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Nervous.... sent 3 DV's, 1 DD, and 1 GW letters

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kstmommy
New Contributor

Nervous.... sent 3 DV's, 1 DD, and 1 GW letters

Oh boy. I am a nervous wreck. 2 days ago, I mailed three DV's and one Direct Dispute, CMRR. Also sent GW letter to paid recent collection, local CA, begging for removal. Two of the DV's were signed for today, the other DV and DD should be tomorrow. Now I play the waiting game.

 

The DV's are unpaid collections/charge-offs that are not mine. They're very old (2006-2007) and due to fall off report at the beginning of next year. I disputed with CRA's first and they verified, of course. I also disputed via CRA's, after they rec'd DV's, so if they verify, I have them on a violation. I'm REALLY hoping they don't have any info to validate and they'll just delete, OR, they'll ignore the CRA verification and they'll be deleted that way. I really doubt they have information. I'm just impatient and want them off NOW.

 

The DD is with OC (no CA yet) and this is more of a billing issue. It's over 2 years old, unpaid. I don't know what's going to happen with this one. If they respond, I guess I'll try to negotiate PFD if I can't prove the error. Ticks me OFF.

 

 

I have letters prepared to send to CRA's just in case I get no response at all to anything. I'm also pre-planning the possible need to file complaints with BBB, FTC, AG, in the event that one or more violate FCRA by verifying during validation/dispute. Anything else I need to do? The waiting is KILLING me, I am so nervous.

 

I hope my plans are laid out well and I'm not FOS about anything I'm doing. LOL... I'm still pretty new to rebuilding and learning all these laws/rights/procedures.

Message 1 of 38
37 REPLIES 37
guiness56
Epic Contributor

Re: Nervous.... sent 3 DV's, 1 DD, and 1 GW letters


@kstmommy wrote:

Oh boy. I am a nervous wreck. 2 days ago, I mailed three DV's and one Direct Dispute, CMRR. Also sent GW letter to paid recent collection, local CA, begging for removal. Two of the DV's were signed for today, the other DV and DD should be tomorrow. Now I play the waiting game.

 

The DV's are unpaid collections/charge-offs that are not mine. They're very old (2006-2007) and due to fall off report at the beginning of next year. I disputed with CRA's first and they verified, of course. I also disputed via CRA's, after they rec'd DV's, so if they verify, I have them on a violation. I'm REALLY hoping they don't have any info to validate and they'll just delete, OR, they'll ignore the CRA verification and they'll be deleted that way. I really doubt they have information. I'm just impatient and want them off NOW.

 

The DD is with OC (no CA yet) and this is more of a billing issue. It's over 2 years old, unpaid. I don't know what's going to happen with this one. If they respond, I guess I'll try to negotiate PFD if I can't prove the error. Ticks me OFF.

 

 

I have letters prepared to send to CRA's just in case I get no response at all to anything. I'm also pre-planning the possible need to file complaints with BBB, FTC, AG, in the event that one or more violate FCRA by verifying during validation/dispute. Anything else I need to do? The waiting is KILLING me, I am so nervous.

 

I hope my plans are laid out well and I'm not FOS about anything I'm doing. LOL... I'm still pretty new to rebuilding and learning all these laws/rights/procedures.


How would you have them on a violation if they verify?

Message 2 of 38
kstmommy
New Contributor

Re: Nervous.... sent 3 DV's, 1 DD, and 1 GW letters

Correct me if I'm wrong (I prob am LOL) but FDCPA  § 809.  Validation of debts  15 USC 1692g

 

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

 

Is this not true? "According to FTC opinion, they view reporting to a consumer reporting agency as a collection activity prohibited by § 1692g(b) after a written dispute is received and no verification has been provided."

 

Also, in my DV's (I don't know if this even matters) I have in there this blurb "Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is."

 

 

Ugh. I hope my letters don't sound ridiculous. Now, I'm more nervous LOL

Message 3 of 38
guiness56
Epic Contributor

Re: Nervous.... sent 3 DV's, 1 DD, and 1 GW letters

Right.  That would mean if they have not already reported they could not report.

 

A dispute with the CRA is only verifying a debt exists and there would be no vilolation for the CA to respond to that.  Two totally separate things going on.

