Validate w/CRAs or CAs/Creditors

You validate with ca, you dispute with cra's. My approach is to do both. I dispute with cra and then send ca a validation letter. this way i make the ca prove that i owe them. At the same time. they cannot verify to the cra while i am requesting validation, so i catch somebody on a violation of the fdcpa.

 

You dispute w/ the CRA's:

NOT MINE or NOT ACCURRATE.

At the same time, send validation letters to all the CA/Creditors on your credit report.

 

The above statement is true only if you request validation within 30 days of receiving their initial notice to you. Otherwise, they can verify to the cra's when you request validation.

 

You are only partly right also LKH. You have to read the FDCPA AND the supporting letters of opinion and case law to determine when the 30 days started and ended. Did the collection agency/creditor send the original notice Return Receipt Requested..hmm? Then you never got it. The law would have no teeth if CA/Creditors could hide behind phantom letters they claimed they sent. The collector has to prove you got the initial letter. Also in one of the opinion letters the FTC lawyer clearly states that any continued reporting of negative information constitutes collection activity.

http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm

If they don't validate and want to continue to collecting the debt, then they CANNOT respond to the CRAs verification letter. You can go after the CA for violations of the FDCPA and the intransigent CRAs for trying to obfuscate and continue to report non-verifiable and incorrect information under the FCRA.

 

ok what if you heard from the original creditor but never the ca??? do you send validation to the ca and then dispute with the cra?? i have several collection agency on my reports i never heard from because i moved a few times if its that simple i will kick myself

 

Can you tell me where in that opinion letter you directed us to where it says how to determine when the 30 days started. Also, the letter states any continued reporting of negative info is a violation IF they have failed to respond to validation. They can report you during the 30 day period if they have not yet received validation.

Also, I suspect that if they sent out validation, and you claimed not to receive it, if they show a judge a copy of the stamped, addressed envelope, that would probably be good enough for the judge. I've seen it happen before.

 

I have had success removing about 8 accts from my CR using the validation ltr,

However, the original creditors that have not used a CA will not budge. They just ignore my cries for validation. When I call they say the account has been sold or transferred and they no longer have any record. They then made a change to the CRA so that my acct now reads - Actt transferred or sold. $ XXX written off/charged off. I have 5 accts left and just don't know what else to do.

Any takers? Any advise or info would be greatly appreciated.

 

The 30 day timetable is not in this letter, I said you have to look at case law and opinions to uncover what the full understanding of what the law is actually saying. Look at Spears v. Brennan (Indiana 7th Circuit) for a more in depth discussion of the 30 day timetable. Like most vague laws, the FDCPA has to interpreted in light of this decision. The court clearly makes that the receipt of the original letter from the creditor is sacrosanct. All legal remedies have to follow a confirmed receipt of that first letter. So you say..lwg8tr I got you, there is no specific statute, you're making the law say what you want. Well in this case look at the little gem about an attorney lumping in his fees with a judgment, find the statute for that one.

True I never argued that, I said after YOU initiate the debt validation process.

Really, where in the world would the CA get a stamped, postmarked, addressed envelope to you? I guess they would have to poking through your garbage at night. Wait a minute... maybe my overturned garbage cans at night arenâ??t raccoons or opossums. Maybe it's a guy in a biohazard suit from Sears, Gulf Sates or Citibank preparing evidence against me for some future court tussle. I've read your post for some time now LKH, you are a reasonable person, but you are reaching here pal.

 

What I am saying is if the ca addressed and used a meter machine for postage, and then made a copy, it would suffice.

You need to reread what I said. I said if they showed a copy of THE addressed, stamped envelope, it would suffice. So, no, I am not reaching. I personally think you are putting too much credence into what Mr. Bauer says.

 

I work as s senior software engineer at a very large debt consolidation firm. I get my info from our two full time attorneys. I'm sure I have the pedigree to speak from knowledge and experience. Metering machines don't keep a record of what address they metered to, and I repeat where would you get the addressed envelope? Well, this a stupid thing to argue about anyway.

Nice job on the close to 700 score. I too am emerging from my FICO 560 nightmare. I do know Bill and have gotten some great arrows for my quiver from him, but I will listen to anyone with contrary information. The one fact that is emerging in my credit repair odyssey is that the fight won't be bloodless. About a year ago everyone on CreditNet was using the simple CRA verification, a wimpy half solution to most credit problems. The CRA and CA are in the business of obfuscating and delay. Using the hammer of the law is the only thing to truly clean a nasty derog ridden credit file. I think our ranks will shrink when most people realize it takes more than a couple of phone calls, a dozen green cards and a few trips to the post office.

 

DID ANY OF YOU ANSWER HER QUESTION??? Don't be pontificating, answer the question...

I don't exactly know how to handle this but if the original creditor is reporting then he still has an obligation to report it correctly. I would send a certified validation letter to him tailored for your situation. If you havd done that, then I would follow it up and then send copies to the cra as proof ( How can they verify what you cannot). You could send letter to the ca, saying that you will only deal with the original creditor. Since they are not on your cr, this could work. The original creditor may then be willing to wheel or deal on it... I hope this helps.