topic Re: When CA will not validate... in Rebuilding Your Credit

When CA will not validate...

atl — Wed, 21 May 2008 13:30:23 GMT

I sent a DV letter to a CA over a month ago. They havent responded to me, but they responded to the CRA when I had a dispute. I made the dispute when I first got started repairing my credit and I disputed and the CA in question validated with them.

Should I send out another DV? Thanks.

Re: When CA will not validate...

Junejer — Wed, 21 May 2008 15:31:16 GMT

I would send a follow up DV, giving them 15 days to respond. If they don't respond, then make copies of both letters, both GCs and both CM receipts and send those to the CRAs, along with a letter requesting deletion.

Re: When CA will not validate...

jsk300 — Wed, 21 May 2008 17:35:03 GMT

So what do you do then if you already sent the CRAs copies of your DV requests, CMRRR and asked for deletion of the account due to no response from CA and the CRAs refuse to delete? This is the point I am at right now dealing with LVNV with TU and EX. I sent copies of my 3 DV letters to LVNV, copies of my MOV to TU/EX, and all CMRRRs to no avail. They have marked the dispute frivolous now.

Re: When CA will not validate...

atl — Wed, 21 May 2008 18:26:50 GMT

Byrd...thanks! Im guessing they will not validate for me because they technically dont have to, but they ARE validating for the CRA cause they are retards. Im just hoping the CRAs dont try and get the CA to re-validate after I send them the RR showing that they refuse to validate for me.

JSK...that is ridiculous. How many times did you dipute?

Message Edited by atl on 05-21-2008 11:26 AM

Re: When CA will not validate...

Anonymous — Wed, 21 May 2008 19:05:18 GMT

When you send copy of everything that ByrdMan said & they refuse to delete...........send the CRAs an ITS letter and contact an attorney!

File a complaint with your AG office....their AG office and with the FTC

Is this past SOL? if it is send the past SOL letter also.

This is the 2nd DV letter send CMRRR do not sign make all changes needed (send only to the CA)

Dear Sir/Madam:

I'm sure you know, under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity.

You recieved a request for validation from me on 9/18/07. You have not responded to that request in any way, and since that time you have updated information on my Experian credit report on 10/10/07 and on my Equifax report TWICE on 10/15/07. Each of these updates constitutes a violation of FDCPA.

While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA.

I look forward to an uneventful resolution of this matter.

I request that all contact with me be in writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:

Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and
Agreement that bears the signature of the alleged debtor wherein they agreed to pay the original creditor.
Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) - Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
Intimate knowledge of the creation of the debt by you, the collection agency.

As you are already in violation, I expect all reference to this account be deleted from my credit report, as this entry and any update of such entry will be considered another violation. You have 5 days from the receipt of this letter to remove this account from any and all reporting agencies, or a complaint to the FTC will be immediately filed for each and every violation from 9/18/07 until this issue is resolved. It is common knowledge that your company often violates these laws and I have no doubt that if I choose to litigate that you will be held liable for your actions. It is my hope that you will comply with the law in order to avoid the hassle.

Thank You,

TYPE NAME

Message Edited by HappyDays on 05-21-2008 12:03 PM

Message Edited by HappyDays on 05-21-2008 12:05 PM

Re: When CA will not validate...

Anonymous — Wed, 21 May 2008 19:14:38 GMT

HappyDays, can you comment on my "How to file a complaint with BBB/AG" on the General Credit Issues board?

Re: When CA will not validate...

Jesedmotherof5 — Wed, 21 May 2008 20:17:29 GMT

Also what letter goes to the CRA when you sent the copies of letters and green cards?

Re: When CA will not validate...

Jesedmotherof5 — Wed, 21 May 2008 20:18:31 GMT

PS I sent this to a CRA that sent me a demand for payment without Validation and I sent it back to them with this letter and they immediatly deleted 11 point gain for hubby!

Re: When CA will not validate...

Anonymous — Wed, 21 May 2008 21:14:21 GMT

The only things that go to a CRA is a dispute!! If any thing is sent to a CRA it will be proof of what your dispute is about.

If a CA signed for a DV but never answered OR the DV along with the GC comes back as undeliverable OR refused.....then:

You send the letter from here stating that the CA didn't answ. or whatever.....along with the DV letter, GC and the CERT.paper....................this is proof that you mailed it to them & the letter has all the legal stuff in it.

A DV letter or an OC letter never gets sent to a CRA for them to answer!!!! only as pfoof of what you want them to do.....that is why you send the letter from here along with everything else.

Message Edited by HappyDays on 05-21-2008 02:14 PM

Re: When CA will not validate...

Jesedmotherof5 — Wed, 21 May 2008 21:38:13 GMT

okay do we CMMR to the CRA as proof that they got it just in case we have to ITS

Re: When CA will not validate...

Anonymous — Wed, 21 May 2008 21:48:14 GMT

I did. Figured it's worth the $5.21 to reassure myself that I did everything right

Re: When CA will not validate...

adamseve — Thu, 22 May 2008 03:02:48 GMT

HappyDays,

I'm a little confused about what letter should be sent to the CRA when a CA won't DV. Do you mean the 2nd DV letter? Or, should we create a letter explaining the situation along with supporting documentation?

Second, if we're not supposed to send them copies of the DV letters submitted to the CA (because we provide them with proof of what we're disputing) what do we send them? If I missed something in translation I apologize.

Thanks for your help.

Re: When CA will not validate...

rom828 — Thu, 22 May 2008 23:31:32 GMT

I'm in similar situation. Atty sent DV letter in response to Midland collection letter dated 4-17. This is for Cap1 C/O 05-05, DOLA 08-03, believe past SOL in GA (I have my old stmts that dont exactly 'agree' w/some of Cap 1's old reporting, but EQ does show the 08-03).

Disclaimer in letter states the usual 30 days to respond and that they wont report if they are not already doing so.

They signed for the letter on 5-14. Atty sent to 4 addresses and they signed on 2 of them--1 Fed Ex and 1 CMRRR. One of the ones signed for was at the address (hidden in the statemtn) they said to direct all correspondence to....the agent of record or whatever.

Pulled my reports on the 5-21 and now Midland is reporting on TU--report date 5-16, as collection and on EQ as a new account..shows reported 5-08, no specific date....120 days past due!!!!!

Cant get w/my atty til next week--was hoping to talk to him today so I'll be frantic all weekend.

Isnt this a clear violation if from what I've been reading that reporting is the same a attempting to collect. Am I right?!

And how can they report to one CRA as a collection and one as an account?! It is clearly on EQ under accounts but at bottlom description says 'collection acct'.

Needless to say my scores are tanked --except EX is still 709 as they havent reported to them yet, but EQ and TU are down to 641 (40 point hit on TU!)

I've printed examples of the letters found on this forum to take w/me to atty, tho I guess he has some similar....he's done a lot of cases against Midland (& others).

I just hope I can get some feedback..hopefully encouraging....that this is a violation and that they'll have to take these off!!

PLEASE let me have any thoughts or advices!!

Re: When CA will not validate...

Junejer — Fri, 23 May 2008 00:27:05 GMT

@adamseve wrote:

HappyDays,

I'm a little confused about what letter should be sent to the CRA when a CA won't DV. Do you mean the 2nd DV letter? Or, should we create a letter explaining the situation along with supporting documentation?

Second, if we're not supposed to send them copies of the DV letters submitted to the CA (because we provide them with proof of what we're disputing) what do we send them? If I missed something in translation I apologize.

Thanks for your help.

Adamseve, you do send the CRA copies of the DV, GC and CM receipt. HappyDays was saying that you only dispute with CRAs and send them supporting documentation (ie. DV, GC, CM receipt). Hope that clears this up.

Re: When CA will not validate...

Junejer — Fri, 23 May 2008 00:28:48 GMT

romans, actually they can report during those 30 days. However, if they are not going to validate, then they have to cease collection activities.

Re: When CA will not validate...

renaboo01 — Fri, 23 May 2008 00:51:00 GMT

rom828 wrote:
I'm in similar situation. Atty sent DV letter in response to Midland collection letter dated 4-17. This is for Cap1 C/O 05-05, DOLA 08-03, believe past SOL in GA (I have my old stmts that dont exactly 'agree' w/some of Cap 1's old reporting, but EQ does show the 08-03).

Disclaimer in letter states the usual 30 days to respond and that they wont report if they are not already doing so.

