Nancylee61

Question about 30 days

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Sorry if I missed this on the site, I did some searching, but don't see a specific answer anywhere.

 

I just sent my letters to the CA certified mail, return receipt. I understand that when they get them, the 30 day clock starts ticking. How do I prove they did not respond in 30 days if that happens? Do they send them back certified, or is it the date it was stamped by the post office? In other words, if it is close, what is the proof of the 30 day response or not?

 

Also, I sent a variation of the letter on this site, and now see others saying that is sure to get me sued. Is this true? I changed it a bit, but not much.

 

Thank you in advance,

Nancy

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First, YOU have 30 days to request validation from when they first contact you.  THEY can take as long as they like to respond.

 

Second, while the letter on this site is overkill (all you really nneed to say is "I dispute this") there's little danger it will get you sued.   Chances are, they'll ignore it, and move on to easier pickiings.

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Thank you, willing. So I am confusing the time the credit agencies have to respond, and the time collection agencies have to respond?

The credit agencies have to respond within 30 days, no? Or it gets taken off the report. I think I am getting very tangled!

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Correct.  If you dispute with a CRA in writing or over the phone, they have 30 dats to respond.  If you dispute with the CRAs online, they have 45 days.

 

once a CA receives your dispute letter, they are supposed to inform the CRAs that the account is "in dispute", but they can take forever to actually send you validation.

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Correct.  If you dispute with a CRA in writing or over the phone, they have 30 dats to respond.  If you dispute with the CRAs online, they have 45 days.

 

They do?  I thought it was 45 days if you used annualcreditreport.com.  

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I am not sure how many days I would have then, as I pay for a monthly report from freecreditreport.com. Do you know where that would put me?

 

And how are the days counted when they send back to me - from the stamp of the post office, or do they send it back certified?

Thank you,

Nancy

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It does get confusing...and they intend it to be.  First, freecreditreport is essentially a scam.  The data you see from Experian is semi complete and sort of up to date.  Any info they show on the other 2 CRAs is out of date.  Their "Plus" Credit Score is what we call a FAKO....nobody who's going to lend you money looks at that.

 

Buried way down in the FCRA 611(a) (see the link above?) are the words "before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer"...so...online, via phone, via mail...they have 30 days from when they receive the dispute.

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Is there a deadline for them to report the dispute to the CRA?

 

Actually, I belive the CRAs mark the TL in dispute as soon as they process your request.  But, since the conversation between the CRA and the creditor is usually via computer, it usually seems like it goes immediately to "verified".

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I found this ruling from the 8th Circuit Court of Appeals.

 

Wilhelm v. Credico

 

When a debt collector learns of a dispute after reporting the debt to a credit bureau, the dispute need not also be reported.  Wilhelm v. Credico, Inc., 519 F.3d 416, 418 (8th Cir.2008).

 

If you dispute the debt in a DV after the CA is already reporting, the CA doesn't have to report the debt as disputed.

 

It doesn't appear any other appeals courts have ruled on the issue.

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After debt collector knows debt is disputed, anything they do report later must be accurate. So if they do report, then the fact of dispute must be included.  So then dispute the TL with the CRA and see if the debt collector reports it as valid.  Then they have furnished information to the CRA and need to make it accurate.

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