DV Question

Discussion in 'Credit Talk' started by jmc912, Apr 26, 2013.

  1. jmc912

    jmc912 Well-Known Member

    So I know I already posted about this... but now I'm even more confused!

    I sent out 3 DV letters to 3 different CAs a few weeks ago. I got the green cards back, and waited 10 days and then got a TU report. They are not showing up as disputed on the report, which means that the CAs are still reporting to the CRAs, right?

    Someone on another credit forum said that they don't even have to respond to the DV letter. Is this correct? That seems weird.

    I don't understand what to do next. I originally was going to wait for DV and then try to PFD. The thing is that 2 of these accounts my husband never signed for services/authorized (they are medical), so I was kind of hoping they wouldn't be able to validate and just delete. But how do I know what the CAs are doing? Do I wait another few weeks and then contact them?

    I thought they HAD to respond if you asked them to validate.. Am I totally missing something here?
     
  2. mindcrime

    mindcrime Well-Known Member

    Even if they are showing as Disputed, the CA is still reporting. It just means they're complying with the FCRA by doing so.

    That's correct, a CA dos not have to respond to a DVL..... BUT they also then need to cease collection of the debt and that includes reporting it. They can't just ignore the request AND continue reporting the debt.

    As far as the next step....if the CA fails to respond to your DVL and does not mark account in dispute...you could:

    Send a follow-up DVL. This time including the violation on section 623 (a)(3) Duty to Provide Notice of Dispute and 809 of the FDCPA. You could include a statement about your 'pre' intent to sue if they do not comply. You may also want to file complaints with the FTC, BBB, your state AG, their state AG or financial regulation office. ...I don't personally believe there's a lot of weight with any of these....but....you never know. I have seen a time or two it/them help tip the scales some.
     
  3. jmc912

    jmc912 Well-Known Member

    Okay thanks! I'm a little less confused now. Hopefully they will just respond. Should I wait 30 days from when they received it and then send a follow up DVL?
     
  4. mindcrime

    mindcrime Well-Known Member

    30 days is a good measure of time to give the CA to acknowledge/comply with your request....not required, but looks better than you only giving 10 and firing off another.
     
  5. jmc912

    jmc912 Well-Known Member

    Thanks mindcrime!
     
  6. jam237

    jam237 Well-Known Member

    The CA only has to flag the file as disputed at their next regular update cycle.

    It's a double-edged sword, if they would send an update specifically when they've received the dispute, that in itself would be collection activity, for the same reason why answering a CRA dispute after receiving the dispute would be.

    That is why disputing now would be the best option, because it precludes them from verifying the account, without engaging in continued collection activity.
     
  7. jmc912

    jmc912 Well-Known Member

    Best day ever!!! I disputed the 3 bad guys who hadn't responded to the DV with Transunion last night and as of this morning all 3 got deleted!! Doing the happy dance over here!!!

    Now I just have 2 of those same bad guys on Equifax that I'm waiting on the results for... Hopefully they will just delete too!

    This just saved me so much trouble... So happy. I called my husband and he doesn't understand. He wasn't nearly as excited. I'm like NO this is a BIG deal! Yayyyyyy :) Going to check his scores now and hoping for a jump!
     
  8. jmc912

    jmc912 Well-Known Member

    I thought that removing 3 Charge-offs would have boosted his score more... only went from 628 > 642, but it's better than nothing!
     
  9. mindcrime

    mindcrime Well-Known Member

    Does he have other negatives remaining?
     
  10. mindcrime

    mindcrime Well-Known Member

    Congratulations! Always nice to hear the "Yayyyyyy's"
     
  11. jmc912

    jmc912 Well-Known Member

    He has 3 other negatives remaining on TU... One account that is due to fall off in December, a Service Credit Union account that should be removed within the next few weeks, and a Child Support case from CT that we are in the middle of disputing a late payment (it's inaccurate)

    As far as the others...

    Equifax: 2 that are falling off in December, 2 other bad ones that I disputed (the ones TU just removed, that I hadn't heard back from the DV), Service Credit Union (the one above that's coming off), and Child Support again (disputed there too)

    Experian: 2 that are falling off in December (same ones as on EQ) and Child Support...

    I've decided we are just going to wait out the ones that are falling off in December since we aren't trying to buy a house until early 2014. By then everything will be gone and he will have a clean slate finally!

    The Child Support thing is their error so hopefully they will take care of it soon. We are having a hard time getting in touch with them because we are stationed in Hawaii right now and the 6 hour time difference makes everything more difficult.

    It feels good to be taking steps in the right direction! Now if only he understood how much work is involved in all this haha :)
     
  12. jam237

    jam237 Well-Known Member

    Sometimes disputing within 6 months of fall-off helps it to fall off a little bit earlier (hint: if it's past SOL, and almost past reporting, and they've not been able to get anything, they start to possibly realize that it's not going to achieve anything over the next 6 months too. :))
     
  13. mindcrime

    mindcrime Well-Known Member

    That's why the bump wasn't as significant. Even just one late pay makes a score dive. The one due to fall off in 7 months probably isn't affecting/considering its age...but if the CU and the CS are much more recent (say within last 2 years), they're hurting you.

    I remember reading a post where a 30 day late showed up on a report and their score went down over 100 points. Gotta love FICO.
     
  14. jmc912

    jmc912 Well-Known Member

    Wow that's crazy!! The child support is from 2009, hopefully they can clear that up! They had it as 120 days late for a few months which I'm sure is killing him! The Service Credit Union is from 2011 but was an error and they are removing. Hoping to see a jump then! I have a spreadsheet and I'm tracking his scores and what changes were made so I'll be sure to make a post at some point at how certain accounts being removed affected his score.

    Jam... Do you think it's worth trying to dispute the ones that are close to falling off? I'm so paranoid to wake a sleeping giant. I check the SOL for Georgia and it's 4 years for oral contracts, 6 for written, 6 for promissory and 4 for open-ended. The debts that are about to fall off are medical debts, I'm assuming those are written contracts. They are both with Credit Financial Services. Can you help me decipher when you think they may fall off? I have conflicting information/dates on the two reports.

    For Credit Financial Services #1: $60
    TU Opened 11/2007
    TU Reported Since/Date of Status/Last Reported 7/2010
    TU Says it's due to fall off 10/2013
    EQ Says DOFD 1/2007 (I think this is an error since it wasn't opened until 11/2007)
    EQ Assigned 11/2007
    (Those are the only dates on Experian and it says nothing about when it will fall off)
    *This one is on all 3 reports

    For Credit Financial Services #2: $430
    EX Opened 11/2006
    EX Reported Since 2/2007
    EX Date of Status 3/2007
    EX Last Reported 7/2010
    EX Says it's due to fall off 2/2013 (it's still on there...)
    EQ Says DOFD is 5/2006
    EQ Says Date Assigned 11/2006
    *This one has fallen off of Transunion only

    Thanks in advance!! Sometimes these things are so confusing!
     
  15. jam237

    jam237 Well-Known Member

    CFS #1; know when to dispute and when not to dispute, if you dispute EQ DOFD should be 11/2007, they'll update it easily, and you'll have to live with it for 10 more months. DoFD is the date that the fall off date is decided from, take that date and add 7 years to it.

    CFS #2; I would dispute with EX, as obsolete, if EX verifies, I would dispute again threatening to sue for refusing to delete an obsolete account, which by their own report was supposed to have been deleted 3 months ago... That should get their attention, and delete the account, if not they're really just asking for a visit to your local federal courthouse...
     
  16. jmc912

    jmc912 Well-Known Member

    Thanks Jam!! Good advice. I will see where I can get with that.
     

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