Jreed

Credit Repair Next Steps - 623 and validation

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So I've been doing a lot of reading and reviewing what others have done.  I'd like to make sure I'm following along the right path. 

 

Story:

Lots of old CC debt.  SOL on everything expires starting in Feb 2014.  However SOL has "technically" expired in WI about 3 years ago as we borrow the shorter SOL.  Deleware has a 3 year SOL, so any DE cards have technically gone beyond the SOL.  This is up for some debate, but I'm willing to fight that battle if need be.

 

Two months back I decided to get aggressive about credit repair instead of simply sitting back.  I had about 4-5 disputes go out to the CRA's and my wife had a few more.  We've since gotten responses on all the CRA stuff.

 

I then followed up with two of my wife accounts, one with AA and another with Chase. 

 

AA: They responded to my validation request with general information and a refusal to remove the negative mark on my CR's.  They did not provide any proof that they owned the debt or really anything else...they only provided a blurb saying it was valid and that they were reporting properly.

Question: Is my next step another letter demanding the proof that they own the debt, or at least some evidence that its a real debt.  OR, is my next step an ITS letter followed up by a suit?  I'm sure I could do either, so looking for a little experience from others here.

I'd prefer to avoid the costs of a suit, but am willing to do it if I have to.

 

 

Chase:  They are the OC.  I have sent them a 623 investigation letter.  They already filed a 1099c on the debt, plus it is beyond the SOL.  They have another week or so to respond. 

Question:  As everyone has fought me every step of the way, I anticipate they will fight me too.  Which means they will respond with a refusal to correct my CR's.  Is my next step an ITS letter, or just go right into the suit.  In this case I actually suspect a letter to their legal dept. might get traction as I've heard their lawyers know they should be reporting a zero balance once they have filed a 1099c. 

 

 

I have other stuff out there, but these two are the most pressing as AA is killing my wife's credit report.

 

Any thoughts/experiences would be appreciated.  Especially if you've had to go all the way with some of the OC's/Collectors.

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@Jreed

 

 

AA: They responded to my validation request with general information and a refusal to remove the negative mark on my CR's.  They did not provide any proof that they owned the debt or really anything else...they only provided a blurb saying it was valid and that they were reporting properly.

Question: Is my next step another letter demanding the proof that they own the debt, or at least some evidence that its a real debt.  OR, is my next step an ITS letter followed up by a suit?  I'm sure I could do either, so looking for a little experience from others here.

I'd prefer to avoid the costs of a suit, but am willing to do it if I have to.

 

You can demand proof,  but they don't have to provide it.  If you want to send them an intent to sue based on violations of the FCRA (reporting when they don't have any documentation), you can see what they say.  

 

 

Chase:  They are the OC.  I have sent them a 623 investigation letter.  They already filed a 1099c on the debt, plus it is beyond the SOL.  They have another week or so to respond. 

Question:  As everyone has fought me every step of the way, I anticipate they will fight me too.  Which means they will respond with a refusal to correct my CR's.  Is my next step an ITS letter, or just go right into the suit.  In this case I actually suspect a letter to their legal dept. might get traction as I've heard their lawyers know they should be reporting a zero balance once they have filed a 1099c. 

 

If you feel they don't have the documentation that you were late or defaulted, you can send them an intent to sue letter to see what they have.  I'd definitely do that first before actually filing suit.  

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Are the collections all tied to the address you are living at now ?  If not, you should OPT OUT and delete old addresses with the CRA's

 

You have a better chance getting collections deleted from the CRA's if your current address is different than the addresses tied to collections.

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Are the collections all tied to the address you are living at now ?  If not, you should OPT OUT and delete old addresses with the CRA's

 

You have a better chance getting collections deleted from the CRA's if your current address is different than the addresses tied to collections.

That's an excellent suggestion.  

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Are the collections all tied to the address you are living at now ?  If not, you should OPT OUT and delete old addresses with the CRA's

 

You have a better chance getting collections deleted from the CRA's if your current address is different than the addresses tied to collections.

I'm not entirely sure what you mean.

 

I've been at this address for quite a while, but there are old addresses in the cra files.  I'm not exactly sure how that would help.  Could you explain what you mean a little more?

 

With AA, I was under the impression that in order to report, they had to have some kind of proof that they owned this debt.  So my for them the options were to send an ITS or actually sue per the FCRA.

 

With Chase, well that debt is beyond SOL and they filed a 1099c.  Its my understanding that in both cases the debt is now zero.  As such, the fact that they are reporting a balance is a violation of the FCRA.

 

Am I wrong in that thinking?

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I'm not entirely sure what you mean.

 

I've been at this address for quite a while, but there are old addresses in the cra files.  I'm not exactly sure how that would help.  Could you explain what you mean a little more?

 

With AA, I was under the impression that in order to report, they had to have some kind of proof that they owned this debt.  So my for them the options were to send an ITS or actually sue per the FCRA.

 

With Chase, well that debt is beyond SOL and they filed a 1099c.  Its my understanding that in both cases the debt is now zero.  As such, the fact that they are reporting a balance is a violation of the FCRA.

 

Am I wrong in that thinking?

The collections that you presently have, do they have a different home address than where you are now.?  One of the main things a CRA looks for when you send a dispute letter is if the address matches the collection.

 

If they don't match you have a good chance of getting the collection deleted from your credit report.

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As near as I can tell they have the right address.  But I'm looking at Experian online right now and they don't list the address with each individual account.  Thinking back to my written reports, I don't recall seeing the address at an individual account level either.

 

Am I missing something?  In some cases I would bet that they do have the wrong address...I just don't see it listed.

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With AA, I was under the impression that in order to report, they had to have some kind of proof that they owned this debt.  So my for them the options were to send an ITS or actually sue per the FCRA.

 

With Chase, well that debt is beyond SOL and they filed a 1099c.  Its my understanding that in both cases the debt is now zero.  As such, the fact that they are reporting a balance is a violation of the FCRA.

 

Am I wrong in that thinking?

Yes, in order to report, they must have some kind of proof.  But this kind of dispute belongs in court.  If you request verification from them, by law, it's enough for them to tell you that they performed an investigation and that the information is accurate.  However, if you feel they don't have any documentation, you can push them in court to prove it.  

 

As near as I can tell they have the right address.  But I'm looking at Experian online right now and they don't list the address with each individual account.  Thinking back to my written reports, I don't recall seeing the address at an individual account level either.

 

Am I missing something?  In some cases I would bet that they do have the wrong address...I just don't see it listed.

No, addresses per account are not given.  It's one set of addresses at the top of the credit report.  However, if any account does not match the addresses on file (during the electronic dispute process), you could get the account deleted.  If you've lived in one place for awhile, this technique might not work for you.  

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