the collector,

the collector must STOP all collection activity until such validation is sent.

That means until the collector sends you validation, they cannot call you, write you or report to the CRA's.

SO.... after the CA has received your validation letter, confirmed by CMRRR ( certified mail, return recipt requested)

You send a dispute regarding that tradeline to the CRA's.

The CRA's are under a 30-day deadline to verify the account.

But remember that the Collector cannot respond to the CRA's request for verification until AFTER they validate to you.

tick tick tick ......

Often that 30-days passes without validation being sent.

-- meaning the Collector could not legally respond to the CRA- forcing the CRA to delete the account for "no response".

The "catch" is, the validation demand must be sent to the collector within 30 days of the first time they contact you.

However, there are more than a few that have had success even after that 30-day window has passed.

Doesn't work with OC's, as they are not bound by the FDCPA, or it's requirement to cease collections.

Part II of this- is the requirement to mark the account as "disputed" if it already exists on your report.

If the CA has already reported the collection, and you demand validation, the CA is required to inform the CRA of the dispute.

Usually, the CA doesn't' bother, giving you another violation for later use.

So-

Within 30 days of the initial contact, you send the collector a validation demand.

When they receive it, you send the CRA a dispute for that account.

Either the CA follows the law, and does not reply to the CRA- forcing deletion,

or

the CA verifies to the CRA, giving you violation #1.

They don't mark the account as "disputed"- violation #2.

If the CA does provide you with proper validation, they can then respond to the CRA's verification request without violation.

But remember, they have that 30-day clock ticking.

[prettykitty]

op:hi everybody , another question about 1-2 punches,i've read the other posts about this subject but am still confused .I sent a DV to the CA , have not received a response from them, however I disputed this with Experian and it came back verified. So... Now I would have to DV the CA again ? what kind of letter do I send them ? do I send a letter to Experian as well?

from Dive's Primer (search for this it's good)

There is no time limit for the CA to reply to your letter. They can simply do nothing, and are not in violation. That is why requesting reinvestigation through the CRA is important. It forces the CA to either violate by re-reporting an invalid tradeline, or allow deletion. Get more copies of at least one report that has been re-reported and save it.

I've actually sent reinvestigation ltrs (assuming u first dispute with the CRA), and dispute ltrs for same tl. my initial letters just say i dispute, my next ltrs i just switch up what i'm disputing on. i.e. not mine, i'll say invalid rpt'g dates, incorrect loan amount, etc. (search the threads for more dispute techniques)

This information is inaccurate because:

¨ This is not my account ¨ I have never paid late¨ This account is in bankruptcy¨ This account is closed¨ I have paid this account in full¨ I paid this before it went to collection or before it was charged off-Reinserted Trade Line Incorrect File Date-Incorrect Assets-Incorrect Liabilities-Incorrect Status Date-Incorrect Status-Obsolete

FICO EQ 12/05/07 540 12/16/07 557

all this info. i've gotten a short time ago from the threads, thanks thread publishers u guys r the best!