The document retention period is typically 5 years. That's how long businesses are LEGALLY REQUIRED to keep records around. Because it costs money and resources to keep those records, as close to that period as possible the records find their way to the shredder box for disposal. (Whether they're physical records or digital records.) An OC is not required to reply to a DV, a DV is specifically a FDCPA invention, so it only applies per say to CRAs and JDBs. Now, if your state's consumer protection law (CPL) applies the FDCPA to OCs, then you could do a DV under the state's CPL (and hopefully they don't invoke a contractual 'the laws of the state of ____________ apply to this contract" response). A CA/JDB will potentially produce a Chaudhry affidavit. A piece of paper that says "Yep, you owe it." So named for the lawsuit that gave birth to the document. CA/JDBs rely on a misinterpretation of Chaudhry v Gallerizzo, which they view in their light that validation is no more than a cursory function, as opposed to the Wollman FTC opinion which states that they have a duty to obtain from the original creditor and mail validation of the debt from the original creditors records. The CA/JDBs look at Chaudhry as a definition of what validation is, as opposed to stating what is reasonable or impossible for a CA/JDB to provide. In Chaudhry, the CA/JDB was trying to collect a debt on a collection loan. There were TWO items which the CA/JDB (CA Attorney, in this case) was being sued for not being able to validate. (a) journals that could be used to ascertain what specific legal work the law firm was doing that was incorporated into the amount of the debt, (b) fees that were due under the contract, but had not, yet, occurred. The court ruled that those specific items were not required to provide validation specifically because (a) work product - producing those journals could determine information which is protected by lawyer-client privilege, including potential legal strategies, and additional liabilities that the lawyer was researching in the matter, (b) they can only provide validation for something that has actually happened - not a contractual amount which was being added for a service that would be provided in the future under the contract. Unless those two specific instances are involved Chaudhry doesn't apply, but CA/JDBs will use it as their epitome of what validation is, hence the Chaudhry affidavit. Another typical CA/JDB response is to produce a crude print-out which they printed off of their own computer (or it is impossible to ascertain if it came from the OC or not). For those I typically reply back "Excuse me, the Wollman opinion says it has to come from the OC, I could print out a spreadsheet showing that you owe me a million dollars, it doesn't make it true."
So if I understand the above post correctly, I should dispute all acounts that are 5 yrs old or older as "not mine", be they OC or CA accounts, because it is highly likely that no docs exist to prove otherwise, correct? Don't use DV for cases 5+ yrs or older, because they may send something back that makes me "think" they validated when it is really isn't, and the truth is, no validation is likely to exist at this point, correct?
No.... Asking for DV doesn't isn't going to get the wheels turning at the CA to "create validation". Whatever they have, worthwhile or not, they'll send (if they feel like it), or they just won't respond. By disputing through the CRA first, and letting that dispute run its course, you're in a tougher position to THEN send a DVL and re-dispute the account again with the CRA. You stand a higher chance of the CRA coming back with a "already investigated" on your second dispute and sending a DVL on its own doesn't lock the CA down to any time frame BUT sending it certified, getting proof of delivery THEN disputing with CRA, locks the CA down to the 30-day time frame they have to respond to the CRA. The idea is, is that the CA cannot respond to the CRA without validating to you...and getting hit from both ends almost at once shows you know more than the average consumer and that, plus taking into account its age and past the SOL, should probably just make them want to delete and be done with you.
Next step: getting credit reports and credit monitoring. I've spent some time researching this site and the internet in general, but I have questions. I think I need a credit report from all 3 CRA's, and while there "all-in-one" offers, I think I need the official CR from each of the three CRA's separately and from their specific website, to be able to dispute any items, is that correct? RE: credit monitoring: I've decided to get one of the Equifax packages, unless someone has a better suggestion. I went to Transunion website to order a copy of my CR, and if I'm not mistaken, I have no choice but to sign up for a free trial of a monitoring purchase that I can opt out of later or pay a monthly fee - is that right? I couldn't find a way just to get a copy of my CR. If I have this right, maybe the best thing to do is get only the Equifax package that has all 3 credit reports, dispute on one (EQ), and when something gets removed there, get a copy of, Transunion and dispute those same items there, with already have a removal from another CR to help. Then later do the same thing with EX. OR..... should get all 3 CR's from each of the 3 websites and dispute on all at the same time?
Update: I signed up with Experian credit monitoring, and I got a copy of all 3 CR's. Interestingly, TU said my credit score was not available. They sent me a copy of my CR, but said since there was no activity in 2 years, no score was available. I don't understand why there wasn't a score, even an old one. ??????? I am taking 2 action steps at the same time: correcting erros to personal info, trying to delete all but my current address, etc., and trying to pay for 2 accounts. After that (which should be next week), I will try to get some old listings deleted. An interesting note: One of the accounts I am trying to pay for is a $50 account from an emergency room visit that is with a CA. I asked if they could delete once paid, and was told no and was told the reason was that my reason for the delinquency was not within the qualifiers to grant the delete. In fact, she said it was against the law to delete without good cause. So my reason was .....I was sick at the time, and by the time pay day came (every 2 weeks) and I was not sick, I noticed it had gone to collections already and I got frustrated by that short time span and l got frustrated by that short time span and just left it alone. I asked if there was someone I could write to ask for deletion consideration and I was given an address, so I will do that. BTW, my tone and approach were all very soft, understanding, cooperative, not strong and demanding. (be nice when you are asking for help) The other item I am trying to pay is a credit union loan that is now a judgment on CR. I called the lawyer for the other side to get info on the steps I should take. I was advised to contact that credit union. Then, after it is paid, they lawyer may provide info on removing it from CR or sealing the record with a court action. The credit union is in the south, and they have limited hours now due to snow and bad weather, so I have to try again tomorrow. Hopefully, by the end of the week, both are paid and steps toward removing will be in place. Next week: try to delete some older items. My goal is to have credit updated and a better score by end of March. (sooner would be great) Oh, and I want to take one more step ASAP: getting a secured credit card. I saw the section on that on this website, but not sure if that is old news or still current. Any advice on a short list a cards to consider?
Don't be too concerned with your FAKO scores, that's all you're going to get from them anyway. It's really just better not to talk to CA's on the phone. Whychat's method for med collections is probably your best route unless the OC is willing to recall the debt from the CA. Try for a secured card with whomever you have a banking relationship with. Are any of your reports cleaner than others? There are CUs like DCU that only pull from Equifax, and it's pretty easy to join ($10 donation to "something"), and IF in your case EQ was cleanest I'd say give them a whirl, but nothing wrong with sitting down with someone at your bank where you already have your checking/savings accounts and starting with a small $250-$500 secured credit card. Be sure to ask if it graduates to unsecured, after how long, once it graduates does it receive periodic automatic reviews for CL increases, etc. Make sure there is no AMF, and don't worry about the APR because you're not going to carry a balance!....not saying don't use the card, but use it for things you already need like gas and food, and PIF each month, or even better if they have online access (who doesn't?) make multiple payments throughout the month.
