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when is it time to send a ITS letter?


cbairey
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I Sent CA a DV within 30 days( CMRRR)( actually the Next day), ,,,,nothing back but now marked as disputed by consumer on CRA,, Sent Second request DV letter giving 15 days,,Nothing back, CRA hasnt verfied or deleted yet .

looks like CA reported to CRA Then sent me the Collection notice,, then "updated to mark as disputed" YET hasnt sent me squat...:confused: when do i send CA Intent to sue?

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I Sent CA a DV within 30 days( CMRRR)( actually the Next day), ,,,,nothing back but now marked as disputed by consumer on CRA,, Sent Second request DV letter giving 15 days,,Nothing back, CRA hasnt verfied or deleted yet .

looks like CA reported to CRA Then sent me the Collection notice,, then "updated to mark as disputed" YET hasnt sent me squat...:confused: when do i send CA Intent to sue?

the short answer is no

But could you include the CRA in your timeline? Are you saying that this item was listed on your credit report before you were contacted?

If you file a lawsuit on the collection agency, the collection agency will counter sue for this supposed debt.

This might not bother you, but it does rush things. I would report the collection agency to your Attorney General. You would have to look at your state laws regarding collection activity.

You can also send the CRA a Method Of Verification letter that includes your green cards and points out that the CA has not validated the debt despite you repeated requests for information and so are required to stop all collection activity ( including reporting this debt).

I don't know your situation, but it is good to remember that a collection agency would like to avoid the expense of going to court. If you pull the trigger for them then you lose this advantage in negotiating the debt.

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the short answer is no

But could you include the CRA in your timeline? Are you saying that this item was listed on your credit report before you were contacted? yes

** CA posted on my CRA almost two weeks Before sending me a notice.

soon as i saw the listings i disputed with CRA ,

and right after CA letter Idisputed(DV'd)the CA

If you file a lawsuit on the collection agency, the collection agency will counter sue for this supposed debt.

This might not bother you, but it does rush things. I would report the collection agency to your Attorney General. You would have to look at your state laws regarding collection activity.

* they did mark as disputed, just havent sent DV to me, i dont know what the AG would do

You can also send the CRA a Method Of Verification letter that includes your green cards and points out that the CA has not validated the debt despite you repeated requests for information and so are required to stop all collection activity ( including reporting this debt).

*I requested MOV in my 1st letter to the CRA, with that info, just says disputed right now..CRA has no "updated yet"

I don't know your situation, but it is good to remember that a collection agency would like to avoid the expense of going to court. If you pull the trigger for them then you lose this advantage in negotiating the debt.

:confused:

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...when do i send CA Intent to sue?

You send an ITS when:

1. They have violated the law and

2. You are ready to follow through if necessary but

3. You are willing to withhold from filing a lawsuit in return for some action their part.

From what you describe, I don't see that they've violated any law (#1). In response to your timely DV they've marked your tradeline as "disputed" with the CRA's and they have ceased collection activities. They have as long as they want to produce documentation, as long as they don't resume collection activities in the meantime.

It seems that you want to construe leaving the listing on your credit report as "continued collection activity." I don't believe this position holds water.

I understand that you would like to get this removed from your credit report, but to quote the Rolling Stones, "You can't always get what you want."

Now, I'm not well versed on this technique, but there's something around here called "the 1-2 punch" which may get you what you want.

Regards,

DH

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The AG can investigate illegal collections and sue collection agencies. The only way this happens is if people notify them of problems. That may not happen every day, but what has happened for me is that the AG sends a notice of the complaint to the collection agency. The collection agency then sent me a letter stating that they were closing the account and returning the assignment to original creditor.

Of course, as expected the OC sent the case to another CA a year later. and another. I was lucky enough to keep the collection accounts off my report but the original creditor listed the account until I reported them (bloomingdales) to the office of thrift supervision.

While I was repairing my credit, I only sent one ITS, and I think the only positive effect it had was of the nutcase variety.

but that's me. I don't know your situation. Filing complaints with regulating agencies is free, so you might as well include it in your steps.

ps of course a good dispute letter includes a MOV request but the CRA obviously ignored it. Send another that confronts the CRA with the fact that the CA refuses to send you any records by including copies of your letters and green cards.

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Have you actually disputed with CRA? If you have not then that is why the TL is still there, they marked it as diputed as required by FCRA. Until such time as they do provide you with validation they must cease colltion activity, including verifing the TL.

