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MOV Question


cali11
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I sent MOVs out to all 3 CRAs.I got all 3 of the RR on Sept,29,30 & Oct 4.So now the CRAs have 15 days from the day they stamped the green return card?Also is that 15 bussiness days?If so whats there business days?I heard they work monday-sat?So if they dont respond what do I do next?

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According to Section 611 (a)(6) and (7) of the FCRA. The credit reporting agency must give you the method of verification information within 15 days of your request. Not 15 business days.

If you do not hear anything within 15 days. You can send them an ITS letter. Go ahead and File suit or give them a second chance by resending the letter but making it clear that this is the second time you've sent them this request and that they are already in violation of the FCRA. You can provide a copy of the Certified mailer as proof they received the last letter if you want and give them another 15 more days. (IMO this looks better if you do have to sue them and shows the judge you went above and beyond trying to get it resolved before you took it to court).

If they fail to respond send them an ITS (intent to sue letter) referencing FCRA § 616 Willful non-compliance. And demand they either remove the negative tradelines immediately (10 days) or face suit.

If they still ignore you after another 10 days have expired. File suit against them for violating the FCRA and use a process server to hand deliver them the summons. This will get their attention when all of your other attempts failed and will either get it deleted or it will go all the way to court and hopefully get you a $1000 payday and an order from the judge directing the CRA to remove it.

Edited by Hal Jordan
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According to Section 611 (a)(6) and (7) of the FCRA. The credit reporting agency must give you the method of verification information within 15 days of your request. Not 15 business days.

If you do not hear anything within 15 days. You can send them an ITS letter. Go ahead and File suit or give them a second chance by resending the letter but making it clear that this is the second time you've sent them this request and that they are already in violation of the FCRA. You can provide a copy of the Certified mailer as proof they received the last letter if you want and give them another 15 more days. (IMO this looks better if you do have to sue them and shows the judge you went above and beyond trying to get it resolved before you took it to court).

If they fail to respond send them an ITS (intent to sue letter) referencing FCRA § 616 Willful non-compliance. And demand they either remove the negative tradelines immediately (10 days) or face suit.

If they still ignore you after another 10 days have expired. File suit against them for violating the FCRA and use a process server to hand deliver them the summons. This will get their attention when all of your other attempts failed and will either get it deleted or it will go all the way to court and hopefully get you a $1000 payday and an order from the judge directing the CRA to remove it.

Hal, what if I give them another 15 days and they some how prove, I owe(which I know for a fact they dont have anything) on this acccount. Will I be screwing myself over? I see how it does look better to give them a 2nd chance if it goes to court. I just dont want to take any chances.

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Well, you could send an ITS letter. Or I suppose you could go ahead and file. I mean, the violation is there with respect to the 15 days. You may want to wait atleast an extra week though. You'll be pretty pissed at yourself for spending the money to file and then receive the MOV in the mail from them.

I have no idea if this is a legitimate debt or not... so you need to decide on that before you take it up a notch. Once you file that suit you better be ready to go argue in front of the judge. If it is legit and you're hedging on the MOV timeline to get it removed you should send an ITS letter with 5-10 days to remove. Then redetermine whether or not you really want to stand in a court room arguing the case with their attorneys and the judge. But an ITS letter might get it done for you.

Have you considered consulting a consumer credit attorney in your state. See if they'd be willing to take your case based on payment only if you win and based on judge awarding court costs and attorney fees?

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Well, you could send an ITS letter. Or I suppose you could go ahead and file. I mean, the violation is there with respect to the 15 days. You may want to wait atleast an extra week though. You'll be pretty pissed at yourself for spending the money to file and then receive the MOV in the mail from them.

I have no idea if this is a legitimate debt or not... so you need to decide on that before you take it up a notch. Once you file that suit you better be ready to go argue in front of the judge. If it is legit and you're hedging on the MOV timeline to get it removed you should send an ITS letter with 5-10 days to remove. Then redetermine whether or not you really want to stand in a court room arguing the case with their attorneys and the judge. But an ITS letter might get it done for you.

Have you considered consulting a consumer credit attorney in your state. See if they'd be willing to take your case based on payment only if you win and based on judge awarding court costs and attorney fees?

What I am going to do is wait a few more days then send a 2nd MOV letter,then go from there.

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I just wanted to add that you don't have to prove the debt is valid or invalid in order to win a suit against the credit bureaus for this. The issue is them failing to meet the requirements of the FCRA within the 15 day requirement for MOV. At this point it doesn't matter if the debt is your or not. They violated by not responding. I just wanted to point out in my eariler post that the debt being valid will be brought up if it goes to court but again, the issue is them violating the time line set fourth by the FCRA not the legitimacy of the debt.

Edited by Hal Jordan
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I just wanted to add that you don't have to prove the debt is valid or invalid in order to win a suit against the credit bureaus for this. The issue is them failing to meet the requirements of the FCRA within the 15 day requirement for MOV. At this point it doesn't matter if the debt is your or not. They violated by not responding. I just wanted to point out in my eariler post that the debt being valid will be brought up if it goes to court but again, the issue is them violating the time line set fourth by the FCRA not the legitimacy of the debt.

Ok I got the Transunion report today and its been 17 days since they got it.They got it on Sept 30th.They sent the MOV out to me on OCT 14th.So probbly would not fly if I sued them? Anyways only thing it says is please refer to the personal credit report that your recived.It says everthing is corect on the report.It said look at address and phone number bla bla bla. This is NOT what I wanted. I had proof that the contract on this account had not been sighned. Also I had proof that this account(acording to the CA records) that DOFD was 10-20-04 not 8-20-05 as the CA is reporting to the CRAs. Im so upset. The CRAs didnt even bother to look into this, just tell me they ALREADY investigated this dispute. What a load of crap! So what can I do next? Should I send an ITS letter if they dont open this up and investagate?

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