fairpractice

? new path to follow

Recommended Posts

I have five (5) items of negative influence on my credit report(s) totaling less than $2k.

They are accounts from:

A Dentist

Two (2) Dillards department stores

ATT Wireless

TXU Electric

I have obtained the reports from each agency along with addresses listed for each of the five ready to copy/paste for each bureau.

They are not valid and I would like to get them removed. When I first started trying to get my report cleaned up almost two (2) years ago, I started with an online dispute for Experian only which worked OK but did leave the five (5) above remaining. I bookmarked this flowchart from way back but am noticing some shorter paths today. I "think" that this is a good sample to send first these days (which I know to mail this time certified reciept requested). Can anyone confirm this as a good path?

  • Is the sample letter here a the best first start (single letter to 3 bureaus)?
  • What was the whole validation vs verification thing once mentioned?
  • Is the flowchart accurate (It is stating to send both a letter to the bureau and collection agency on day one)? Wouldn't that tip the credit collection agencies hand if the debt is likely to be removed anyway by the bureau?

I have re-read the FAQs and any assistance is greatly appreciated.

Share this post


Link to post
Share on other sites

They are not valid and I would like to get them removed. .

What do you mean not valid. Do you mean those accounts do not belong to you or that they are out of the 7 year reporting period?

Share this post


Link to post
Share on other sites

Let's say that I wanted to ignore that for now and just respond in terms of the items that are still there from the standpoint of a dispute.

I have five (5) items of negative influence on my credit report(s) totaling less than $2k.

They are accounts from:

A Dentist

Two (2) Dillards department stores

ATT Wireless

TXU Electric

I have obtained the reports from each agency along with addresses listed for each of the five ready to copy/paste for each bureau.

They are not valid and I would like to get them removed. When I first started trying to get my report cleaned up almost two (2) years ago, I started with an online dispute for Experian only which worked OK but did leave the five (5) above remaining. I bookmarked this flowchart from way back but am noticing some shorter paths today. I "think" that this is a good sample to send first these days (which I know to mail this time certified reciept requested). Can anyone confirm this as a good path?

  • Is the sample letter here a the best first start (single letter to 3 bureaus)?
  • What was the whole validation vs verification thing once mentioned?
  • Is the flowchart accurate (It is stating to send both a letter to the bureau and collection agency on day one)? Wouldn't that tip the credit collection agencies hand if the debt is likely to be removed anyway by the bureau?

I have re-read the FAQs and any assistance is greatly appreciated.

Share this post


Link to post
Share on other sites

I have five (5) items of negative influence on my credit report(s) totaling less than $2k. I would like to dispute said items with the credit bureau and not through criminal proceedings.

They are accounts from:

A Dentist

Two (2) Dillards department stores

ATT Wireless

TXU Electric

I have obtained the reports from each agency along with addresses listed for each of the five ready to copy/paste for each bureau.

When I first started trying to get my report cleaned up almost two (2) years ago, I started with an online dispute for Experian only which worked OK but did leave the five (5) above remaining. I bookmarked this flowchart from way back but am noticing some shorter paths today. I "think" that this is a good sample to send first these days (which I know to mail this time certified reciept requested). Can anyone confirm this as a good path?

  • Is the sample letter here a the best first start (single letter to 3 bureaus)?
  • What was the whole validation vs verification thing once mentioned?
  • Is the flowchart accurate (It is stating to send both a letter to the bureau and collection agency on day one)? Wouldn't that tip the credit collection agencies hand if the debt is likely to be removed anyway by the bureau?

I have re-read the FAQs and any assistance is greatly appreciated.

Share this post


Link to post
Share on other sites

It's commonly known as the 1-2 punch.

It's a catch 22 on a CA. You ask for validation from them. You ask that the CRAs verify. Well, if the CA verifies and the DV request was timely, then they're communicating about a debt, which they're barred to do per the FDCPA unless they validate.

However, in the event that the DV was not timely, the 1-2 punch pretty much goes out the window.

Validation and Verification are basically one and the same.

It's the words of the statute. The section is named "Validation of Debts" 809, and it requires. It maintains that the CA must obtain verification from the Original Creditor that the debt is in fact valid. Or if they're collecting on a judgment, a copy of the judgment.

Question 3. As to tipping their hand. Well if they can validate successfully, then it shouldn't matter. If they can't, then they have no way of verifying to the CRAs.

We're dealing with two statutes here, the FDCPA and the FCRA. One regards how they can collect, and entitles you to validation/verification. The other limits their ability to report information in dispute. Use these two statutes in tandem, and either they delete, or they verify and violate because they don't mention that the debt is disputed.

What you're essentially doing, is attack on two fronts.

  • Like 1

Share this post


Link to post
Share on other sites

This was the basic citing for each letter followed by pictured proof of identitiy for the bureaus which I understand is now important and including other text compiled from various templates. Specifics asside, am I citing everything in a manner most consistent with obtaining the desired result? Does this follow the "attack on two fronts" method correctly?

[TO CURRENT CREDITOR as listed on bureau report] ...This letter is being sent to you in response to a recent letter I recieved. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (B) that your claim is disputed and validation is requested. This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section of the United States Constitution. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following:[Listed]...

[TO THREE (3) MAJOR BUREAUS (ex, ef, tu)] ... Under the provision set forth in the 1977 Federal Fair Credit Reporting Act, I hereby request your agency prove to me in writing the accuracy of the reporting of these accounts. Under the terms of the Act and succeeding court cases, you have 30 days to prove such accuracy in writing or remove the account entirely from my report.

Share this post


Link to post
Share on other sites
[TO THREE (3) MAJOR BUREAUS (ex, ef, tu)] ... Under the provision set forth in the 1977 Federal Fair Credit Reporting Act, I hereby request your agency prove to me in writing the accuracy of the reporting of these accounts. Under the terms of the Act and succeeding court cases, you have 30 days to prove such accuracy in writing or remove the account entirely from my report.

The FCRA does NOT require the CRAs to provide you with written proof of anything. They know that and you will sound foolish.

You are going about this all wrong for debts that are supposedly not yours.

Share this post


Link to post
Share on other sites

Just standard collection letters.

There are all kinds of different ways to handle a collection.

Share this post


Link to post
Share on other sites
The FCRA does NOT require the CRAs to provide you with written proof of anything. They know that and you will sound foolish.

You are going about this all wrong for debts that are supposedly not yours.

Points taken. Right wrong or indifferent, the plan is to use the one-two punch method and my questions are about the 'correct way' to use THAT method.

Can you suggest a specific rewording for my post assuming I DO want to use the one-two puch method)?

Share this post


Link to post
Share on other sites
Points taken. Right wrong or indifferent, the plan is to use the one-two punch method and my questions are about the 'correct way' to use THAT method.

Can you suggest a specific rewording for my post assuming I DO want to use the one-two puch method)?

I'm gonna spam for the first time on this board....:shock:

Oh, don't worry boys and girls, it's not really spam, and no one's going to mind because it's actually admin's product 8] . However, when I bought Good Credit is Sexy, plus the sample letters, I was able to pretty much able to answer YOUR questions with my own situation. My current scores speak for themselves...

http://www.credit-book-store.com/pd_good.cfm

Trust me, worth the small investment and a good read.

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.