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If you DV a CA .........

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gdtobefree
Established Contributor

If you DV a CA .........

and they validate a debt that is PAST SOL what happens next?
 
If you can't DV an OC then is there another way to get it removed without a PFD if it is past the SOL?
 
 
 
Message 1 of 7
6 REPLIES 6
Anonymous
Not applicable

Re: If you DV a CA .........

and they validate a debt that is PAST SOL what happens next?
 
It can report until the CRTP runs.  However, if past SOL you have more room to negotiate the amount of the PFD (they can't sue and win because they are time-barred)
 
If you can't DV an OC then is there another way to get it removed without a PFD if it is past the SOL?
 
Dispute with CRA (either will verify or remove).If verified send the OC letter


Message Edited by Lady_Scarlet on 02-05-2008 05:33 PM
Message 2 of 7
gdtobefree
Established Contributor

Re: If you DV a CA .........

To Whom It May Concern:

I recently pulled my credit report from Experian, Equifax and TransUnion and noticed this account was listed on each of my reports as a collection I immediately disputed this information with Experian, Equifax and TransUnion and the results of the investigation came back as "verified".
 
What if it isn't a collection just a regular CO account?


Since I have disputed the account with the credit bureaus, and you have verified them, I would like to see what sort of records you have for this alleged account. Under the new FACTA laws, you are required to conduct an investigation on this account, and I am now requesting it.

If it was verified that means the acct is valid and not going anywhere right?

In order to clear up this matter, I would like to see:

 

Complete account history, including, all statements, records of all activity, payments, collection attempts, and any charges added for collection activity; In short, any and all documentation pertaining to this account

If all this info is sent then the next step would be a PFD?

I am sorry I just don't see giving into their fees that they so graciously added on when the account was closed (when they sent you a letter and told you that your priveliges have ben suspened and the account is closed). EX Over the limit fees for 6 mos in a row at 40.00 a pop and late fees to boot for 6 mos at 35.00 a pop when you only had a limit of 300.00 or 500.00 and that doesn't include the astronomical interest rate they charged at 28% on the WHOLE balance including late fees and over limit fees. I don't mind paying up to the credit limit but they can bite me on their "fees" charged AFTER the account was closed.  AND they wrote off the balance and got the money back as a debt venture through whoever. 

 

 If you don't respond with the results of the investigation (as is required per the FCRA), I will assume you have no documentation and therefore you were negligent in providing the credit bureaus with accurate information. At this point, you would also be in violation of the FCRA merely for not responding within the 30-day period.

LOL this sounds like you in SICK EM mode This looks like a threat, wouldn't this cause them to retaliate, IE collections even though past SOL because they know it will stay on your CR for 7 MORE years?

 

 

Message 3 of 7
Anonymous
Not applicable

Re: If you DV a CA .........

 
What if it isn't a collection just a regular CO account?
 
change collection to 'tradeline', reported item, account, etc
 
If it was verified that means the acct is valid and not going anywhere right?

They don't go look at the information when you dispute - it goes thru an autmated system and the dispute gets a 2 digit 'why' code.too ask if it is 'correct'.  Haven't really verified the integrity of any information
 

LOL this sounds like you in SICK EM mode This looks like a threat, wouldn't this cause them to retaliate, IE collections even though past SOL because they know it will stay on your CR for 7 MORE years?

 
No, just a re-itteration of what the law is. No matter what - it can't stay on for another 7 years even if a CA takes it tomorrow (and if they do validate then you have proof of SOL and also proof of correct CRTP from your CRs = nice cause of action against any CA who tries to report after CRTP runs).  CRTP for a debt is set by the OC.  This is a hard and fast, can't change, date.  The extra 1/2 year (taking it to 7.5) is only to protect the CRAs from an incorrect date being submitted by an OC (say June instead of May) and then getting nailled for reporting until June - which is why the CRAs will remove at seven years just incase the OC did make an unintentional error.
 

If all this info is sent then the next step would be a PFD?

Could be OR you could just wait for CRTP to run and it to fall off - This is taking a stab at getting it off now because they may not have the paperwork to backup their claim.  Also - INVESTIGATIONS ARE EXPENSIVE - and it is dropping in another year - is it cost effective for them to do the investigation?
 
 
Message 4 of 7
Anonymous
Not applicable

Re: If you DV a CA .........

You can always send a letter to an OC  asking for complete records.....An OC does NOT have to answer it!!!
Message 5 of 7
Anonymous
Not applicable

Re: If you DV a CA .........

If a CA  validates a DV  and you are sure that it is past SOL  send this CMRRR.  But remember that it can still remain on CR 7 years from DOFD.
 
 
make changes where needed
 
Your Name
Your Address
Collector's Name
Collector's Address
RE: [insert account number or name of account or name of debt]:
Dear [insert collector's name or company name],
This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2005], concerning the collection of the above referenced [account or date].
I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or the state in which the contract was signed) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired.
This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.
Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.

Thank You,
 
TYPE NAME ONLY
Message 6 of 7
Anonymous
Not applicable

Re: If you DV a CA .........

In response to Happy - yes they must answer --- since they 'verified' with the CRAs they subjected themselves to  FACTA and FCRA - this little 'trick' came from a lawyer - and you MUST dispute with CRAs first and have it verify in order to have the laws kick in.  Other wise, you can send letters every day and they don't have to answer.
Message 7 of 7
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