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Have you actually disputed with CRA? If you have not then that is why the TL is still there, they marked it as diputed as required by FCRA. Until such time as they do provide you with validation they must cease colltion activity, including verifing the TL.

well C**P, Ex sends me a "updated CR" few things deleted like miss-spelled name. address,and 1 updated,,(still wrong NO matter what they think Novemeber does NOT have 120 days I will deal with that later,),,& This issue is still being verified! ( wth?) i thought they where suppossed to mail you a new CR when it was all finished,,

OHH best part, If you wish to know how we verified your information, please Contact the creditors listed on your credit report for further information..

ARGHHHHHHHH( i sent along a MOV with my letter to EX) Umm isnt That Thier Job??

TU. some reason just show x of x completed..I cant see what TL they have verified or deleted yet..

getting fluster-ated......:???:

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well C**P, Ex sends me a "updated CR" few things deleted like miss-spelled name. address,and 1 updated,,(still wrong NO matter what they think Novemeber does NOT have 120 days I will deal with that later,),,& This issue is still being verified! ( wth?) i thought they where suppossed to mail you a new CR when it was all finished,,

OHH best part, If you wish to know how we verified your information, please Contact the creditors listed on your credit report for further information..

ARGHHHHHHHH( i sent along a MOV with my letter to EX) Umm isnt That Thier Job??

TU. some reason just show x of x completed..I cant see what TL they have verified or deleted yet..

getting fluster-ated......:???:

It was kind of a yes or no Q.

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*I requested MOV in my 1st letter to the CRA, with that info, just says disputed right now..CRA has no "updated yet"

from what I read, the answer is yes he did dispute with the CRA

But I think that another dispute and MOV is needed that emphasizes that CA is not able to validate this debt

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Have you actually disputed with CRA? If you have not then that is why the TL is still there, they marked it as diputed as required by FCRA. Until such time as they do provide you with validation they must cease colltion activity, including verifing the TL.

Yes i disputed with CRA

the CA marked disputed,

the CRA sent letter already saying" still verifing information"

and to contact CA for further information on this "investigation" ( I requested MOV)

CA hasnt responded to DV, But did mark disputed, CRA seems to say, hey call them and verify this,,

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Yes i disputed with CRA

the CA marked disputed,

the CRA sent letter already saying" still verifing information"

and to contact CA for further information on this "investigation" ( I requested MOV)

CA hasnt responded to DV, But did mark disputed, CRA seems to say, hey call them and verify this,,

Strike what I said before. When will it be 45 days from the day you filed your dispute with the CRA?

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may 7th is the 45 day mark..

Ex already sent thier little, heres your updated report.. shouldnt they have waited until everything was done?

thier answer to MOV, Contact the creditor on your report for how we verified your information,,

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What are you considering a "ITS" Letter?

I have sent Dv to CA, I have nothing back from them,( the 30 days was up on the 23rd)( got dunning letter 3/21 sent dv 3/22)

CA did mark "disputed" on CR, ( cra has until 5/7 to update or delete)

IF CA "verifies" with CR and has yet to "prove to me this debt" they would be in violation , correct,

or if CA just holds on to "disputed" on my CR, ( seems to me That would in fact be a verfied BUT disputed) now its a disputed but NOT Validated debt

I dont see how a CA can just "haunt" your report with a disputed for what seems like forever..and it not be Validated

I will wait until the CR date of the 7th and see what the CA does,,

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ok maybe i am missing something, the "debt flow chart says'

send dv, wait to hear back, send letter with ITS, that they are now in violation

One thing that we are missing is whether you are ready for court. Yes, these guys don't seem to the records needed to validate, but you have not stated whether this debt is false. Are there any records anywhere that could hold you responsible for this debt? If that is so then it is best for you to play the waiting game. File some complaints.

People threaten CA 's all the time. They will ignore an ITS. They won't believe it until they are served.

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One thing that we are missing is whether you are ready for court. Yes, these guys don't seem to the records needed to validate, but you have not stated whether this debt is false. Are there any records anywhere that could hold you responsible for this debt? If that is so then it is best for you to play the waiting game. File some complaints.

People threaten CA 's all the time. They will ignore an ITS. They won't believe it until they are served.

I am ready for court:) I know for fact they have been paid..I need them gone, wanting to buy a house soon, and disputed just wont make it :(

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