The way I read the FCRA, validation disputes must be instigated within 30 days of the first notice from a collector? Am I missing something? I sure hope so. I've just begun cleaning up my credit (as well as my wife's). We've got a couple of old collections showing up on my CR's that I don't even remember, but now I've got to figure out how to get rid of them. The first round of broadcast disputes has aroused both collectors and they have sent new notices attempting to collect on these 3-4 year old accounts. On the positive side, out of 72 individual items challenged between my wife's CR's and mine, 32 came off first try. Next step, I think, is to request specific info from each CRA re each of the accounts that were verified; i.e. who, how, etc. and demand a reply inside of 15 days. Am I on the right track here? T PS Thanks to those of you who have gone before. You give the rest of us courage.
You may request validation at any time. It's not a one-shot deal. Sometimes it is better to let sleeping dogs lie. Especially if the SOL has not run. SofaKing
How do disputes with awaken old creditors? Wouldn't they have to pull your report to see this activity and wouldn't that pull be showing on your report? Did you send letters to the CRAs or to the collection agencies handling the accounts?'
You may request validation at any time. It's not a one-shot deal. Sometimes it is better to let sleeping dogs lie. Especially if the SOL has not run. SofaKing How do disputes with awaken old creditors? Wouldn't they have to pull your report to see this activity and wouldn't that pull be showing on your report? Did you send letters to the CRAs or to the collection agencies handling the accounts?' Shirley Hereâ??s the section that concerned me: FDCPA Section 809. Validation of debts [15 USC 1692g] (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputedâ?¦.. Response to SofaKingâ??s: Does anyone know what the SOL is in California? I have not been able to find it. Right now these two debts (only $80 and $63) show up as open collection accounts- major negative. If I simply pay it, itâ??ll be my companion for the next seven years. Itâ??s not enough money to bargain over and from their perspective itâ??s not enough money to sue over. Presuming you are correct, and believe me I want you to be, but I havenâ??t seen it in the code anywhere, I would guess that they wonâ??t respond to a Validation challenge, because $80 isnâ??t worth $100 worth of someoneâ??s time to respond to. Response to Shirley: I woke the sleeping dog by disputing the Collection Account in the first place. I sent a broadcast, very simple dispute to the CRAâ??s. Basically, I listed all the lates, charge offâ??s, collections, etc. that were listed on each CR, and one by one, said â??Yuh, Uh!â? A little over half said â??Yuh, Huh!â?, and the rest either deleted the negative portion of the account information, or did not respond at all, in which case the entire trade line was deleted. For the record the breakdown was as follows: My CRâ??s: EQ: 1 Delete, 3 Changed to R1, 6 verified; EX: 2 Deletes, 3 Changed to R1, 6 Verified; TU: 7 Deletes, 5 Verified My Wifeâ??s CRâ??s: EQ: 7 Deletes, 4 Verified, 1 (Citi MC) says: â??Dispute- Resolution Pendingâ? (Methinks their 30 days are up); EX: 1 Delete, 3 Changed to R1, 6 Verified; TU: 7 Deletes, 1 Changed to R1, 7 Verified Totals: 25 Deletes, 10 Changed to R1, 35 Verified, 1 â??Dispute- Resolution Pendingâ? Not too bad for the price of six stamps. Tom
The SOL in California is 4 years. I had the same question you did about having to validate within the first thirty days. My charge-offs occurred in summer/fall of 98. My thirty days to ask for validation have long since passed.
What I don't understand is how does sending a dispute to the CRA alert the collection agency? Does the CA pull your report from time to time and happened to do so recently after there was activity on your report?
Thanks TCEast! Now the Big Question: What do I do with this information about the SOL? How do I use that info (do you have a link to the section of code that contains this?) to make the CA go away and take their derogatory listing with them? Thanks in advance! Tom
I got the information from www.cardreport.com/laws/statute-of-limitations.html. I am new to this credit repair business myself but I have to say that I have gotton more info from this board than all the books and websites put together. If I were you, I would just take an evening and go through the past posts that apply to your situation. You will get a wealth of information.
I don't know why that website is not printing correctly. Let me try again. www.cardreport.com/laws/statute-of-limitations.html. Anyway, if it doesn't work this time I'm sure you can figure out that word is supposed to be limitations
Validation and SOL have nothing to do with each other. Validation letters are sent to collection agencies to make them prove that the debt in question is yours. There are some on this board who say that the CA has to respond to your request for validation within 30 days of receiving your validation letter; others say there is no such time limit imposed. The Statute of Limitations is the amount of time that you can be sued for the amount owed. I've always thought the SOL applied to the original creditor's ability to sue you but I'm not positive. In any case, if past the SOL, one can send a cease and desist letter to the collection agency that says: (you can search C&D on this forum and find letters) You are ordered to cease contact with me regarding this debt as I intend to settle this with the original creditor... That gets the CA off your back and if the SOL has run out, the original creditor can't sue you. I've seen posts on this board that have warned not to send a C&D letter unless you're sure the SOL has run out.
