What now?

Discussion in 'Credit Talk' started by uniondiva, Nov 13, 2001.

  1. uniondiva

    uniondiva Well-Known Member

    I just got back the results of an investigation submitted to equifax. They verified both items. I also had sent letters to the ca so they just not have been able to verify ( am i right).

    so now i know that i send a letter requesting procedured used ( they did not list a phone number for one of the ca btw). But what is there response supposed to look like.... any one have any examples???

    And at what point (if any) do I contact the collection agencies to find out if the items were in fact verified ??? I want to send the letters first thing in the morning so please help,
  2. bbauer

    bbauer Banned

    I really can't tell if you are right or not. That's going to depend on multiple factors. What you sent to the CA, how your timing was, other factors as well. If I had all the facts, I'd know if you were right or not.

    I don't. It's pretty muchly an exercise in futility trying to flutz with them in the first place. And the answers you get back from them are nothing more than an insult to human intelligence anyway.

    I've never done that. There are much more important matters to consider, more important fish to fry than worrying about whether the pigs grunted or oinked or what. One of them lies and the other swears it was the truth. Can't get nowhere that way.

    What letters?
    I'd love to help you as much as I can, but you apparently haven't given me all the info I would need. On the other hand, if all you are going to do is get into spitting contests with the pigs, maybe I can't help you at all.
  3. uniondiva

    uniondiva Well-Known Member

    okay bill,

    I sent equ a dispute letter for two collection accounts. One is a medical account , the other is small account (both are under $100).

    I also sent the ca's validation letters (but no response from them yet).

    I know they cannot verify the medical account. The letter i got back today said the verified both accounts (???)

    so if my next steps are wrong, which ones are right???

    i was planning on sending procedure letter to equfx tomorrow(??)
  4. bbauer

    bbauer Banned

    Well, ok.
    How long ago did they receive the validation letters you sent them?
    How do you know they cannot verify the medical account?
    That's par for the course. I hope you didn't think they would admit they lied, did you?
    Depends to some small extent on how long ago it was that the collection agency got your demand for validation. Let's find that out.
    Well, in the first place, you are not likely to get anything more intelligible than you would get out of a herd of pigs. Grunts, squeal, oinks, that's about it. And that's if you are lucky. They already told you they verified it, so you got your answer. I ask them that too, but I do it all with one letter. Then they either tell me or they don't. I really don't care. I take whatever they tell me as being the truth and let it go at that. They claim they verified it, then they verified it. I couldn't care less how they did it. But then I don't dispute with the credit bureaus in the first place. I leave that silliness to the credit repair organizations. That's their specialty from what I hear.

    What you need to worry about is that collection agency. That's what I think.
  5. uniondiva

    uniondiva Well-Known Member

    the letters to the ca were sent about 20 days ago. what should i expect? what's next
  6. bbauer

    bbauer Banned

    What's next?
    Go have about 10 or 15 nice days and don't even think about trying to figure out what's next. That's going to depend on what comes back in the mail from the letters you sent out.

    So just mentally kick back, work hard, enjoy life and your family and give praise and thanks to the Lord that you live in a great nation where your rights are king and a system is in place to protect them.

    Don't worry about a thing. Just remember that the ball is now in their court and they had better have an answer in your hands within 30 days and that it had better conform to all of the requirements of the law or the ball is in your court and what you probably may be able to do is to whang it back to them so hard they won't know what hit them.

    So just kick back. The holidays are coming and it's the greatest time of the year.
  7. Shirley

    Shirley Well-Known Member

    I am sorry uniondiva, that I'm not sure how to handle this.

    Hopefully someone will post and give you a straight answer unlike the multiple posts above which say absolutely nothing.
  8. author_22

    author_22 Well-Known Member

    bumpity bump
  9. bbauer

    bbauer Banned

    While I may or may not be able to give you the formula for success, I can give you the formula for failure, which is to try to please everybody.

    But one thing that I can tell you about success is that it is a simple process of gong from failure to failure without a loss of enthusiasm.

    Have a nice day
  10. Shirley

    Shirley Well-Known Member

    She was asking how to proceed. You told her nothing about how to proceed so why bother posting?

    Why not Just say: Give me $50 bucks and I'll help you, otherwise I'll be vague, long winded and post tons of information that is of little or no value to you in your current situation.
  11. bbauer

    bbauer Banned

    Because you would bitch about that too

    Look, you cannot take someone who has no knowledge of what you are talking about to start off with and load them up with a bunch of stuff they cannot hope to fathom. You have to lead them into understanding slowly or you end up posting the same thing over and over and over again.
    If you are going to teach people you have to understand that they can only assimulate so much at a time and the rest of it just goes sailing over their heads.

    Some people grasp things quickly and some people don't. At the risk of insulting the intelligence of those who can assimulate things rapidly, a teacher must start off slowly or the student ends up totally confused.

    If I were to even start chunking all the stuff I know about this subject, I would have to have several websites full of it and I do.

    Can you understand that or is attacking someone of more importance than trying to teach someone and not snow them with a ton of stuff they can't hope to understand and would not read all of it anyway?

