How to Dispute when EX wont let me?

derrickv · ‎09-03-2008

How do I dispute an item on EX when they say it has already been disputed and they cannot dispute it again?

Anonymous · ‎09-03-2008

What are you disputing and why are you disputing it? Who is reporting it?

derrickv · ‎09-03-2008

Im disputing AFNI.

They recieved my DV yesterday.

I read on the forum to file a dispute with all 3 when they recieve my DV.

I already filed with TU and EQ.

I called and tried online with EX but they wont let me.

derrickv · ‎09-04-2008

bump........

Anonymous · ‎09-04-2008

Some people do the 1-2 punch, DV and dispute.

I never did. I just DV'd and waited the response. I had better luck going to the BBB and filing a complaint than I did with disputing with the CRA.

Have you already disputed this or just EX messing up?

derrickv wrote:

Im disputing AFNI.

They recieved my DV yesterday.

I read on the forum to file a dispute with all 3 when they recieve my DV.

I already filed with TU and EQ.

I called and tried online with EX but they wont let me.

derrickv · ‎09-04-2008

Thats basicly what I was doing... the 1-2.

If you take a look at my other post regarding AFNI, you'll see I offered them a pfd before DV'n. They didnt accept. Thats why I started the 1-2. I know I should have DV'd first but I figured they might just take the pfd and I would be able to get them removed.

Yes I did previously dispute with EX.

When filing with the BBB what did you tell em?

llecs · ‎09-04-2008

The "1-2 punch" caused me nothing but harm when I trid it before stumbling in here. EX basically labled you a "frivolous disputer".

I did get AFNI off my reports. I took a different approach. I admitted to the debt. That's something you shouldn't do, but their DV response, e.g. balance due, was actually lower than what I really owed. I sent a letter stating that I owed a balance to the OC, but due to the FDCPA, I demanded that they provide the correct balance to match recently provided OC records or cease reporting. It was risky, otherwise I'd have to fork out more $$$ for a PFD.

Anonymous · ‎09-04-2008

If they don't answer your DV or don't properly validate, then you can file a complaint with the BBB stating that they failed to validate, but have continued to report on your credit report. The FTC has ruled that reporting is collection activities. FDCPA says that if they do not validate, they must cease collection activities. Therefore, they are in violation of FDCPA by reporting on your credit report.

I would wait until 30-45 days past the day they get the DV before doing anything else.

I"ll share my experience with AFNI, not sure if it will help you.

AFNI was reporting a debt in the amount of $96. I really wasn't worried about them suing, I am not sure if SOL was up or not, I believe it was. CRTP was up September 2008(this month).

I sent a DV and sent a few emails to the addresses I found for their officers. Never got a response.

So, I went to the BBB website and found an email for them.

I sent an email basically stating "Hey, you failed to validate this debt and prove it was mine. It is past SOL and will be past federal credit reporting time period as of September 2008. Once past federal credit reporting time period, it will be removed from my report, paid or unpaid. I am willing to pay this debt in full, even though I do not believe it is mine, if your company would just be willing to remove it from my report. Before fulfilling my part of the offer, I will require a written letter on your company letterhead stating that you will completely remove this account from all credit reporting agencies upon payment in full.

Considering the facts of the case(no debt validation, no proof of being mine, and will be removed shortly paid or unpaid), I feel that the offer I made was more than fair.

The next day I got an email back saying to call and discuss the account.

Considering all the facts, I didn't care if they recorded the call or what I said, it was only for $96. So, I broke the rules and called. They agreed to PFD, but said they couldnt' give me the agreement in writing until after I paid.

This was in May, so I chose not to trust them and just waited for it to fall off. I will send payment to the OC once September is past.

However, I want to note, that a week after I spoke with them, they sent me a letter regarding the "payment I promised by May 31st". I never agreed to a payment by then.

treski · ‎09-04-2008

sidewinder wrote:

I sent an email basically stating "Hey, you failed to validate this debt and prove it was mine. It is past SOL and will be past federal credit reporting time period as of September 2008. Once past federal credit reporting time period, it will be removed from my report, paid or unpaid. I am willing to pay this debt in full, even though I do not believe it is mine, if your company would just be willing to remove it from my report. Before fulfilling my part of the offer, I will require a written letter on your company letterhead stating that you will completely remove this account from all credit reporting agencies upon payment in full.

Newbie question, but how do you go about paying them if they respond promptly and agree? I'm a bit naive here ... you don't just call them on the phone and whip out a credit card, do I?

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Anonymous · ‎09-04-2008

No-

And, IMO, don't send a check either. Send a money order, cashiers check, or something like that.

treski wrote:

sidewinder wrote:

I sent an email basically stating "Hey, you failed to validate this debt and prove it was mine. It is past SOL and will be past federal credit reporting time period as of September 2008. Once past federal credit reporting time period, it will be removed from my report, paid or unpaid. I am willing to pay this debt in full, even though I do not believe it is mine, if your company would just be willing to remove it from my report. Before fulfilling my part of the offer, I will require a written letter on your company letterhead stating that you will completely remove this account from all credit reporting agencies upon payment in full.

Newbie question, but how do you go about paying them if they respond promptly and agree? I'm a bit naive here ... you don't just call them on the phone and whip out a credit card, do I?