Deenie Posted March 31, 2009 Report Share Posted March 31, 2009 Ok, I am a bit confused here. I am on the very first steps of correcting my credit problems. I pulled my reports and have gone over and over them. I have decided which ones I am going to just pay and try to get a delete (these are very low dollar amounts and arent worth the time fighting...unless of course they don't want to delete).And which ones I really don't know what they are...these I need to have validated...right?? I thought I was to send a letter to the credit reporting agencies requesting validation...now I am reading and seeing that this needs to be done through the collection agencies... what have I missed? Does this go to the CRS or the CA? Also..some of these are joint with my husband...can I send 1 letter requesting that it be verified/removed from both or do I need to send seperate letters?~deenie Link to comment Share on other sites More sharing options...
OU812B4 Posted March 31, 2009 Report Share Posted March 31, 2009 You need to DISPUTE items on your credit with the CRA's. If you have CA's contacting you about these debts, also send the CA's a request for validation. If CA's cannot validate the debt, they cannot collect it, contact you regarding it, or report it. Link to comment Share on other sites More sharing options...
Deenie Posted March 31, 2009 Author Report Share Posted March 31, 2009 Thanks so much for the help.... I am so glad I found this site! ~deenie Link to comment Share on other sites More sharing options...
valorman Posted April 1, 2009 Report Share Posted April 1, 2009 Ok, I am a bit confused here. I am on the very first steps of correcting my credit problems. I pulled my reports and have gone over and over them. I have decided which ones I am going to just pay and try to get a delete (these are very low dollar amounts and arent worth the time fighting...unless of course they don't want to delete).And which ones I really don't know what they are...these I need to have validated...right?? I thought I was to send a letter to the credit reporting agencies requesting validation...now I am reading and seeing that this needs to be done through the collection agencies... what have I missed? Does this go to the CRS or the CA? Also..some of these are joint with my husband...can I send 1 letter requesting that it be verified/removed from both or do I need to send seperate letters?~deeniedispute letter go to consumer reporting agenciesvalidation go to collection agenciesAmounts bigger of smaller when you try to deal with the collection agency ask them for a paid for delete letter other wise they will happily take the money and never update the credit report and then to get it deleted you have to pay more money to collection agencies.So be cautious.Yours and your husbands credit files are seprate as ss NUmber is seprate so you have to write seprate letters. Link to comment Share on other sites More sharing options...
wahoo238 Posted April 2, 2009 Report Share Posted April 2, 2009 You need to DISPUTE items on your credit with the CRA's. If you have CA's contacting you about these debts, also send the CA's a request for validation. If CA's cannot validate the debt, they cannot collect it, contact you regarding it, or report it.This is not quite correct. A CA is never required to validate the debt, however if the DV is timely, with in the 30 day window of initial contact they must cease until such time as they do. Outside the 30 day window, pretty much all they are required to do is mark the TL "disputed" that requirment is FCRA and not FDCPA which covers DV's. Link to comment Share on other sites More sharing options...
Devildawgjj Posted April 2, 2009 Report Share Posted April 2, 2009 What if it is not timley. You just see that they are CA on your CR and you want to DV them. However, you are disputing with the CRA's in the process. What are your options then? Assuming it comes back verified. Link to comment Share on other sites More sharing options...
Deenie Posted April 2, 2009 Author Report Share Posted April 2, 2009 This is not quite correct. A CA is never required to validate the debt, however if the DV is timely, with in the 30 day window of initial contact they must cease until such time as they do. Outside the 30 day window, pretty much all they are required to do is mark the TL "disputed" that requirment is FCRA and not FDCPA which covers DV's. This is what I originally thought, but after reading several posts on here I was under the impression that it was the Collection Agencies, and not the Credit Reporting Agencies that needed to be DV'ed.Now after reading this..this is what I understand:If it is WITHIN the 30 days then it needs to be DV'ed through the Collection Agency...this falls under the FCRAIf it is AFTER the 30 days then it needs to be DV'ed through the Credit Reporting Agencies (as "Not Mine")... this falls under the FDCPAIs this correct? All of mine are well AFTER of the 30 day window... I don't want to send them to the wrong place and make things harder then what they already are. ~deenie Link to comment Share on other sites More sharing options...
wahoo238 Posted April 2, 2009 Report Share Posted April 2, 2009 DV letters always go to CA, TL disputes always go to CRA. FDCPA basically says if validation if requested by consumer w/ in 30 days of dunning letter CA must cease collection activities until such time they do validate. They are under no obligation to ever validate but again they can not continue until they have done so, hence 1 2 punch. Now if the request is made outside 30 day window FDCPA does not require them to cease however FCRA requires them to mark the TL as "disputed". Now a few states such as CAL and TEX have their own acts that are more restrictive than FDCPA and there is no such thing as an untimely DV. Sorry NC is not one of them but they do have some on the books that allow 2K per violation. Link to comment Share on other sites More sharing options...
Deenie Posted April 2, 2009 Author Report Share Posted April 2, 2009 First let me explain something... I am from Texas (lived there my whole life). I just moved to NC 4 months ago. All of my debts are from Texas, and if I understand this correctly TX law is what I go by. I think I have confused myself with the terms here....I am just now starting out so I want to DISPUTE (not DV) as "Not Mine" to the Credit Reporting Agencies....see if anything comes off that way first. In the "5 Biggest Mistakes People Make In Credit Repair" section...this is #1..I think I just misused the term DV...I should have said "dispute".Then anything that comes back as a verified debt.. I need to DV these to the Collection Agencies before trying any type of PFD. And since this will be under Texas law, they have to send me proof that the debt is mine...right? Most of these I have no idea what they are or who the original creditor is... so the only way to get this info is to DV.Am I correct so far? Link to comment Share on other sites More sharing options...
wahoo238 Posted April 3, 2009 Report Share Posted April 3, 2009 Yes and no correct, DV/Dispute I think you have it. As far as TX law if you are a resident of NC then NC law would apply. On the up side SOL for them to sue you, NC is a year shorter than TX, only 3 yrs for CCards if I remeber correctly. Good Luck! Link to comment Share on other sites More sharing options...
OU812B4 Posted April 5, 2009 Report Share Posted April 5, 2009 This is not quite correct. A CA is never required to validate the debt, however if the DV is timely, with in the 30 day window of initial contact they must cease until such time as they do. Outside the 30 day window, pretty much all they are required to do is mark the TL "disputed" that requirment is FCRA and not FDCPA which covers DV's.That is what I meant, I just failed to add "within 30 days of first contact". Thanks for clearing that up. Link to comment Share on other sites More sharing options...
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