times up for 2 CA's

Discussion in 'Credit Talk' started by gmaof1, Aug 28, 2003.

  1. gmaof1

    gmaof1 Well-Known Member

    Okay, here goes. Time is now up for 2 CA's, (31 days) and I have heard nothing from them. What's the next letter sent and where can I find one with the correct wording?

    The next issue is regarding listing disputed accounts as "disputed". I have disputed accounts on my Experian report. Some with CA's and some with CRA's. I got a updated copy of my report today and there is nothing listed as disputed. Do I have to wait for the 30 day time period to raise some heck?
    I'd love to just jump right into filing in court on either account, but know that this process takes patience!
     
  2. Flyingifr

    Flyingifr Well-Known Member

    I assume by the 30 days you mean you senta Validation letter. The CA is not required to rspond to a Validation letter if the CA ceases collection efforts.

    The basic gist of a validation letter is "Prove It, Drop It or Get Sued". Maybe they chose to drop it.

    If the 30 days applies to a FCRA dispute with a CRA, then they have 3 days to investigate. Sometimes it takes a couple more. Put away the stopwatch, no court will hold them to the minute.

    I am suing EFX over this but the 30 days stretched into 3 months. I believe the courts will hold them to that.
     
  3. gmaof1

    gmaof1 Well-Known Member

    Re: Re: times up for 2 CA's

    Yes, I sent all letters certified, return receipt requested to both the CA's and the CRA's.

    Just to make sure I am understanding you correctly, When sending a validation letter to the CA, they will do one of 2 things, either validate it, or drop it off my report. If they do not validate it or drop it, I sue. If this is indeed the case, how long after they recieve the letter should I wait to see which one they have done? (providing they do either)

    As far as the CRA is concerned, the stop watch will be put away, but should I send them another letter or just keep on waiting.....until 3 months is up?

    What about none of them being listed as "disputed"?

    Thank you for all your help. This is a bit overwhelming at the moment.
     
  4. lbrown59

    lbrown59 Well-Known Member

     
  5. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: times up for 2 CA's

     
  6. Phreedom

    Phreedom Well-Known Member

    Re: Re: Re: times up for 2 CA's

    I see one potential problem with the above letter:

    From what I've learned, a CA is not obligated to respond to a validation request. They can ignore you forever as long as they cease all collection activity.

    Correct me if I'm wrong but at what point are they in violation? I would suppose you could sue them for innacurate information. When you to court, you could argue you gave the CA reasonable and ample time to provide validation and they ignored you.
     
  7. gmaof1

    gmaof1 Well-Known Member

    Which ones do I send this to - the OC, the CA or the CRA?

    Thank you for your help
     
  8. robin

    robin Well-Known Member

    Re: Re: Re: Re: times up for 2 CA's

    They are in violation if they do not validate AND they verify with the credit bureaus. This is called continued collection activity. They are in violation if they do not mark your account as being disputed after they have received your request for validation wherein you say "this is a notice that your claim is being disputed" or something to that effect.
     
  9. etheral

    etheral Well-Known Member

    What's the next step ?
     
  10. etheral

    etheral Well-Known Member

    What's the next step lbrown 59? What happens if they do nothing?
     
  11. lbrown59

    lbrown59 Well-Known Member

    Re: Re: times up for 2 CA's

    Send estoppel letter above if it's been 30 days.
    If you do nothing it stays on your report.
    The CA keeps hounding you.
    They could sue you.
    Your other creditors could jack your rates.
    You could get jacked on insurance premiums.
    You could end uup with a default judgment against you.
     
  12. etheral

    etheral Well-Known Member

    Re: Re: times up for 2 CA's

    No, what I mean is after they don't respond to estoppel then what do you do? Again, Thank you for all of your help lbrown59, you have really changed lives in this forum.
     
  13. etheral

    etheral Well-Known Member

    Re: Re: times up for 2 CA's

    The reason I ask is because according to the Fair Credit Billing Act they must respond to your written dispute within 30 days acknowledging receipt of the dispute. They must resolve the dispute within 2 billing cycles (90 days max per cycle)= 180 (6 months) days is 2 billing cycles. So it can be up to 6 months depending on the CA's billing cycle. Am i correct?
     
  14. etheral

    etheral Well-Known Member

    Re: Re: times up for 2 CA's

    Bump
     
  15. etheral

    etheral Well-Known Member

    Re: Re: times up for 2 CA's

    bump
     
  16. etheral

    etheral Well-Known Member

    Re: Re: times up for 2 CA's

    bump
     
  17. etheral

    etheral Well-Known Member

    Re: Re: times up for 2 CA's

    bump
     
  18. GEORGE

    GEORGE Well-Known Member

    Re: Re: Re: times up for 2 CA's

    PETE AND RE-PETE WERE IN A BOAT...PETE FELL OUT...WHO WAS LEFT???
     
  19. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Re: times up for 2 CA's

     
  20. GEORGE

    GEORGE Well-Known Member

    Re: Re: Re: Re: Re: times up for 2 CA's

    RE-PETE
    <BUMP>
     

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