Another Validation Question

Discussion in 'Credit Talk' started by mrmatt, Jan 2, 2014.

  1. mrmatt

    mrmatt Well-Known Member

    Hello All,

    I'm sorry to ask this, I've read through all of the sample validation letters but couldn't find one that pertained to my situation.

    I have a couple of Neg's on my CR that have incorrect dates for the DOLP. Does anyone have a sample letter for this situation that they have used with success that I can send to these creditors? Any help is much appreciated I need to get this junk off of my reports.
     
  2. jam237

    jam237 Well-Known Member

    DoLP is not a function of validation, validation is FDCPA specific not FCRA.

    You want to write a letter stating that a review of your credit file showed that they were reporting incomplete, inaccurate and unverifiable information on my credit report. Specifically that your company is reporting incomplete, inaccurate and unverifiable dates opened, closed, last payment and status.

    You want to demand that they provide complete, accurate and verifiable information as required by law.

    Then you want to IMMEDIATELY follow that letter with a dispute of the same information to the CRAs.

    Under the FCRA, a dispute of information sent directly to the DF is not an ACTIONABLE violation; but the dispute sent via the CRA is.

    So, the DF dispute is to provide them with the specific knowledge of the specific errors in the data, the CRA dispute is to make their performance of the dispute resolution actionable.

    If they verify the dispute incorrectly, they would argue that they didn't have the specific knowledge of the dispute (just the xx digit code that the CRA provides), you've taken away that defense by having the certified receipt that they received the same dispute, personally.
     
  3. mrmatt

    mrmatt Well-Known Member

    Jam,

    This is good stuff man!! I was getting ready to approach this at a completely wrong angle. You just saved me a boatload of time and heartache. Thank you so much!
     
  4. jam237

    jam237 Well-Known Member

    It pays to have spent years playing their game.

    BTW: Standard disclaimer: I am not an attorney, I don't play one on TV, and I am not providing legal advice.
     

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