 

I personally would not included that in my DV letter.  The less left unsaid the better.  A simple to the point DV works better.

 

"You say I owe this alleged debt, account #______.  Per FDCPA 809 please validate".

 

Remember that neither a DV or a dispute says the debt is yours, just that one exists.  

 

 

Message 4 of 38
aj1901
Regular Contributor

Re: Nervous.... sent 3 DV's, 1 DD, and 1 GW letters

I wouldnt be too nervous KST..I sent out something very similar not too long ago. I would rather sound more educated so they take it more seriously then something they can continue to report and just not collect on to make your life miserable. Just my opinion though. If they dont think you know all of your potential options I feel like they would be less likely to take it as serious. Itll never hurt you to sound more educated. Hopefully it grabs their attention further.

Message 5 of 38
kstmommy
New Contributor

Re: Nervous.... sent 3 DV's, 1 DD, and 1 GW letters

Guiness: That does make sense, however, I'm still a bit confused. Maybe I'm just not "getting it."  Let's just use Equifax's own words, for example.

 

"If you believe that any item of information contained in your Equifax credit file is incomplete or inaccurate, simply notify us directly and we will promptly investigate the matter with the source that provided the information."

 

"Please note that if information that you disputed has been verified as accurate by the creditor, it will remain in your credit file, but you can add a statement of explanation to your credit file."

 

This is where it gets me. Say I dispute a debt as "Not mine." CRA "investigates" (e-Oscar or whatever) and the CA verifies it as ACCURATE, knowing full well it may NOT be accurate, per my DV. How is that not a violation? Under my rights, I'm telling them it's not accurate. So, they're allowed to ignore me and just assume it is accurate?

 

FCRA at subsection 1681s-2(a) prohibits furnishers from reporting “inaccurate” information about consumers.

Message 6 of 38
kstmommy
New Contributor

Re: Nervous.... sent 3 DV's, 1 DD, and 1 GW letters

Thanks aj. Were you successful in your DV?

Message 7 of 38
aj1901
Regular Contributor

Re: Nervous.... sent 3 DV's, 1 DD, and 1 GW letters

Im not sure. I sent them about a week and a half ago. I get to update my reports once a month on the 16th. So im somewhat anxious to see if any are gone at that point.

Message 8 of 38
DaBears
Senior Contributor

Re: Nervous.... sent 3 DV's, 1 DD, and 1 GW letters


@kstmommy wrote:

Guiness: That does make sense, however, I'm still a bit confused. Maybe I'm just not "getting it."  Let's just use Equifax's own words, for example.

 

"If you believe that any item of information contained in your Equifax credit file is incomplete or inaccurate, simply notify us directly and we will promptly investigate the matter with the source that provided the information."

 

"Please note that if information that you disputed has been verified as accurate by the creditor, it will remain in your credit file, but you can add a statement of explanation to your credit file."

 

This is where it gets me. Say I dispute a debt as "Not mine." CRA "investigates" (e-Oscar or whatever) and the CA verifies it as ACCURATE, knowing full well it may NOT be accurate, per my DV. How is that not a violation? Under my rights, I'm telling them it's not accurate. So, they're allowed to ignore me and just assume it is accurate?

 

FCRA at subsection 1681s-2(a) prohibits furnishers from reporting “inaccurate” information about consumers.


If they validate the account which is all it is validate and it comes back verified then at that point you would send a Direct Dispute to them. An account that is not your would not be inaccurate. Inaccurate would be them listing lates, DoFD was changed, etc.....All a DV is telling them to validate a debt exists that's all and until they validate the debt they are on a bar collection notices which means they can't update their tradeline or collect on it.

 

Community Leader, 

 

DaBears

Message 9 of 38
kstmommy
New Contributor

Re: Nervous.... sent 3 DV's, 1 DD, and 1 GW letters

DaBears: "until they validate the debt they are on a bar collection notices which means they can't update their tradeline or collect on it."

 

Ok, so say a couple weeks go by and they haven't validated yet, but they verify with the CRA that it's accurate, AND update the tradline (say the date), THEN they'd be in violation? Is that correct?

 

 

ETA: Throwing into the mix here, is the fact that it's past the SOL in Indiana. Does that give me more options?

Message 10 of 38
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