Validation is Critical!!!! First Round of Disputes some Success but more work to do

[WinningEveryday]

The Journey

I here to provide data points to help someone else out. I sent in a 609 Dispute letter that go 3 delections and some information for future delections. I got a stubborn Discover account and some collections left to work on.

Got 3 accounts deleted. Funny thing is when you get these accounts got deleted and I still have baddies you get 3-4 points increases. They love to tease!

So at first I thought the 609 letter worked I got full delection from Exquifax on the Discover and saw a credit score of 752 I was doing the happy dance!!!

Alas it was short lived it was back within a week. So I sent Discover a valdation letter - I know I know valdation letters are for people that the orignal creditor has sold the debt too.  I also followed up with a SOL letter. They can't sue me or collect the debt now. My goal is get enough data to sue them.

The stuff on my credit report is wrong. I am finding out that Discover doesnt have the records on hand- so I am wating to see if they ignore the validation letter and SOL letter. Based on the fact that they sent me statments in response to my 609 letter they are not going to ignore it.

My plan is once I find out what they have on hand is to file a lawsuit to get that off of my report. I read that after 6 years most credit card companies do a data dump- so if my theory is correct they don't have the records to fight a lawsuit- I could be wrong but I am waiting to find out.

Literally it is the only thing holding me back from a 750 credit scores across the board. They are reporting it with the debt owe fortunately for me I don't use my personal cards that much so even with that my overall utiliazation is 3%

Also this is an closed account but Discover keeps doing account revewis on my files via soft pull inquiries which I found interesing. I pretty much laid low while all of this is going on - so there was nothing to find. So we are waiting on Discover before I send out my second round of disputes.

Collections

I call up the collection companies to do a pay for delete. I know that was risky but I got the cash on hand in case they come after me. The guy on the phone was very cagey and firmly stated they would not send out a letter stating they would delete for payment. He did say if I paid the collection they would delete it within 30 days after getting payment. He keep saying they were in business to make money.

Honestly I did not trust this guy. So I hung up and did some more research. 

So I sent out a valdiation letter  the next day well - MONTHS AFTER THEY SENT ME A LETTER-  I was trying to work a deal with the orginal creditor but since they sold the debt they would not take payment. I have seen on here that you need to validate within 30 days of getting that notice from the collecton company- NOT TRUE!

I checked my credit report today and that collection account is GONE!! it was for $15,000 I offered them $3000 the guy on the phone said they would not take $3000. Funny thing is now they get nothing because they did not want to play ball!!!! 

The second collection company I could never get on the phone. They got the valdation letter on the 27th of Dec so I am waiting to see what they do the collection is way smaller like $1700 so I have a feeling they would do pay for delete if I could ever get in contact with someone so I am waiting on a response.

Lessons Learned:

609 Letters do Work to a degree

ALWAYS ALWAYS VALDIATE - SAVED ME $3000

never ever give up

[vntrsc]

You stated:

"So I sent out a valdiation letter  the next day well - MONTHS AFTER THEY SENT ME A LETTER-  I was trying to work a deal with the orginal creditor but since they sold the debt they would not take payment. I have seen on here that you need to validate within 30 days of getting that notice from the collecton company- NOT TRUE!"

In order for a debt collection agency to cease collection efforts, a validation demand must be sent within 30 days of the initial communication from that agency.   Upon receipt of a timely demand, the agency cannot continue collection efforts until it responds with validation.  See 15 U.S. Code 1692g.  

If sent at any other time, the collection agency is free to ignore it and continue collection efforts.  

[FireMedic1]

Most if not all wont send verification of deletion letters due to the agreements they have to report correctly to the CRA's. They dont want them used as a dispute thing. They delete on their own and dont have to provide a reason why. Do what you have to do. But dont expect letters in return. Congrats so far. Hopefully it doesnt show up again. Some things are removed and then placed back on files updated. Good Luck!

[WinningEveryday]

Okay why did they remove the collection after I sent the validation letter?

First of all they don't sent these letters cerfitied so there is no proof I got it- the devil is in the details my man. I could of moved the possiblies are many the rules are not written in stone.

[FireMedic1]

One example. Possibly the debt collector didn't send sufficient proof of the debt. They are not allowed to continue pursuing you for the debt. That includes listing the debt on your credit report. You can dispute the debt that hasn't been adequately validated with the credit bureaus. There are other ways things get deleted after validation letters. SOL, DoFD, ect.

[Cowboys4Life]

"My goal is get enough data to sue them.

The stuff on my credit report is wrong. I am finding out that Discover doesnt have the records on hand- so I am wating to see if they ignore the validation letter and SOL letter. Based on the fact that they sent me statments in response to my 609 letter they are not going to ignore it.

My plan is once I find out what they have on hand is to file a lawsuit to get that off of my report. I read that after 6 years most credit card companies do a data dump- so if my theory is correct they don't have the records to fight a lawsuit- I could be wrong but I am waiting to find out."

