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No response to dispute from CRA

Date: Fri, 10/24/2008 - 17:40

Submitted by anonymous
on Fri, 10/24/2008 - 17:40

Posts: 202330 Credits: [Donate]

Total Replies: 20


I wrote all three CRAs 30 days ago requesting validation or removal of several accounts. Only TU has responded (deleted 4, verified the rest). What are my legal rights now that the 30 days has passed for Equifax and Experian? Are they legally required to delete ALL disputed items? If so, what letter should I send them.

Also, if SOL is up for some of these, should I now send Validation letters to CAs for the ones that were verified and not deleted? Would they be more likely to accept pay for delete offer if SOL is up? Thanks for your help.


Where you disputing from your free annual credit report or did you purchase the reports? If you are disputing from your free annual, they have 45 days to complete their investigation. If it is from a purchsed report they have 30. Call EQ and EX and inquire about the status of your disputes. In the past I have found them very helpful when calling.


For the accounts that are beyond SOL, actually it would have been better to request DV and when they sign for your DV, dispute with the CRA's. If they verify with the CRA's before providing validation to you, then they have violated. Google the "1-2 punch".


lrhall41

Submitted by NASCAR_Devil on Sat, 10/25/2008 - 03:56

( