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Questions about DVs

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Shogun
Moderator Emeritus

Re: Questions about DVs

My advice, save some money to deal with this if it comes back verified.

Starting Score: 504
July 2013 score:
EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+
Take the myFICO Fitness Challenge

Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!

June 2017 update: All scores over 820, just pure gardening now.
Message 11 of 45
Whitneyy
Valued Contributor

Re: Questions about DVs

The thing is, she has no clue why she all of a sudden owes 5,550.

GOAL - 700 FICO across the board!
Message 12 of 45
polno1234
Contributor

Re: Questions about DVs

i disagree. placing an item on credit report is considered collection activity. it must be removed until such time as they have validated the debt. file a cfpb complaint for violation of the fdcpa. i beleive i stated how to word it in an earlier post you made on this same subject.

 

Current MERRICK SECURED-$200 EMBLEM MC-$250 EXPRESS NEXT-$350
In the garden till 10/9/14
Fico 8 start 02/15/13 488
Current TU Fico 8 641, EX 734 EQ 740
Goal 650 by 02/15/15
Message 13 of 45
Whitneyy
Valued Contributor

Re: Questions about DVs


@polno1234 wrote:

i disagree. placing an item on credit report is considered collection activity. it must be removed until such time as they have validated the debt. file a cfpb complaint for violation of the fdcpa. i beleive i stated how to word it in an earlier post you made on this same subject.

 


I actually don't recall you ever assisting me with help on this subject, but I appreciate the help. I will look into it.

GOAL - 700 FICO across the board!
Message 14 of 45
polno1234
Contributor

Re: Questions about DVs

so sorry Smiley Happy i went over this in another post.  search for "still not updated advice pls"

that should help ya.

 

Current MERRICK SECURED-$200 EMBLEM MC-$250 EXPRESS NEXT-$350
In the garden till 10/9/14
Fico 8 start 02/15/13 488
Current TU Fico 8 641, EX 734 EQ 740
Goal 650 by 02/15/15
Message 15 of 45
Shogun
Moderator Emeritus

Re: Questions about DVs


@polno1234 wrote:

i disagree. placing an item on credit report is considered collection activity. it must be removed until such time as they have validated the debt. file a cfpb complaint for violation of the fdcpa. i beleive i stated how to word it in an earlier post you made on this same subject.

 


You can disagree, but that's the way it actually is.  Now if the DV had placed the cease collection activity on the account, and then they added the TL, I could see the violation.  But that is not the case.  There is also a misconception with the so called "1-2 punch", where you DV then dispute thinking that they could not verify with the DV in place.  That does not work either.

 

I don't think a complaint with the CFPB is in place, for there is absolutely no violation here, and it would be considered frivolous.

Starting Score: 504
July 2013 score:
EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+
Take the myFICO Fitness Challenge

Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!

June 2017 update: All scores over 820, just pure gardening now.
Message 16 of 45
polno1234
Contributor

Re: Questions about DVs


@Shogun wrote:

@polno1234 wrote:

i disagree. placing an item on credit report is considered collection activity. it must be removed until such time as they have validated the debt. file a cfpb complaint for violation of the fdcpa. i beleive i stated how to word it in an earlier post you made on this same subject.

 


You can disagree, but that's the way it actually is.  Now if the DV had placed the cease collection activity on the account, and then they added the TL, I could see the violation.  But that is not the case.  There is also a misconception with the so called "1-2 punch", where you DV then dispute thinking that they could not verify with the DV in place.  That does not work either.

 

I don't think a complaint with the CFPB is in place, for there is absolutely no violation here, and it would be considered frivolous.


there is case law to back up my statement.

Current MERRICK SECURED-$200 EMBLEM MC-$250 EXPRESS NEXT-$350
In the garden till 10/9/14
Fico 8 start 02/15/13 488
Current TU Fico 8 641, EX 734 EQ 740
Goal 650 by 02/15/15
Message 17 of 45
gdale6
Moderator Emeritus

Re: Questions about DVs


@polno1234 wrote:

@Shogun wrote:

@polno1234 wrote:

i disagree. placing an item on credit report is considered collection activity. it must be removed until such time as they have validated the debt. file a cfpb complaint for violation of the fdcpa. i beleive i stated how to word it in an earlier post you made on this same subject.

 


You can disagree, but that's the way it actually is.  Now if the DV had placed the cease collection activity on the account, and then they added the TL, I could see the violation.  But that is not the case.  There is also a misconception with the so called "1-2 punch", where you DV then dispute thinking that they could not verify with the DV in place.  That does not work either.

 

I don't think a complaint with the CFPB is in place, for there is absolutely no violation here, and it would be considered frivolous.


there is case law to back up my statement.


I agree with Shogun, if the TL was already reporting there is no requirement to delete it, the DV places a cease bar on the CA as things sit at that moment until such time as they properly validate according to the law, and this only applies if the DV has been sent in a timely matter. The FDCPA actually says that if a CA reports a new collection it must withing 5 days send dunning, there is nothing in the law that says they must delete until the debt is verified. Please post the case law here so we can see it, we would appreciate it.

Message 18 of 45
Whitneyy
Valued Contributor

Re: Questions about DVs

Well the big issue here is that she didn't know about it until she saw it on her credit reports, sent in a DV no response. I just need to know what's next. 

GOAL - 700 FICO across the board!
Message 19 of 45
gdale6
Moderator Emeritus

Re: Questions about DVs


@Whitneyy wrote:

Well the big issue here is that she didn't know about it until she saw it on her credit reports, sent in a DV no response. I just need to know what's next. 


Ok, what to do is going to depend whether or not is past the states SOL is it??  If not does your friend have the funds to PIF should they take legal action???

Message 20 of 45
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