DV Response from Chase...what do I do?

[Anonymous]

I recently sent a DV letter to Chase for an old account. I read mixed posts before about DV'ing an OC but in this situation I decided that I did because I believe this to be older than 7-7.5 yrs. On my CR it says date opened 1/00 and DOFD 10/05 and I know these are incorrect dates (because of the personal situation going on). So I sent a DV letter to them requesting more information.

I received a letter back from them today saying that they received my liability dispute regarding ownership of the account noted above. They enclosed a copy of my original application and asked that I verify whether or not it is valid. They asked me to sign an "Acceptance of Liability" document. They included my original application in my handwriting, dated 11/1/99. But that's not my point. I'm debating the DOFD date. So what should I do next? Do I send them a letter and tell them that isn't what I'm disputing? I'm not inclined to send any signed document back to them, because I'm not playing their game, I just want proof of the payment history, which is what my dispute is.

Any suggestions? Thanks!!

[guiness56]

Technically, an OC is not required by law to answer a DV.  There is a different letter you would send them.

Are you out of suing SOL?

Just tell them you want a payment accounting from the day the account was opened.

[Anonymous]

I did send them a different letter (debt validation instead of verification from what I read in old threads here) and said that I wanted specific information about what they are reporting.

I'm in TX and outside the SOL timeframe. But it doesn't seem fair that just because they are an OC and not a CA, that they can report something over the 7.5 time limit and not provide proof of what they are reporting. Because this was around the birth of my child, I KNOW that the DOFD for this creditor is 2001.

Any suggestions?

[guiness56]

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@Anonymous wrote:

I did send them a different letter (debt validation instead of verification from what I read in old threads here) and said that I wanted specific information about what they are reporting.

I'm in TX and outside the SOL timeframe. But it doesn't seem fair that just because they are an OC and not a CA, that they can report something over the 7.5 time limit and not provide proof of what they are reporting. Because this was around the birth of my child, I KNOW that the DOFD for this creditor is 2001.

Any suggestions?

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For clarification, a DV letter (debt validation) is for a CA only, debt verification is through the CRAs. 

An OC is not allowed to report past the 7 - 7.5 years from the DoFD.  The CA gets their information from the OC and both of the dates should be the same on both accounts.  And I might add, it is the DoFD the creditor is reporting, which does not mean it is correct.

Write the OC, the president if you need to, and tell them you want a full accounting of all your payment history, late payments etc. from the date the account was opened.

You have the right to ask for it and they should furnish it.  Ask for copies of checks or money orders if you paid that way.  It is ok to tell them in the letter that what is being reported to the CRAs, you believe to be incorrect.

At the same time, since TX is a consumer friendly state, I would file complaints with the BBB and the state AG.

[RobertEG]

You cannot formally dispute or requet debt validation/verification directly with an OC.

The DV process set forth in FDCPA 809(a) and (b) only applies to debt collectors, not original creditors.  The OC could have just returned it to you, statng that it is not a proper request.

The terms "validation" and "verification" are used, even in the statute, interchangeably.  The title of FDCPA is "Validation of Debts," but in the body of the statute, it then uses the term "verification." 

If you want to dispute an OC posting to your CR, you still cannot dispute directly with the OC.  You must send the dispute through the CRA.  FCRA 611(a)(1).

There is a conditional provision of the FCRA, as set forth in section 623(a), which provides for furture ability for a consumer to dispute directly with the OC, but this provision does not become effective until final implementing rules are published in the Federal REgister.  This provision is not yet available.

Letters you send directly to an OC are informal communications, and not legal disputes.

[MarineVietVet]

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@RobertEG wrote:

You cannot formally dispute or requet debt validation/verification directly with an OC.

The DV process set forth in FDCPA 809(a) and (b) only applies to debt collectors, not original creditors.  The OC could have just returned it to you, statng that it is not a proper request.

The terms "validation" and "verification" are used, even in the statute, interchangeably.  The title of FDCPA is "Validation of Debts," but in the body of the statute, it then uses the term "verification." 

If you want to dispute an OC posting to your CR, you still cannot dispute directly with the OC.  You must send the dispute through the CRA.  FCRA 611(a)(1).

There is a conditional provision of the FCRA, as set forth in section 623(a), which provides for furture ability for a consumer to dispute directly with the OC, but this provision does not become effective until final implementing rules are published in the Federal REgister.  This provision is not yet available.

Letters you send directly to an OC are informal communications, and not legal disputes.

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We'll all soon be able to.

Beginning in July of this year consumers will have the right to dispute errors in their credit reports directly with the furnishers of the information, in addition to disputing errors with consumer reporting agencies. FTC Testimony

It talks about it in the 11th paragraph.

From a BK years ago to:

9/09 EX pulled by lender 802
3/10 EQ- 800
4/10 TU -772

You can do the same thing with hard work

Credit Scoring 101
Common Abbreviations
Frequently Requested Threads
Credit Problems Which Is Worse?
Whats In Your FICO Score

[guiness56]

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@RobertEG wrote:

You cannot formally dispute or requet debt validation/verification directly with an OC.

The DV process set forth in FDCPA 809(a) and (b) only applies to debt collectors, not original creditors.  The OC could have just returned it to you, statng that it is not a proper request.

The terms "validation" and "verification" are used, even in the statute, interchangeably.  The title of FDCPA is "Validation of Debts," but in the body of the statute, it then uses the term "verification." 

If you want to dispute an OC posting to your CR, you still cannot dispute directly with the OC.  You must send the dispute through the CRA.  FCRA 611(a)(1).

There is a conditional provision of the FCRA, as set forth in section 623(a), which provides for furture ability for a consumer to dispute directly with the OC, but this provision does not become effective until final implementing rules are published in the Federal REgister.  This provision is not yet available.

Letters you send directly to an OC are informal communications, and not legal disputes.

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Asking for payment history is not a dispute.  You have every right to do so.

[LIGHTNIN]

Are all your CR's reporting the same incorrect dates?       Do you have any old CR's with the correct dates?

[Anonymous]

No unfortunately I don't have any old credit reports.

And thank you guiness56, I would assume I have SOME right to ask for things since technically the contract was between the two of us. After all, disputing through the CRA doesn't get you anywhere.

I think I may just send them a letter back and ask them for payment history and go from there.

Thanks!