Re: Re: Experian's VERIFICATION (ha!) ok, here's the update...i sent CA validation CMRR on thursday 03-18 and they signed for it on saturday 03-20 (tracked online). i mailed the PD to EX 03-22. here is the actual letters i sent (tweaked from the letters i posted previously: VALIDATION LETTER SENT TO CA RE: Account #######/XYZ Bank Dear Sir/Madame: I recently pulled my credit report and found the above collection listed. I have NEVER been contacted by your company regarding this debt. Nor was I ever contacted by XYZ Bank. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form. Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you. I am requesting that you notify all of credit bureaus that this account is â??disputedâ? or that you delete this account until this matter is resolved. This is required by the Fair Credit Reporting Act. You should also be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me. Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees. Sincerely, dilla CREDITOR DISCLOSURE STATEMENT 1. Name and Address of Collector (assignee): _________________________ 2. Name and Address of Debtor: ____________________________________ 3. Account Number(s): ____________________________________________ 4. What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms. 5. Have any insurance claims been made by any creditor or assignee regarding this account? YES/NO 6. Has the purported balanced of this account been used in any tax deduction claim? YES/NO 7. Please list the particular products or services sold by the collector to the debtor and the dollar amount of each: Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein and pay debtor for all costs and attorney fees involved in defending this collection action. ________________________________ Authorized signature for Collector ___/___/_____ Date Please return this completed form and attach all assignment or other transfer agreements that would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts. PROCEDURES REQUEST SENT TO EX This letter is in response to your correspondence regarding my dispute. The Experian Report Number is #######. The item from my credit report that is being disputed has an account number is ##### and is in the amount of $87. In your letter, you state the following: The federal Fair Credit Reporting Act states that you may: --request a description of how we verified the information, including the business name and address contacted and the telephone numberâ?¦; --add a statement disputing the accuracy or completeness of the information; and --request that we send these results to organizations who have reviewed your report in the past two years for employment purposes or six month for any other purposeâ?¦ I am hereby exercising my rights as detailed by the Fair Credit Reporting Act - § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i], Paragraph 7, which states: (7) Description of reinvestigation procedure. A consumer reporting agency shall provide to a consumer a description referred to in paragraph (6)(B)(iii) by not later than 15 days after receiving a request from the consumer for that description. Fair Credit Reporting Act - § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i], Paragraph 6, Section B, Item III states: (iii) â?¦requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisherâ?¦ I am hereby requesting a description of how my dispute was verified, including the business name, address, phone number and any other contact information pertaining to my dispute. In addition, I am also requesting that my updated Experian Credit Report be included with your response. Sincerely, dilla i'll let you know how they respond. i'm still trying to get all deadlines straight in my head. dilla
Re: Re: Experian's VERIFICATION (ha!) EX signed for PD on March 24th and i received a letter from EX today dated March 30th stating the following: my limited knowledge of the FCRA tends to agree with what they state in the last paragraph. my understanding is that the CA must provide all the original evidence regarding the debt. also included with this letter was the tradeline for the collection in question, the CA's name and address, and name of the OC. now, i've read all about the generic responses CNetters have gotten from EX, and this appears to me to be one of them. i can't imagine this is their PD response...because if it is, according to: from FCRA (6)(B): (B) Contents. As part of, or in addition to, the notice under subparagraph (A), a consumer reporting agency shall provide to a consumer in writing before the expiration of the 5-day period referred to in subparagraph (A) --(i) a statement that the reinvestigation is completed; --(ii) a consumer report that is based upon the consumer's file as that file is revised as a result of the reinvestigation; --(iii) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available; --(iv) a notice that the consumer has the right to add a statement to the consumer's file disputing the accuracy or completeness of the information; and --(v) a notice that the consumer has the right to request under subsection (d) that the consumer reporting agency furnish notifications under that subsection. this letter they sent me doesn't satisfy (6)(B)(i) (6)(B)(ii) (6)(B)(v) [/list=1] if this is not their PD response, what is it??? dilla .
Re: Re: Experian's VERIFICATION (ha!) This is their form letter explaining that they are NOT REQUIRED under most circumstances to obtain VALIDATION, or any documentation to back up the data furnishers information. All that they have to do is ask the data furnisher to provide them a YES or NO. Yes, the trade line is correct, or No, the trade line is not correct; we want to update it as shown below.
Re: Re: Experian's VERIFICATION (ha!) ok, so now what do i send them now?? the way i see it, this PD response is in violation of the 3 items in my post above. in addition, technically they were late with their response to my PD letter. they signed for my PD on the 24th and their response was dated March 30th, 6 days later... FCRA (6)(b): (B) Contents. As part of, or in addition to, the notice under subparagraph (A), a consumer reporting agency shall provide to a consumer in writing before the expiration of the 5-day period referred to in subparagraph (A) from what i read, the FCRA requires EX to respond within 5 days (note it doesn't say business days). that's 4 violations i count. please tell me i'm right (or at least close!) thanks in advance, dilla .
