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How much time does CLA have to investigate a DV dispute?


bored7one4
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DV sent to Asset Acceptance on 9/25/2013

 

Got a letter today date 10/29/2013 stating this.

 

"We are in receipt of your recent account dispute.  Please be advised that the account has been placed on hold pending completion of our review"

 

 

How much time do they have to review this dispute?

 

 

 

 

 

 

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@bored7one4

 

If your letter was sent within 30 days of their first dunning letter sent to you (the letter that contained the 30-day validation notice), they can take as long as they want.  They just can't attempt to collect until they validate.  In fact, they can choose to close the account and never bother you again.  In that case, they would never have to validate.

 

However, if your letter was not sent within 30 days, they don't have to validate and can continue collection attempts.

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@bored7one4

 

You can dispute other information in the entries with the CRAs.  I don't know what you've already disputed, but you can dispute the balance, any late payments that are listed, particular dates, etc.  You can dispute one at a time.  Perhaps the JDB will get tired of verifying and the entry will be deleted.

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@bored7one4

 

You can dispute other information in the entries with the CRAs.  I don't know what you've already disputed, but you can dispute the balance, any late payments that are listed, particular dates, etc.  You can dispute one at a time.  Perhaps the JDB will get tired of verifying and the entry will be deleted.

@BV80 - you can dispute as many as you want per letter to each CRA.  

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So I can send 3 separate letter disputing late payment, balanced & wrong address and send them all at once>?

 

 

Also was going to share good news last week when experian deleted 26K on two BofA charged off accounts but this week I got a notice stating they re-added it on.  =(

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  • 2 weeks later...

update:  I just got a letter from Asset Acceptance stating the following.

 

 

"Please be advised that this account is closed.

We will report this information to the credit bureaus accordingly.

 

Please call if you have any questions"

 

 

 

Does this mean they will remove it from the CRA?

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update:  I just got a letter from Asset Acceptance stating the following.

 

 

"Please be advised that this account is closed.

We will report this information to the credit bureaus accordingly.

 

Please call if you have any questions"

 

 

 

Does this mean they will remove it from the CRA?

@bored7one4 - no, it doesn't mean they will remove it.  

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  • 2 weeks later...
  • 2 weeks later...

Ask the bureaus for the method of verification.

 

 

Send the data furnisher a 623 request as well. 

 

Do this at the same time and you might get it knocked off, or you will have enough ammo to consider suing both the CRAs and the data furnisher. 

 

anyone have a 623 letter template?

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anyone have a 623 letter template?

“This is a Notice of Direct Dispute under the provisions of FCRA §623(a)(8)(D) and 16 CFR 660.4, of the accuracy of information you have reported to my credit file.

       ►       (If sent to a debt collector, (CA), it might  be beneficial to also include the blurb:

       ►  “This is a direct dispute of credit reporting. This is not a request for debt

              validation/verification  under FDCPA §809(B).”.

                  (don’t let them just simply sluff it off as a meaningless  DV letter)

 

(Provide the following requirements of the rules, as detailed under 16 CFR 660.4):

 “Identification of the specific information being disputed:

           (specify the account number, and the specific information that is disputed under

             that identifying account)

“Basis for the dispute:

            (how the reporting was inaccurate;    was any reporting in violation of any statutory or

             regulatory provisions?  account or express agreements?  CRA reporting gudelines? Account not

              yours? etc.)

“Supporting documentation:

            (all documents that support your dispute; it is recommended that you also send,

             as part of your documentation, at least a copy of the portion only of your

             recent credit report showing their reporting of the disputed information to your credit file.

Sincerely, 

 

 

 

Date {MM/DD/YYYY}

Your name

Your address

Phone/fax/email

Original Creditor name

Original Creditor address

Re: {account number}

Dear Sir or Madam,

I pulled my credit report from {Credit Reporting Agency} on {MM/DD/YYYY} only to discover that you recently have reported me 30 days late on the above account in {MM/YYYY}. I immediately disputed this information with {Credit Reporting Agency} and the results of the investigation came back Verified. First, I have never been late on this account. Second, according to the Fair Credit Reporting Act, as the information furnisher, you are required to notify me of the insertion of negative listings.

Since I have disputed the Lates with the {Credit Reporting Agency}, and you verified them, I want to see what kinds of records you may have for this account. As you undoubtedly aware of, under the Fair Credit Reporting Act, you are required to conduct an investigation on this account if I request it. I therefore am submitting my written request to you to conduct such an investigation. Per the Fair Credit Reporting Act, you have 30 days to conduct this investigation and respond to my request. If you do not respond within this time period, per the Fair Credit Reporting Act, you must remove this negative information.

Sincerely,

Your signature

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@bored7one4

 

If your letter was sent within 30 days of their first dunning letter sent to you (the letter that contained the 30-day validation notice), they can take as long as they want.  They just can't attempt to collect until they validate.  In fact, they can choose to close the account and never bother you again.  In that case, they would never have to validate.

 

However, if your letter was not sent within 30 days, they don't have to validate and can continue collection attempts.

can they sell the account to another JDC? Then you have to deal with the whole process again if the 2nd JDC decides to pursue?

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can they sell the account to another JDC? Then you have to deal with the whole process again if the 2nd JDC decides to pursue?

 

Yes, they can sell it. 

 

As to whether or not the whole DV process begins again depends upon your how your federal court and/or circuit court of appeals has ruled. 

 

Some courts have ruled that once the 30-day notice has been provided by one debt collector, subsequent debt collectors do not have to provide that notice.  In that case, when a 2nd collector sends a dunning letter, they wouldn't have to provide the 30-day notice.  You could send a DV, but they wouldn't have to validate in order to continue collecting.

 

You need to know how your courts have ruled.

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Yes, they can sell it. 

 

As to whether or not the whole DV process begins again depends upon your how your federal court and/or circuit court of appeals has ruled. 

 

Some courts have ruled that once the 30-day notice has been provided by one debt collector, subsequent debt collectors do not have to provide that notice.  In that case, when a 2nd collector sends a dunning letter, they wouldn't have to provide the 30-day notice.  You could send a DV, but they wouldn't have to validate in order to continue collecting.

 

You need to know how your courts have ruled.

@BV80 - really!!!!??? That is news to me.  More studying is in order.  

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