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hmmm. CA already sending response?


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Hi. After reading here for a while I finally braved up, and sent out DV's on the 4th. This one CA (Credit One) rec'd theirs on the 6th. Today I get a notice that I have a letter waiting for me from them. Anyone have any guesses as to what this most likely is so soon? Sorry, but in my case curiosity is killing the cat. lol. thank you all for the knowledge! GOD BLESS!

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To dacsmommy,

What is somewhat missing is how you received---Today I get a notice that I have a letter waiting for me from them.

I can either guess email or by phone or could be wrong. So I assume you must wait until you get a formal notice in writing from the CA, credit one, by snail mail.

What you get in writing is more critical.

The two main possibilities are.

1. You will just get a restatement of what they originally sent you. A printoff from the CA's own records naming the OC and amount they allegedly say you owe. Basically enough to meet Federal minimum requirements for debt validation but not enough to stand up in court. Your CMRRR letter bought you the record they received your DV within the 30 day window and little else. And having met the Federal minimum, the CA can can resume collection activity. And lucky you, you can then send the CA another CMRRR letter saying what they sent does not remotely resemble proper debt validation which requires linking to the OC. And then you can start disputing with the CRA's with a one two punch. Sadly the CRA's will tend to believe the CA so its an uphill struggle where they gamble you will not take them to court.

2. Or worse for you, they show they can link to the OC meaning that what they have may stand up in court. And then you better have something to contest them with like out of SOL,

errors in computation, not your debt, or something similar.

Until you get that written response, there is little use in your speculation. They are counting on your fears to get you to pay. And your position should be a firm prove it because the burden of proof is on them. If they have the proof they will flaunt it, if they don't, they will simply bluff and puff, at least initially. Meanwhile they will camp out on your credit rating until you make them start to pay the campground fees. When I was unjustly welcomed as a new client of a JDBing CA, I kept up making those jerks pay the campground fees long after they waved the white flag of total surrender.

Until the laws change, its simply the way things work.

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hi the letter reads as follows:

Dear... (they still have my maiden name??)

This letter is in regards to your written dispute of the above referenced account. It is our policy to address all consumer disputes with the attention that they deserve.

In regards to your dispute we have done the following:

1: put your account in a dispute status in our system

2: Requested the documents to validate the debt from the appropriate

parties

Due to the age of the above noted account the documents validating the debt may have been archived. We have not yet had sufficient time to complete our investigation. We will endeavor to retrieve the documents as quickly as possible and upon receipt of the documents, we will forward a copy to you for your review.

Thank you for the opportunity to address your concerns about the above noted account.

Sincerely,

Credit One L.L.C.

Guess I'll just wait patiently for thos records huh? Thanks again!

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So basically they sent you a certified letter that said nothing.

What?

Are they hoping you will think that this is valid in some way and buy them some time?

To me, (and I am new and this could be a wrong assumption) it seems that this letter sent to the CRA with a letter from you stating that they have not

validated the debt would be enough for CRA to remove the debt permanently.

What do the more experienced people think?

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Hmm. Very strange. I'm wondering if someone in the mail room messed up.

Are they hoping you will think that this is valid in some way and buy them some time?

Time for what? Brush their teeth? Go to lunch?

To me, (and I am new and this could be a wrong assumption) it seems that this letter sent to the CRA with a letter from you stating that they have not

validated the debt would be enough for CRA to remove the debt permanently.

Two different things. Besides they did not say they could not validate. They said they have requested the archive from the OC. The FDCPA gives them an unlimited amount of time to validate.

This is just a guess at the underlying motivation. Right now the FTC is putting a lot of pressure on collection agencies to give better "customer service" and better complaint resolution.

For one minute, take off your "I hate CAs" hat and think about this. You sent a DV. They responded and said, "hey, we got it but it will take a while to get the docs from the OC. In the meantime we are doing this and this and this" -- all of which is precisely what is required by law.

That is exactly the type of responsiveness and candor all the credit warriors claim to want.

Maybe this particular CA is trying to do a better job. Or, they have some wicked plan to steal your children and cook them for dinner.

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It is my understanding, that if they cannot validate the debt, but are trying to, they cannot report it to the CRA's till they finish validating?

So, it has to be removed from the report till the debt is validated, right? Or am i misreading?

Wrong.

