Send procedural letter now or wait?

Discussion in 'Credit Talk' started by breana902, Jun 8, 2003.

  1. breana902

    breana902 Well-Known Member

    I disputed an account with transunion, came back verified. I tried again, but they called it frivolous. I did the two by mail. I disputed online last night to see if that would work. Anyway, I was wondering if I should just go ahead and send them the procedural letter instead of waiting for the frivolous letter again. The reason I ask is because this was a joint account with my dh and equifax and experian deleted it from his reports. (still waiting to hear from transunion). I believe both equifax and experian verified it for me also. So - should I go ahead with the letter now or wait out the dispute again?
     
  2. GEORGE

    GEORGE Well-Known Member

    CRA'S are the ones that are FRIVOLOUS!!!
     
  3. Butch

    Butch Well-Known Member

    Bump for Breana.
     
  4. breana902

    breana902 Well-Known Member

    Thanks Butch! Bump again
     
  5. Butch

    Butch Well-Known Member

    I can't believe nobody has an answer for ya.

    A fairly elementary question folks. Let's try it. If you're wrong I'll let ya know.

    What are yall's thoughts?

    (Yall's? - Oh geez)

    :)
     
  6. Butch

    Butch Well-Known Member

    Been lookin for an excuse to talk about the Demand for Procedures anyway.

    :)
     
  7. otto

    otto Member

    I'll give it a shot....

    I have seen great results from the following:

    Send dispute to CRA. Get green card back.
    Send validation to CA. Get green card back. Send estoppel 30 days later.
    When the CRA verifies, send them procedural request and CA's green cards. Then ITS CA for continued collection.

    My patience w/CRAs is very thin.
     
  8. Butch

    Butch Well-Known Member

    Well that's a pretty good overall procedure analysis Otto, but I think Breana is asking if she should go ahead with a Demand for Procedures now, with respect to where she is in her effort aginst this TL.

    ????
     
  9. otto

    otto Member

    Class is in session.

    If it were me, I would wait until the online results came back. It seems that sending anything to TU at this point will just give them an excuse to extend the 30 day verification.
     
  10. sassyinaz

    sassyinaz Well-Known Member

    <<insert dramatic fainting here>>

    Fave Butch growling dude,

    I know where ya got that ya'lls from, indeed, LOL

    You just want to be Fave Butch growling go to the head of the class Dude, don't ya?

    AND, it's summer vacation too!

    Give Otto an A+ already!!!!!!!!!

    Anything she mails to TU now they will consider additional information and add their 15 days.

    I like your process, Otto, you might want to consider switching to validation first, get the green card, dispute with the CRA's upon receipt of the green card.

    If you ask for validation and then dispute, it forces overlapping timeframes and a potential for violations, they can't verify without first providing validation.

    Sassy (I KNEW I shouldn't have peeked)
     
  11. breana902

    breana902 Well-Known Member

    Re: Re: Send procedural letter now or wait?

    But it's not a CA - it is an OC. My patience is also very thin now - just got another frivolous letter from Transunion today. Everyone can report inaccurate info about me - but I am being frivolous. Well - it finally happened - they all have me really po'd. Will explain later what I did - don't have time right now. Kids are home and it is finally sunny outside, first time in a month. Can't waste the sunshine!
     
  12. breana902

    breana902 Well-Known Member

    Re: Re: Send procedural letter now or wait?

    Ok, this is what I did -since it was an OC and not a CA. This same negative TL that has been verified for me has been deleted from 2 of my husbands so far. Anyway, I saw a message on another board and sassy suggested sending a letter to the OC. Letter should basically state that they are obligated to remove from all once they remove from one. So - that is the letter I have typed up and ready to go.
     
  13. sassyinaz

    sassyinaz Well-Known Member

    Re: Re: Send procedural letter now or wait?

    ok breana,

    Nodding, you're in a different place than Otto and an overall process.

    The OC isn't necessarily different, just different sections of the FCRA vs the FDCPA and options.

    Sassy
     
  14. otto

    otto Member

    Re: Re: Send procedural letter now or wait?

    Thanks Sassy!

    I messed up with my process posting, got my CAs & CRAs mixed.

    1. Validation request to CA, wait for green card. (30 days later estoppel)
    2. Dispute CRA, wait for verification (or deletion).
    3. Sue pants off CA for verifying before validating.

    Better?

    Although an OC does not have to validate the debt, you can request verification that the debt is yours or the amount is correct or whatever. If you get lucky (and I am), the OC will report different info on different reports. That way you can prove they are reporting incorrect information.
     
  15. sassyinaz

    sassyinaz Well-Known Member

    Re: Re: Send procedural letter now or wait?

    A++ Otto (that's from fave Butch growling go-to-the-head-of-the-class dude),

    Sassy
     
  16. breana902

    breana902 Well-Known Member

    Re: Re: Re: Send procedural letter now or wait?

    Thanks - I did do the above on any accounts that are not CA accounts. Only problem is - transunion sent me another frivolous letter today on one of them. THe OC is reporting different info amonst the reports however - so I guess I have them there. The one I am talking about at the beginning of this post though is listed twice on transunion. Once paying as agreed, the other one reads paid after charge-off. I have to search through the posts again to see what to do about them reporting differently - I know I saw something and I think I might have bookmarked it. Will search through later when I have more time. Thanks for all the info!
     
  17. bigmon

    bigmon Well-Known Member

    Re: Re: Re: Send procedural letter now or wait?

    Breana,

    Some states such as California requires the OC to follow the same rules as a CA. If you're in Cal. then the OC is required to validate.
     
  18. breana902

    breana902 Well-Known Member

    Re: Re: Re: Re: Send procedural letter now or wait?


    No, not in Calif - wish I was. I am in NJ
     
  19. sassyinaz

    sassyinaz Well-Known Member

    Re: Re: Re: Re: Send procedural letter now or wait?

    Breana,

    Send the procedural request as well, since frivolous again.

    You want "a description of the specific procedures followed to verify the inaccurate and incomplete information including the name, address, and phone number of WHO they talked to and when."

    A description AND the contact information specifically, that is is.

    Be sure to send it CRRR.

    You'll then have them all set-up to fall down all other each other, both the OC's (with the other letter) and now the CRA.

    Sassy
     
  20. breana902

    breana902 Well-Known Member

    Re: Re: Re: Re: Re: Send procedural letter now or wait?

    Thanks Sassy - will get it typed up tonight. I have quite a few I will probably send at this point. Too many differences amongst all the reports.
     

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