Re: Re: Experian's VERIFICATION (ha!) The procedures that they sent you, is completely different from the PD response. And they have 15 days to send a procedures response.
Re: Re: Experian's VERIFICATION (ha!) so i should be receiving their PD response soon, and it should be postmarked by today (the 15th day after they signed for my PD)??? dilla .
Re: Re: Experian's VERIFICATION (ha!) What may have happened, is that they read the letter as being only a request for procedures. OR *GASP* they may have actually decided to investigate (nah, that couldn't happen), but I would wait out the 30+a week for mailing, and see if you receive anything else. If they would classify the PI's as 'frivelous' they would have a 5 day limit, I think that they just use a twisted interpretation of 'reinvestigation required' to interpret that as only requiring them to do 1 investigation, ever... A frivelous dispute has a 5 day response deadline. A procedural request has a 15 day deadline.
Re: Re: Experian's VERIFICATION (ha!) wow slow down there, the 5 day period you are refering to as a violation is for debt collectors to respond to your dispute meaning to acknowledge your letter of dispute and send you proof within the 30 days time limits. the 5 days does not refer to the CRA. the CRA have 15 days to send you procedures after you request them but good luck they never do. I have found 90% of the time they claim electronically that way they dont have to give you a name of a person from the co. just an address. dont take anybodys word that the CRA actually investigated your dispute because they have too many people and no time do you really think this occurs. these violations are meaningless unless you plan to sue the CRA which is a major deal. I do however think your letters are good, just need a little tweeking on the laws but good.
Re: Re: Experian's VERIFICATION (ha!) i'm kinda stuck here guys!! dilla Any non stick suggestions anyone? ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
Re: Re: Experian's VERIFICATION (ha!) are you still waiting for validation from the CA ? If I understand you right you disputed the TL with the CRA and it came back verified or remains. so you wrote a letter to the CA asking for validation and noted that you dispute the acct. I would do 2 things now. 1. send the CA a letter CMRRR and put the tracking # on the letter stating that you requested validation back on ______ date and they have failed to respond and that they have since verified the acct with the CRA which is a violation of the FDCPA for continued collection activity and a violation of the FCRA for furnishing inaccurate UNVERIABLE info. and request a letter of deletion immediately. 2. notify the CRA that the CA no longer has the acct so they can not verify it this will cause a re-investigation to happen and may get the acct deleted. if the CA verifies it again its another violation. in the meantime if the Ca refuses to delete and fully validates the acct and you agree you need to make a decision there of what you will do, however if they don't validate and update the report file a complaint with the BBB and send an ITS letter to the CA. and list all the violations. keep osting we will help you through all the steps hope this helps
Re: Re: Experian's VERIFICATION (ha!) yes. i sent the CA a validation letter CMRR on 03-18-04 and they signed for it 03-20-04. i still haven't received anything from them in response! yes. when i first pulled my credit reports on 02-12-04, one of the first things i did was call the EX dispute line (i didn't know any better then). i got a letter from EX on 03-18-04 simply stating that the outcome of their "verification process" was "remains." here's what i did: 02-12-04 - phone dispute with EX 03-08-04 - EX sends letter stating that the item "remains" 03-18-04 - validation send CMRR to CA 03-20-04 - validation signed for by CA 03-22-04 - procedures demand sent CMRR to EX 03-24-04 - procedures demand signed for by EX 03-30-04 - letter from EX states item was "disputed by customer" and was "verified and updated on 3-2004.[/list=1] tracking number of which letter, the original validation letter, the one i'll be sending, or both??? they are in violation because they verified the item with EX but never sent me a response to my validation letter, do i have that right? what do you mean the CA no longer "has the acct?" i'm sorry, i'm not sure what you mean by this. thanks in advance! dilla .
Re: Re: Experian's VERIFICATION (ha!) dilla, I meant put the Tracking # from the CM certificate on your letter that you mail to the Ca.if you need to send them anything further. has the Ca communicated with you at all since you sent the dispute and request for validation? if they did they are in violation of the FDCPA when I said to contact the CRA and tell them that the CA no longer has the acct this was to get them to re-investigate it and maybe get the CA to violate the FDCPA by verifying the debt that they have not validated. if you tell the CRA the CA no longer has the acct how can it be verified so the CRA may delete the acct or pull that it has already been investigated, then you can mention they failed to comply with your procedural request. so get ready to file your suit