They signed for the letter on 5-14. Atty sent to 4 addresses and they signed on 2 of them--1 Fed Ex and 1 CMRRR. One of the ones signed for was at the address (hidden in the statemtn) they said to direct all correspondence to....the agent of record or whatever.

Pulled my reports on the 5-21 and now Midland is reporting on TU--report date 5-16, as collection and on EQ as a new account..shows reported 5-08, no specific date....120 days past due!!!!!

Cant get w/my atty til next week--was hoping to talk to him today so I'll be frantic all weekend.

Isnt this a clear violation if from what I've been reading that reporting is the same a attempting to collect. Am I right?!

And how can they report to one CRA as a collection and one as an account?! It is clearly on EQ under accounts but at bottlom description says 'collection acct'.

Needless to say my scores are tanked --except EX is still 709 as they havent reported to them yet, but EQ and TU are down to 641 (40 point hit on TU!)

I've printed examples of the letters found on this forum to take w/me to atty, tho I guess he has some similar....he's done a lot of cases against Midland (& others).

I just hope I can get some feedback..hopefully encouraging....that this is a violation and that they'll have to take these off!!

PLEASE let me have any thoughts or advices!!

OMG. The same exact thing is happening to me with Midland. That put this acct. only on my TU report, but they still have not answered my DV. I still have my green card to show when they recieved it, which was over a month and half ago. It looks like we pissed them off with the DV's but let me know what your atty says. This is a violation, because reporting to the CRA's is a act of collecting.

Re: When CA will not validate...

rom828 — Fri, 23 May 2008 00:59:24 GMT

ByrdMan wrote:
romans, actually they can report during those 30 days. However, if they are not going to validate, then they have to cease collection activities.

But isn't adding this to my report considered collecting? I thought I the FCRA considered reporting an act of collecting?!

And besides, their letter states they will not report if they are not already reporting....and they were not reporting untl the 16th!

Does this mean both these can just stay on my report until they decide to validate? From what I've read, they're just as apt to not validate or just send some letter with minimal info so you have to send another letter for the detailed validation/proof.

Is it not possible then to dispute with CRAs that the debt is being reported w/o validation?!?!

Re: When CA will not validate...

rom828 — Fri, 23 May 2008 01:36:15 GMT

OMG. The same exact thing is happening to me with Midland. That put this acct. only on my TU report, but they still have not answered my DV. I still have my green card to show when they recieved it, which was over a month and half ago. It looks like we pissed them off with the DV's but let me know what your atty says. This is a violation, because reporting to the CRA's is a act of collecting.

I'll sure be posting back on this!!

that's what I thought also, that the reporting itself is a violation, but as you can see from Byrdman's response, they evidently can report.

I'm hoping we can get some more clarification on all this!!

Message Edited by rom828 on 05-22-2008 06:36 PM

Re: When CA will not validate...

Junejer — Fri, 23 May 2008 01:11:21 GMT

Within that 30 day period, after they receive the DV, they can report. Now, if they aren't going to DV, then they can't resume collection activities. This includes reporting to the CRAs. They probably reported just to mess you up. The CRAs are really not helpful in these matters, as everything seems to get "verified" somehow. The CAs know and understand this, so they acted within the lawful timeframe. IMO, they acted within the law...so far.

Re: When CA will not validate...

rom828 — Fri, 23 May 2008 01:50:10 GMT

Thanks, Byrdman, for the further clarification.

I guess this means another DV letter, maybe citing their statement in their letter that they would not report, etc..

I'm glad now that I have an atty working on this for me....I am totally confused!! And really discouraged, I might add.

From what you're saying, sounds like this could be on my report for a long, long time, unless my atty has some success with another DV or whatever. Even tho they're not supposed to continue to report if they dont validate, guess they're not under any kind of time limit for validation.

And how are you to know if they arent going to validate? Is this just their method of intimidation..to get it on your report to foce you to your knees and just give up?!?!

Is there a time limit by which they have to either validate or advise if they are not going to validate?

From another issue I'm dealing with (status correction on an acct), I've sure learned that the CRAs verification has nothing to do with genuinely verifying anything!!

Is anyone ever successful in getting CAs, Midland specifically, to remove the reporting while awaiting validation?!?!