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I tried a DV, now I don't know what to do...

phxwilson
Regular Contributor

Re: I tried a DV, now I don't know what to do...

llec, thanks for taking the time to share your observations.  The FCRA requires the CRA to delete information that cannot be verified (see Sec. 611 of the Act).  If the CRA reports the debt as "verified."  Then, you are entitled to dispute the MOV with the CRA.
 
So, the next step is to report the failure to validate to the CRA.
Message 11 of 17
Timothy
Moderator Emeritus

Re: I tried a DV, now I don't know what to do...

I know Mr. Groves (the lawyer in this case) and find out what he thinks.

llecs wrote:


sidewinder wrote:


llecs wrote:


HappyDays wrote:
Please don't make me go digging this out.   It was a JUDGE that said that reporting was concidered COLLECTION activity!!!!


I'll change my tune if it specifically addresses this issue. Is it on any of the letters in this forum? How about in the above opinion letter?


I just re-read the follow up DV and it does say it in there.  States "In the case 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."

Yes, it is on the opinion letter.


The Boatley case never addressed whether reporting during the DV period was considered collection activity or not. Boatley was looking for a judgment in her favor by bringing up that issue. However the judge never did rule on that point because the Defendant (the CA) never offered proof that they sent a dunning letter to begin with. If they had, the judge would have to rule on that issue. Moreover, the central issue was whether or not a CA should mark the account as "in dispute" as they should have done.
 
I commented on this case in here:
 
 



Message 12 of 17
llecs
Moderator Emeritus

Re: I tried a DV, now I don't know what to do...

I want to be pursuaded. The truth is out there.
 
However reading over the actual ruling, I don't see any mention of the judge saying that or ruling that reporting is collection activity. Boatley was granted a partial judgment (1 of 4) on her argument because the CA failed to provide a copy of the dunning letter (they probably never sent one).
 
Does anyone have a copy of the case handy? I have one but probably can't link the link I have based on T&C (links to another repair site).
 
Timothy, would you be open to asking Mr. Groves to brief that case? Watchout for any charges. I will ask mine, but I think he'll charge me the standard $250/hr rate. I'd rather pull my reports. Smiley Wink
 
 
Message 13 of 17
Moderator Emeritus

Re: I tried a DV, now I don't know what to do...

llecs--  Can you PM the link? I wouldn't mind reading over the case. I read on a previous post where a forum member actually used this case in writing to the CA and the CA challenged it's validity. Was that you? Can't remember.
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Message 14 of 17
llecs
Moderator Emeritus

Re: I tried a DV, now I don't know what to do...



sidewinder wrote:
llecs--  Can you PM the link? I wouldn't mind reading over the case. I read on a previous post where a forum member actually used this case in writing to the CA and the CA challenged it's validity. Was that you? Can't remember.


Sent you a PM with the link. No, didn't post on that but it sounds like a good read to see the take on a CA's perspective.
Message 15 of 17
llecs
Moderator Emeritus

Re: I tried a DV, now I don't know what to do...

Message 16 of 17
Moderator Emeritus

Re: I tried a DV, now I don't know what to do...

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Message 17 of 17
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