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Disputed twice- EX verified 2x What to do now?


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I disputed Unifund and Asset online and Experian "updated" both TLs. Neither one shows account in dispute. I then followed up with a letter asking them to show how they verifed the TL, etc.

Yesterday, I got two seperate replies in the mail. One acknowledging the request and another with the results. Again, Experian says the creditor verified the TLs. It goes on to say that if I have any new info, to provide it to them.

I had previously DVd both JDB/CAs. Unifund sent a letter saying they were requesting the data. It has been 36 days since they received my DV request and no further communication from them. Asset sent their letterhead with the OC name, account # last transaction date and my personal data.

Questions-

1. Now that Experian verified the TLs twice, and did not provide any info on the verification process, what's next?

2. Should I send them another letter, and include the replies from Unifund and Asset?

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1) CRA's don't provide info, they simply report the results of your dispute. Either the data is verified and updated, or the entire item is suppressed.

2) The CRA's don't/can't accept documentation from consumers. They have their own channels, and contacts with their subscriber/clients, the Data Furnishers. They only parrot what the DF gives them. So your next step is to go back to the DF and request an investigation under the FCRA 1681s-2, Subsection 623(a)(8).

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1) CRA's don't provide info, they simply report the results of your dispute. Either the data is verified and updated, or the entire item is suppressed.

2) The CRA's don't/can't accept documentation from consumers. They have their own channels, and contacts with their subscriber/clients, the Data Furnishers. They only parrot what the DF gives them. So your next step is to go back to the DF and request an investigation under the FCRA 1681s-2, Subsection 623(a)(8).

I would have to disagree with you on both points Ahnt. Right now the CRAs have people believing that your points are true but in actuality they are not. It is just their way of skirting around the laws. Unfortunately, it's the CRA's ways of doing things that is making us having to get more forceful with each dispute.

1) Legally they must respond to a MOV which is a right under the FCRA section 611(a)(7) and they have 15 days to provide it. By not abiding by the MOV request, it is a violation. If you were dispute online, you pretty much lose right to a MOV. My TU report says specifically that we can send in a request for the MOV information also.

2) They tell you they can't but Yes they can. I just recently sent TU an almost half pound package outlining all the violations they did as well as being co-conspirators in violating my automatic stay on my BK. I sent them copies of everything they needed for the dispute and no more then told them exactly what I wanted done on my report and I would settle for nothing else. I just received the results of that dispute yesterday along with a 70 point hike in my Fico scores. They can't just dismiss anything you send them. Although I have heard many cases where they refused to receive documents or said right out they don't accept them is wrong.

§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]

(a) Reinvestigations of disputed information.

(2) Prompt notice of dispute to furnisher of information.

(A) In general. Before the expiration of the 5-business-day period beginning on the date on which a consumer reporting agency receives notice of a dispute from any consumer or reseller in accordance with paragraph (1), the agency shall provide notification of the dispute to any person who provided any item of information in dispute, at the address and in the manner established with the person. The notice shall include all relevant information regarding the dispute that the agency has received from the consumer or reseller.

(B) Provision of other information from consumer or the reseller. The consumer reporting agency shall promptly provide to the person who provided the information in dispute all relevant information regarding the dispute that is received by the agency from the consumer after the period referred to in subparagraph (A) and before the end of the period referred to in paragraph (1)(A).

I would send the CRA another letter stating that you are requesting a Method of Verification which is your right via the FCRA section 611(a)(7) and they have 15 days to provide it. Failure to do so would be considered a blatant disregard of your rights guaranteed by the FCRA. See how this works.

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Consider me spanked...

isislc is correct in pointing out my errors. Yes, MOV is a right granted by the FCRA. It's just that, in the real world, most consumers find MOV's useless. CRA's verify electronically via E-Oscar. Many people know it. Typically the only response to MOV is a form letter. MOV is valuable if you wish to build a court case against the CRA's. It can be part of a package that demonstrates willful noncompliance, along with other important legal points.

And, once again, heads up to isislc for pointing out that the CRA's are bound, by law, to accept information from the consumer, that includes documentation. It's just that real world again that keeps tripping me up. The typical response to sending documentation is another form letter stating that the CRA's don't accept docs from the consumer. We understand their hesitancy...oh, if only it was that easy...

*reels herself in*

There is the written world and the actual world. There are no credit police to enforce a consumer's rights. Only if a consumer is willing to go to court over these issues will the CRA's take them seriously. isislc sent the right stuff to make them believe that she was willing. Good for her. But know that most efforts won't work out the same way, unless you're willing to go just as far and be just as thorough. My comments range more towards the typical {consumer's efforts and results}.

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  • 4 weeks later...

I had disputed some items on my credit report and have just reveived a letter stating that the information was verified. Should I send a Mv letter back to the credit bureaus, or am I just wasting time with this method?

I also plan on sending DV letter to the collection agency also.

