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Round Two Help

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jcstarkey8826
Established Contributor

Round Two Help

IS THERE ANYTHING ELSE I COULD/SHOULD BE DOING? OR DO I JUST SIT BACK AND WAIT?

 

I have remaining on my report 14 lates, 1 collection, 2 charge offs, and one judgement.

 

14 lates Ive GW'd but they process it as a normal dispute, disputed with CRAs as well... pending.

 

I sent a DV to the CA with a response back saying they are not required to provide proof of debt the. Filed BBB and FTC complaint against them. (crossing fingers)

 

I sent both charge offs certified dispute letters 2 months ago, with no response. Filed BBB and FTC complaint.

 

The judgement is from a credit card debt I paid off and the original woman said if I paid she would remove the judgement and CO, but after I paid and called back the rep informed me she was incorrect and it wouldnt happen. Filed these complaints today against them and requested they delete (crossing fingers)

 

 

 

 

In my wallet: Discover it 6800 CL, Capital One Quicksilver Sig 5k CL, Chase Freedom 4k CL, GCU Patinum Visa 1500 CL
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3 REPLIES 3
RobertEG
Legendary Contributor

Re: Round Two Help

What is your basis for asserting that a debt collector is required to verify a debt?

FDCPA 809(b) requires that they cease collection on the debt until they provide verification, but does not compel verification.

 

What was your basis for dispute of the charge-offs?  If you actually filed a dispute, they were required to either investigate and provide results to you or to hold the dispute as frivolous or irrelevant for lack of proper basis for dispute, either within the 30 period set forth in section 623(a)(8).  You would appear to have basis for asserting non-verifcation within the statutory period, and thus basis for deletion of the disputed info.

Message 2 of 4
jcstarkey8826
Established Contributor

Re: Round Two Help


@RobertEG wrote:

What is your basis for asserting that a debt collector is required to verify a debt?

FDCPA 809(b) requires that they cease collection on the debt until they provide verification, but does not compel verification.

 

What was your basis for dispute of the charge-offs?  If you actually filed a dispute, they were required to either investigate and provide results to you or to hold the dispute as frivolous or irrelevant for lack of proper basis for dispute, either within the 30 period set forth in section 623(a)(8).  You would appear to have basis for asserting non-verifcation within the statutory period, and thus basis for deletion of the disputed info.


The collection Im not too concerned with, will be falling off next year, but They mailed settlement letters stating their attempt to collect on this debt. Got it last week, but never received their verification?

 

The CO's I never heard back from. It in no way should have been frivolous, as it was the first and only dispute I filed with them. I requested validation of the debt balance and explained my mother was the primary borrower and I was never contacted regarding the debt not being paid. So before I made any payment arrangements, I requested validation. No reply other than settlement offer letter attempting to collect debt as well.

 

Both letters state the attempt to collect a debt btw

In my wallet: Discover it 6800 CL, Capital One Quicksilver Sig 5k CL, Chase Freedom 4k CL, GCU Patinum Visa 1500 CL
Message 3 of 4
jcstarkey8826
Established Contributor

Re: Round Two Help

GREAT NEWS to start the day off! I checked my email today and had a response from MDS for my only collection account. I complained because I asked for DV and received nothing, they said they sent a response (dont know where?) but they were going to remove the debt from my reports!

 

question, they said they were going to send it back to the hospital, but when I talked to them before inquiring about the charges and said I would talk to the hospital. The hospital said they wrote the debt off and sold it to the CA, the CA said they bought the debt and I had to handle it via them.

 

Now theyre saying theyre sending it back? How does that work?

In my wallet: Discover it 6800 CL, Capital One Quicksilver Sig 5k CL, Chase Freedom 4k CL, GCU Patinum Visa 1500 CL
Message 4 of 4
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