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Could really use some advice

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Anonymous
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Re: Could really use some advice



Credit_is_life wrote:
Yes the 2 CA's are certainly from the same debt. They have the same dates, the same OC and the same debt amount. I know which owns, where can i dispute the older one? I got my free reports (annualcreditreport.com) about 3 days ago and can't log in to view them again. Can i do that with a Myfico scorewatch? (thinking about getting that anyway.)

With the CA that owns the account (same one i talked to on the phone)i will certainly send the PFD CMRRR.


For the other CA, DV them. If they don't own or have assignment of the debt, then they cannot report it.
 
Check out the credit monitoring link in my sig. I believe that National City, or NC, is the cheapest CMS at $8.95 a month, $14.95 a month for you and your spouse.
 
Message 11 of 13
Anonymous
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Re: Could really use some advice

Question, only one CA can own the same account at one time right? This CA report is years old, but i read a DV has to be within 30 days? I know they don't own it any more (unless more then one CA own a single account at the same time). If i DV anyway will they pretty much have to remove it?

Message Edited by Credit_is_life on 01-16-2008 04:36 PM
Message 12 of 13
Anonymous
Not applicable

Re: Could really use some advice



Credit_is_life wrote:
Question, only one CA can own the same account at one time right? This CA report is years old, but i read a DV has to be within 30 days? I know they don't own it any more (unless more then one CA own a single account at the same time). If i DV anyway will they pretty much have to remove it?

The law on DV is rather narrow and stupid on the limits it imposes on the consumer. You have 30 days from initial contact, so it turns on what constitutes initial contact. The initial contact must, by definition under §809(a) be written, so if you've never gotten anything in writing how can the CA be said to have initially contacted you?
 
Now, the CA will claim, "Your honor, we have a system in place for mailing out notices, thus ..." But, if it goes to court, the standard of proof is preponderance of evidence, not beyond a reasonable doubt.
 
If the judge is 51% swayed by your account of things versus the CA/OC account of things, then you win the preponderance contest. As such, some CAs tend to treat all DV requests as though they are timely.
 
Two CAs cannot both claim the same debt and cannot both report on your CRs. DVing both of them will often shake loose who really has claim to the debt for collection. But, if you know who owns it, then DVing the other will often shake them loose and make them do that which they are required to do, FOAD.
 
Message 13 of 13
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