All the CA has to do is put the "disputed by consumer" Comment on the TL

To the OP this is a form of good communication from the CA they are telling you what they are doing.

Now if for any reason this goes to court it will look good for the CA that they were communicating with you.

The CA is also building the paper trail as well as you are.

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Hmm. Very strange. I'm wondering if someone in the mail room messed up.

Are they hoping you will think that this is valid in some way and buy them some time?

Time for what? Brush their teeth? Go to lunch?

To me, (and I am new and this could be a wrong assumption) it seems that this letter sent to the CRA with a letter from you stating that they have not

validated the debt would be enough for CRA to remove the debt permanently.

Two different things. Besides they did not say they could not validate. They said they have requested the archive from the OC. The FDCPA gives them an unlimited amount of time to validate.

This is just a guess at the underlying motivation. Right now the FTC is putting a lot of pressure on collection agencies to give better "customer service" and better complaint resolution.

For one minute, take off your "I hate CAs" hat and think about this. You sent a DV. They responded and said, "hey, we got it but it will take a while to get the docs from the OC. In the meantime we are doing this and this and this" -- all of which is precisely what is required by law.

That is exactly the type of responsiveness and candor all the credit warriors claim to want.

Maybe this particular CA is trying to do a better job. Or, they have some wicked plan to steal your children and cook them for dinner.

LOL

Hmmmmmmmm

Your response brings up a point in one of my situations then.

The OC has already sent me a letter saying they have sold the account (did not specify to whom) and that they no longer have any records of payments etc.

So, if in my case, the CA doesn't have the records and the OC no longer has the records how in the name of **** could anybody be verifying the debt let alone validating it????

On this case that I just mentioned, it is also past the SOL for my state and has 1 year and 8 months before falling off the credit reports.

What would you suggest I do?

Thanks

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The OC has already sent me a letter saying they have sold the account (did not specify to whom) and that they no longer have any records of payments etc.

So, if in my case, the CA doesn't have the records and the OC no longer has the records how in the name of **** could anybody be verifying the debt let alone validating it????

On this case that I just mentioned, it is also past the SOL for my state and has 1 year and 8 months before falling off the credit reports.

What would you suggest I do?

There are three answers to your questions.

The first answer is the ethical answer -- if you owe the money then you have some obligation to "do the right thing" and make a good faith effort to resolve this somehow. The punishment for failure to do so is way bad Karma.

The second answer is the pragmatic answer -- try to negotiate a pay for delete.

The third answer is the legal answer -- CRA disputes are verified based on the data in their computer files. If the OC says they no longer have records -- well, I am not exactly sure what that means (computer files, paper records, what?). For sure, key elements of the computer files have been provided to the party who past the debt and even paper media may have been transferred. So, the owner is "verifying" based on the contents of their computer file and perhaps images of the documents provided by the OC.

If you send a DV to the current owner, they are technically required to verify the data with the OC. If the OC has no records, then in theory they cannot meet the required test. Who knows what they will do? They might delete or they might verify. Most likely, they will just not respond at all. Since your DV is not timely, they have an unlimited amount of time in which to respond -- all they must do is mark your tradeline on the credit report as "disputed".

You can dispute the tradeline to the CRA. I am guessing you have done this already. If the CRA does not determine your dispute frivolous, their computer will talk to the computer at the data furnisher. Since the data in the CRA computer comes from the DF's computer, the probability the tradeline will be verified is high.

if you don't like the answer, all you can do if file a lawsuit. In that case, it will be your burden to prove a violation of FDCPA/FCRA. To do that you will have to conduct discovery and essentially force them to provide copies of all documents in their possession.

Now, every person has the right to exercise all their legal remedies. To me, this is a whole lotta work for a debt that is already time-barred and is so old that it is likely having only a minimal negative impact on your credit score. Your call.

There are no FDCPA/FCRA cops. About the closest is to write letters of complaint. Send complaint letters to the FTC, the BBB in the city where the DF is located, the AG of your state, the AG of their state, the Complaint Resolution Officer of the DF, the Complaint Resolution Officer of the ACA.

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Debt guy,

Very good and thorough answer.

Thank you.

Since I have already paid all the account that I owed ethically, so "karma" as you say should be fine, and the legal route is rather complicated and time consuming. I think I'll just wait until they fall off the reports by time.

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