CHOD has begun

Who says? If I chose to send my disputes regular mail, then it's my choice. I have never had a problem sending them that way. Where does it say that all letters should be sent CRRR?

I have no intention to sue, and my financial situation is none of anyone's business. It happens to be Christmas time, I choose to spend my money elsewhere because I have 37 cent stamps in my house. The $12 I saved by not sending them CRRR is going to a family that needs things this time of year, not that I should have to explain myself to you. What of it now? I chose to be charitable this time of year instead of sue happy.....which is the reason you send things CRRR anyways.

 

I fax all of mine, and have never had even one problem. Just my opinion.

 

I can really care less - be my guess and save your $4


-Sal

 

Edit - "be my guest" lol

 

It's real simple guys. A record of mailing creates a presumption that the addressee received it within a reasonable time. Absent other evidence, the addressee's statement that it was not received or that it was received untimely is enough to rebut the presumption.

The exact time of receipt is important because of the statutory 30-day investigation period. I don't understand why anyone would give a CRA any wiggle room on when the thirty days started.

The CRRR is evidence of when it was received.

I have personally quashed service of a lawsuit that was originally served regular mail. NO green card, no proof that I got it. My notion to quash was a slam duck. Judgements are routinely vacated for the same reason.

It's a different story if you refused a certified letter as opposed to not receiving something sent regular mail.

If you trust the CRAs to timely acknowledge your dispute and not play any games, then by all means send it regular mail.

 

cannoda,

I couldn't have said it better myself - I just cannot see why some people just don't get the concept?

Honestly, I can understand if a person wants to send some disputes regular mail AFTER THE HOLIDAYS. But during CHOD (this comes but once a year) why skimp?



-Sal

 

As most of ya know, I have almost always used CRRR, but this time, with hubby's CHOD disputes, I did not. They are going out tomorrow, but I want to get them into dispute within the week. With the overwhelming amount of mail they are receiving right now, I don't want to wait two weeks for them to sign (or stamp) the green card and get it back to the post office. I'm not trying to build a paper trail here and unfortunately these are not situations in which I could file a lawsuit, so I'm going regular first class mail.

CRRR is the preferred way, IMHO, but there is a place for regular mail. Whomever it was that said there is a presumption is correct. If you have a copy of the signed letter, there will be a presumption that it was mailed. We send pleadings by mail all the time and in some cases, serve summons with notice by first class mail simply with an affidavit of mailing.

If you have a potential lawsuit and are working on that papertrail, then I would always recommend CRRR. If not...then whatever you feel comfortable with. The first few disputes I ever did back before I knew what I was doing were regular mail. They went into two different lawsuits as exhibits to my complaints right along with the CRRR's. No problem there.

Nothing to argue about any way. Everyone has their own strategies and what works for one won't work for someone else anyway. Besides...if you make a mistake it just gives you an opportunity to try again


L

 

EX signed for mine on the 27th, EQ and TU signed for them on the 29th...Let The Games Begin!!!! Good luck to all during CHOD 2002!

 

The statutory 30 day requirement is not a strict requirement, it is "in general". Look at the first two words of 15 USC 1681i, they are "In general..." Furthermore, the FTC interpretation of 15 USC 1681i states that "...a 'reasonable time' for a particular reinvestigation may be shorter or longer depending on the circumstances of the dispute." 16 CFR Pt. 600, App. So, IMO, we can't hang our hats on the 30 day period.

Now, I do send my disputes CRRR, it is the cost of doing business, IMO. I notice that Trans Union will stretch out the clock. On several occasions, they said that they received my dispute a week after they signed my green card. When I called them on it, they told me that they did not assign the case to an investigator until a week following receipt of my dispute. I said "No Sir, that is not what the FCRA states.."

 

I believe we can. These particular statutes are very clear in some areas and while this portion says "in general", further on in the statute it gives the exceptions...i.e. if further information is sent in by the consumer, they can extend by 15 days, etc.


L

 

Go CHOD! I got my first green card back yesterday - TU - it was received after turkey day which means they have roughly 3 1/2 biz weeks, given the holidays.

 

You should also looik at it from the point of view that when you incrase your score, that you pay lower interest rates.. so in effect, paying an additional $4 or so per letter is minimal compared to how much you can save on your mortgage/car loans, etc. that is the way I look at it.. good luck with everything..

 

I received my green card back from experian last saturday, but as of yet, there are no disputes pending on CE.

The only thing that really concerns me here is whether they throw them out and declare them frivolous. Is this something I should be concerned with?


-Sal

 

Sal, by law they are required to provide you with notification sent within 5 days of receiving your dispute, that they consider your dispute frivolous. If they don't do this, they are required to stick to the 30 day deadline regardless of what they think of the dispute. If they consider it frivolous, then don't notify you, it is in violation of the FCRA.

 

If the CRA determines that your dispute is frivolous, they must notify you in writing within 5 days after making that determination. 15 USC 1681i((a)(3)(B)

 

CMA,


What do you think is of the following thread? - It looks like the CRA's are trying to screw everyone (once again)

http://consumers.creditnet.com/stra...hreadid=38193&perpage=20&pgnum=1&pagenumber=1

 

IMO, unless the consumer provides additional info., it seems like a justifiable position for the CRAs to take.

If the consumer provides new additional info., then they should not be able to rest on their previous determination. IMWO

 

Sal, I've received my green cards back except for Equifax, and the 30 day limit started 11/26. I have yet to see anything in dispute online, or recieve any correspondence from a CRA.

In brief (and IMHO) the CRA only has 2 options for denying a dispute:1) determining it is frivolous, 2)deferring re-investigation until more information is gathered from the disputer (us)

I've had both happen to me. On #1, if they haven't contacted me within 5 days of determining my dispute is frivolous, I send a follow-up letter citing the FCRA and demand for payment of violations incurred with an intent to sue if not corrected. This has gotten me what I wanted most of the time (they delete the disputed items-I don't allow the re-investigation process to re-start!)

There is nothing in the FCRA that states a CRA may deny a dispute-especially if you are disputing the item for different reasons than you may have two months before. I agree with Lizardking regarding this.

On #2 they requested a copy of my drivers license which is just a stalling tactic. Since that time I've supplied my SSN, DOB, Address, Phone Number and have had no issues since.