What data are you referring to?  The FDCPA does not apply to original creditors and you are taking a major risk in that Discover is one of the toughest and will go out of their way to spank you hard for trying something frivolous.  Whether they ignore you or not the chances that you get a deletion based on a lawsuit are slim to none.  WHERE did you read that the creditors do a data dump after 6 years?  I have NEVER heard that.  It sounds like out dated data back from when they did not retain physical records.  In the digital era that is no longer accurate.  Infinite storage is possible.

Discover has ZERO obligation under any law to capitulate to your demands for documents unless they are in litigation with you.  DO NOT think for one second they do not know this.  They are one of top 3 aggressive creditors in litigation and employ some of the most diligent law firms.  

"Also this is an closed account but Discover keeps doing account revewis on my files via soft pull inquiries which I found interesing."

As long as you owe them money they can pull your credit. Even if they are no longer reporting to the bureaus and you still owe them money they can pull.  

My opinion is that you got lucky that the outdated "jack attack" letters got you deletions.  Your bold statements about disputes is misguided and inaccurate.  

[WinningEveryday]

The reporting on my credit file is wrong. I went through a very hard time and all of my credit went bad at the same time. They are saying it was 2016 but is was 2014. If they are reporting wrong information - I CAN SUE THEM - spank me hard?  They can't collect on the debt do to SOL so what risk am I taking?

I will take luck any day of the week my man - any day better to be lucky than dead.

[FireMedic1]

If its from a CO. The only date that matters is the date of the first 30 day late that led to the charge off status string. It falls off then no matter if they update things or not. So look at your reports and look for the date of first deliquency, add 7yrs. There you go its toast. But it can carry 180 days after 7yrs. But it usually falls off at 7. Some earlier on TU.

[OmarGB9]

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@WinningEveryday wrote:

The reporting on my credit file is wrong. I went through a very hard time and all of my credit went bad at the same time. They are saying it was 2016 but is was 2014. If they are reporting wrong information - I CAN SUE THEM - spank me hard?  They can't collect on the debt do to SOL so what risk am I taking?

I will take luck any day of the week my man - any day better to be lucky than dead.

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If it's inaccurate, that doesn't automatically mean you can sue them. You must first dispute the inaccuracies and allow them an opportunity to fix it. Only if they refuse do you start having the right to sue.

Also, you're incorrect. Just because SOL is expired, it doesn't mean they can't continue to try to collect. They just can't legally SUE you to do so. But they can continue to collect indefinitely, unless you send them a cease and desist letter.

[bass_playr]

I am confused.  Why do you wish to sue them?  

This is your debt, isn't it?  You've already admitted this in your earlier post, and that's a post on a public forum that you made.  Why in the world would you try to sue them over a debt that you've admitted you stopped paying on in 2015-2016?  Admitting it's yours means you would make a BIG mistake suing them over it.  

See, I don't know how much experience you have with consumer litigation.  I am not an attorney but have experience in this arena as a plaintiff, and as a defendant.  Suing them and losing means they are going to pursue you for their legal fees and court costs.  And you'll likely be on the hook to pay them thousands....for what?  

Please, for the sake of your credit, your wallet, your future finances and your sanity, stop worrying about suing Discover.  You're setting yourself up for a painful fall.  If it weren't your account, my position would be different, but you've already told us that it is.  

You said that they cannot sue you.  This appears to be correct.  But you also said they cannot collect....and that is false.  The SOL in almost every single state means they can no longer take legal action to collect....but it does NOT mean they cannot collect.  Please, don't dismiss our advice to you.  You are eager, and that's good.  But all speed and no vector is disaster waiting to happen.  

I get the feeling you're trying to get this off of your credit reports.  I get that.  But you're almost with the 7 year period.  Before you know it, they will be removed due to the FCRA time reporting requirements.  You have three choices.

1--pay it and ask for PFD, or at least it would show as a paid collection and stop updating.

2--don't pay it, and let the account fall off after its 7 year run.

3--try to force the issue due to impatience, and sue them.....and lose bigger than just paying the debt would probably have been.

Understand this--if you sue them, and they win, you will most likely be ordered by the court to pay their expenses of the suit--which usually runs into the thousands of dollars.  That is it--those are your only three options.  This is not a sprint, it is a marathon.  People on these forums have often spent years cleaning up their credit and many still haven't hit 750 yet.  But you're going about this all wrong, and it's going to cost you if you insist on following this course of action.  Again, I'm no attorney, but you're talking about suing them over an account you already admitted is yours, and that you stopped paying on it almost 7 years ago.  That alone is ALL that they need to show the court to prove that they have the lawful right to report it on your credit.  With no disrespect whatsoever intended toward you, stop looking for loopholes and technicalities and follow the tried and true.  Over the last 6-8 years, my credit scores have literally improved over 200 points.  I'm not where I want to be just yet, but I'm not in the 400s anymore either.  Stop trying to rush this and follow what has been proven to work.  It will work for you just like it's worked for everyone else who has done it that way.