What is the difference if any of a DV and Debt Investigation Letter.

THanks

So Confussed!!!

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Consider me spanked...

isislc is correct in pointing out my errors. Yes, MOV is a right granted by the FCRA. It's just that, in the real world, most consumers find MOV's useless. CRA's verify electronically via E-Oscar. Many people know it. Typically the only response to MOV is a form letter. MOV is valuable if you wish to build a court case against the CRA's. It can be part of a package that demonstrates willful noncompliance, along with other important legal points.

And, once again, heads up to isislc for pointing out that the CRA's are bound, by law, to accept information from the consumer, that includes documentation. It's just that real world again that keeps tripping me up. The typical response to sending documentation is another form letter stating that the CRA's don't accept docs from the consumer. We understand their hesitancy...oh, if only it was that easy...

*reels herself in*

There is the written world and the actual world. There are no credit police to enforce a consumer's rights. Only if a consumer is willing to go to court over these issues will the CRA's take them seriously. isislc sent the right stuff to make them believe that she was willing. Good for her. But know that most efforts won't work out the same way, unless you're willing to go just as far and be just as thorough. My comments range more towards the typical {consumer's efforts and results}.

Come here sweetie, I have a nice little knee for your happy spank. ;)

xsqueezex

Nah, when I went after TU, I REALLY went after TU. You are absolutely right on people who are willing to pursue something like this for the long run. I just finally got frustrated and pissed off at them plus I was enjoying the squirming results I've been getting with my threatening letters. You also have to be willing to really comb through all the law verbage. If you should mistakenly quote the wrong sections or law, it tends to take away your fire and you look nothing to them but a harmless dust bunny.

Don't get me wrong by my response, Ahntara has a really good handle on her stuff too. It's just that some people have different ideas of firepower to use. I myself have learned to use the battleship with the ground to air missiles over the smoking gun. hee hee

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"...translate..."

American law is written in English. You shouldn't need translation. The standard in both in the FCRA and the FDCPA is the 'least sophisticated consumer', so they were written for consumers, not attorneys.

They do contain excessive prepositions {the information is not information relating to any transaction by the consumer}. That may make for difficult reading, but it's still simple language. The added words are for clarification, because they are law. They have to provide a framework of specifics.

If you will highlight as you read, removing excessive words, prepositions and references, both laws are quite easy to understand. All it takes is some effort. It's also a good idea to tab the important sections. Most of the FCRA is fluff and can be glossed over. But there are certain references you'll be going back to again & again. It's nice to be able to find those quickly. As you read, you can also post here. Other, experienced posters will be able to shed light on any difficult passages. www.ftc.gov also has commentary letters that cover a range of references. Very illuminating to read their view on things. Pretty soon, you'll be the expert and translator for others!

You know, we advisel most people who post here to educate themselves. Lots are looking for an easier way. Truth is, it's not that hard. Congress wrote these laws after all. If they can write them, we can definitely read them.

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"...translate..."

American law is written in English. You shouldn't need translation. The standard in both in the FCRA and the FDCPA is the 'least sophisticated consumer', so they were written for consumers, not attorneys.

They do contain excessive prepositions {the information is not information relating to any transaction by the consumer}. That may make for difficult reading, but it's still simple language. The added words are for clarification, because they are law. They have to provide a framework of specifics.

If you will highlight as you read, removing excessive words, prepositions and references, both laws are quite easy to understand. All it takes is some effort. It's also a good idea to tab the important sections. Most of the FCRA is fluff and can be glossed over. But there are certain references you'll be going back to again & again. It's nice to be able to find those quickly. As you read, you can also post here. Other, experienced posters will be able to shed light on any difficult passages. www.ftc.gov also has commentary letters that cover a range of references. Very illuminating to read their view on things. Pretty soon, you'll be the expert and translator for others!

You know, we advisel most people who post here to educate themselves. Lots are looking for an easier way. Truth is, it's not that hard. Congress wrote these laws after all. If they can write them, we can definitely read them.

Thanks for the reply that really helps out!!!

Would you ever send a DV letter inside the SOL? or would you wait until it has expired?

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"...DV letter inside the SOL..."

The answer to that is situational, like most credit issues.

I don't have any property titled in my name (family trust), have one small bank account and only have one older vehicle on which I still owe $5k. That may make me a target, but a puny one, so I might risk it. Then again, personally I'm not big on risk.

It also depends on the creditor/lender and the size of the debt. Judgment proof or not, a consumer is much more likely to get sued over a 4 digit debt than a 3 digit one, and especially when it rises to 5 digits. I've seen many people get slapped with threat of suit upon buying a house. THAT's a huge symbol to creditors/CA/JDB's. It's silly, they take that to mean that you have come into some cash. It typically means just the opposite. But whatever your situation is, you are much more likely to see aggressive collection efforts after borrowing for a major purchase.

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