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Help understanding my options, and how best to handle my situation.

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Anonymous
Not applicable

Re: Help understanding my options, and how best to handle my situation.

The idea behind DV the CAs & disputing with the OC at the same time is that the CA goes back to check their records while at the same time the CRAs contact them about the dispute and require the CA to provide the verification in 30 days or less.  This flusters the CA with 2 deadlines days apart (getting back to you & the CRA within the 30 days) and a lot of times has resulted in the CA just removing the TL.

 

You have the right to DV a CA at anytime.  If the CRA comes back validated then send the CRA a letter requesting their verification method.

 

Another point behind sending the DV CMRR is if the CA doesn't get back to you then you have proof that you made the effort and the CA was unable to provide the verification.  I think it's the FDCPA but the TL will have to be removed, by the CA failing to respond to you they have admitted that they don't have proof to validate the debt.

Message 11 of 14
MarineVietVet
Moderator Emeritus

Re: Help understanding my options, and how best to handle my situation.


@Anonymous wrote:

The idea behind DV the CAs & disputing with the OC at the same time is that the CA goes back to check their records while at the same time the CRAs contact them about the dispute and require the CA to provide the verification in 30 days or less.  This flusters the CA with 2 deadlines days apart (getting back to you & the CRA within the 30 days) and a lot of times has resulted in the CA just removing the TL.

 

You have the right to DV a CA at anytime.  If the CRA comes back validated then send the CRA a letter requesting their verification method.

 

Another point behind sending the DV CMRR is if the CA doesn't get back to you then you have proof that you made the effort and the CA was unable to provide the verification.  I think it's the FDCPA but the TL will have to be removed, by the CA failing to respond to you they have admitted that they don't have proof to validate the debt.


This is not quite correct. Unless you live in Texas there is no time limit for a CA to ever respond to a DV. But until and if they do answer they have to stop collection activity.

Message 12 of 14
Anonymous
Not applicable

Re: Help understanding my options, and how best to handle my situation.

Now from what I have gathered, when you file a dispute with CRAs about the item and the CA "verifies" it - this is considered collection activity, therefore violating the FDCPA, right?

Message 13 of 14
Anonymous
Not applicable

Re: Help understanding my options, and how best to handle my situation.

FDCPA (Fair Debt Collection Practice Act) = collection agency
FCBA (Fair Credit Billing Act) = Original Creditor

 

Validation is a specific section of the FDCPA applicable to debt collectors, 3rd party, section 809. It requires a specifically worded notice to consumers, "disputing the validity" of an alleged debt requires validation, which is proof of the debt and the person being dunned.

Verification = FCRA = disputing options for information that is not accurate and complete, updated and verifiable. You can dispute directly with the CRA's reporting the information and/or directly with the furnisher of the information to the CRA's for reporting.

 

 

Message 14 of 14
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