    If I post too much at a time, people bitch about that. If I don't post enough, people bitch about that. Is there no end to the damnedable bitching?
  12. roni

    roni Well-Known Member

    If you don't have an answer, skip the thread.

    Imagine what would happen if everyone of the 1182 members posted a quoted reply message saying they didn't know what to do!
  13. Shirley

    Shirley Well-Known Member

    I hate when I see an interesting thread posted and click with anticipation when I see that someone has responded. Then, more often than not, when you reply Bill, what I see is a lot of very vague information that contains things like, "There's a way to get just what you want" and remarks like that. And you leave it hanging...

    Here is what the original poster posted. Forgive me, I don't know how to quote:

    "I just got back the results of an investigation submitted to equifax. They verified both items. I also had sent letters to the ca so they just not have been able to verify ( am i right). "

    She is asking-- if I'm reading it right-- if she is right in thinking that since the CA did not reply to her request for validation, then Equifax couldn't have verified those items.

    IS SHE RIGHT? If the CA ignores the person, is it possible that Equifax did indeed verify? A simple yes or no would do here.


    Next, she said:

    "So now i know that i send a letter requesting procedured used ( they did not list a phone number for one of the ca btw). But what is there response supposed to look like.... any one have any examples??? "

    A pretty straightforward question if you ask me. She's asking what the letter telling her how Equifax verified the item will look like.


    Onward to the final 'graph:

    "And at what point (if any) do I contact the collection agencies to find out if the items were in fact verified ??? I want to send the letters first thing in the morning so please help,"

    Another fairly straightforward question. So Equifax verified, supposedly but this lady hasn't heard boo from the CA. Since Equifax says they verified and won't remove these items, should she contact the collection agencies again?


    I wish I knew the answers to these questions. And Uniondiva, I'm sorry for somewhat de-railing your thread.
  14. uniondiva

    uniondiva Well-Known Member

    Back to the point at hand..... can someone answer my questions.

    Even though I may not be able to fathom the vast resources of knowledge of some of the poster's on credit net. I can recognize an answer to my question. If there is something I do not understand, believe me, I will ask again until i understand.

    No need to repost for me, just list the link, i can click and read until my mind can absorb it...

    Please, someone just answer my question!!!!
  15. bbauer

    bbauer Banned

    Here is how you quote. Simply start at the beginning of the message and type in the characters as follows &#91 quote &#93 then go to the end of the place where you want to start commenting be it the end of the quote or the middle or whatever. and then type in the characters &#91 /quote &#93 and then go ahead and start typing. You can use the copy paste routine by putting the mouse at the point where you want to start the quoteing and hold down the control "ctrl" key and drag the mouse across what you want to copy. It will all turn blue and then you hit "ctrl" and the letter c for copy. then go back to your post and put your cursor where you want the copied text to appear and hold down the ctrl key again and hit the v key and it will just paste it all in.

    I do hope that my instructions are clear enough that you can get the hang of it. When you get done, you should click on the preview bar at the bottom of the message to be sure that it is going to come out looking the way you want it to and then you can scroll down and either make any changes or click on the submit button.

    I am quite sure you can get the hang of it quickly.

    QUEEN_BEE Well-Known Member

    Just testing. Hehe. Thanks, I also wanted to know how to do that.
  17. roni

    roni Well-Known Member

    CRAs verify. CAs vaildate. They do not have to give a telephone number, just some way to contact the company listing the tradeline. If they didn't at least give you an address and you need it, a quick call to Equifax will give you that information.

    Procedures? Equifax just provides another copy of your report with a cover letter from Glenn King which lists the names and contact information of the companies you requested investigated.

    You can contact the collection agency at any time. I would have sent them a VALIDATION letter making them prove that you owe the debt and you expect for them to provide EVIDENCE including the original application with your signature. They have 30 days to respond or they're required to delete. Now, that does not mean they will follow the law. If they do voluntarily, great. If not, you need to force them to... and you can. I've had success calling after 30 days and talking with the supervisor at a collection agency. The grunt who answers the telephone will not be able to have the power to help you. When you get them to admit they will delete, ask for them to fax you a letter immediately. What I would do next is call the CRA, ask for another investigation and tell them you would like to fax the CA request to delete. They'll give you the number and it should only take a few days to get it cleared up that way.

    If you're having problems with Equifax and are getting nowhere with the rep/supervisor/manager on their 800 number, contact the Office of Consumer Affairs at 770-375-3114. The people who work in this location have the ability to edit the account while you're on the telephone.

    I hope this helps. I'm sorry you had to put up with all the other... Good luck and let everyone know the outcome.
  18. KHM

    KHM Well-Known Member

    Does anyone have the Office of Consumer Affairs number for Experian?!?!?! Or whatever they may call their 'paid more than $5 an hour might actually have a brain in my head' department??
    Thanks Kellie
  19. roni

    roni Well-Known Member

    Closest I have is a name/contact in their legal department.... Experian/Carla Blair/972-390-4010
  20. bbauer

    bbauer Banned

    alright, let's play it your way. Remember, you asked for this one, and so you are going to get it.
    I do hope you like the results because it is going to be anything but vague. .
    The answer to that question the way you want it answered is Yes, it is entirely possible.

    But that is not the answer the lady needed. The answer that the lady needed was just what I told her. It makes no difference what the credit bureau said or did or did not do. What makes a difference is that the CA ignored her lawful request for validation.

    There is also a difference in whether or not she sent her demand for validation within the first 30 days after her having received their very first demand for payment. If she was within the first 30 days after her receipt of the collection agency's very first demand for payment then it would make a difference what the credit bureau claimed about having verified the report because they would of necessity have had to have solicited and received an answer to their query to the collection agency.

    The reason it would make a difference is simply because if she had demanded validation within the first 30 days after her receipt of the collection agency's demand for payment then they violated FDCPA and a complaint could be filed against them if you happen to feel froggy enough to go jump their case over that matter alone.

    You would have to feel awfully froggy because that one simple item to complain about isn't likely to get all that much mileage in court. It's a totally different matter if they sue you than it is if you are the plaintiff. That's because if the defendant files timely and appropriate answer to the court's summons on motion for summary judgment then the plaintiff has to prove his case to the satisfaction of the court.

    He must also prove his case in order fot the court to actually have subject matter jurisdiction. No jurisdiction, no case. The attorney for the plaintiff must prove his case through properly prepared affidavits and supplemental evidence. Pleadings and motions of attorneys, while possibly enlightening and entertaining to the court are not sufficient grounds upoon which to grant motion for summary judgment. See Trinsey v. Pagliaro, Since this is an extremely old ruling and not available in most places either on or off the net, I have it on my website at http://www.creditwrench.com/courthouse/trinvpag.html.

    And yes, I know that you are going to complain about me advertising my website and my services again, but since you are not likely to go read and learn for yourself, I guess you might as well have something else to hate me for. It might just as well be that as anything else.

    Now then, back to the answer. It makes no difference what the credit bureau claimed it did or did not do and the reason that it makes no difference what they did is because it is much more important what the collection agency did or did not do. If one gets sued, it is most likely going to be the collection agency and not the credit bureau that will be sueing you. It is the collection agency one needs to worry about because they are the ones that have the ability and the desire to hurt you.

    Now then, all of the above is just about worthless information if she failed to meet the 30 day window of opportunity outlined above. In that case, the collection agency is under no obligation to cease and desist from their collection activities and may proceed immediately to court even though you have demanded validation and they responded to the credit bureau's request for information. If you did not go to court and make the case that you had demanded validation and they had not provided you that information within the 30 day time limit or that the validation they sent you was defective in any of the following ways then they would most likely lose their case and not be able to get a judgment.

    Here are some of the ways that you can check out a validation that is received from a collection agency to see that it is or is not a valid. http://www.creditwrench.com/faq.html this is a rather lengthy document and you need to scroll down to the place where it mentions the 6th lesson and click on that link. That will take you to the FDCPA law on validation which only partly explains validation. You would also want to click on the link just below that for a look at an actual FTC opinion letter and then after that, you would need to check on


    to read the full text of the opinion and decision of the 7th circuit court of appeals in the case of Spears v. Brennan, March 2001. That decision is also extremely difficult to find, but it's an extremely important case since it defines so many aspects of FDCPA and how the courts have ruled and will rule in the future. Knowledge is a powerful thing and if you have it, it will set you free. If you don't know it you will always be a slave unto it. And that is why it's on my website rather than being pasted into these forums. It's only about 27 pages long. And in order to navigate from one page to the next you simply click anywhere on the page and you will go to the next page until you get to the end of all 27 or so pages.

    And now do you even begin to understand why I beat around the bush as you and many others accuse me of doing? Do you understand now that I might not really want to have to go through all this everytime somebody jerks my chain?

    Do you understand now why it is better to take things just a bit more slowly and be certain that people can understand what you are talking about?

    Now then, do you want to continue to bash me for my vague answers?

    Now then, do your really think it's so simplistic as you would like to make people think so that you can continue to villianize me?

    Do you think I could even begin to post all the information on all those webpages on here?

    If so, then I think you should wake up and smell the coffee.
    And no, I'm not trying to bully you. I just want to you to see that it's not always such a cut and dried answer as you might have thought and try to get you to understand that it's not always such a good idea to bash so quickly until you know the real reasons why people answer they way they do.

    If you think it's simply to entice people to spend money with me when they can do it for free, then think again. There is no possible way anyone can do it for free and always win 100% of the time unless they are willing to spend money every month for websites that are reliable, html editors that cost up to $1500 each and the time to learn how to use them and all the rest of the things that go make it all work, such as digital cameras that cost from $500 to as much as $3,000 each, digital video cameras that can cost anywhere from say $1000 to as much as $80,000 apiece, networks, hubs, routers, switches, printers, and a whole lot more and then still have to go learn the law on top of all of that, hire people to provide a decent degree of service and pay their wages and their taxes and their social security and their hospitalization and give them a nice christmas bonus for work well done and then go get on some website and just give it all away.

    Would you do that?

    If so, have fun.

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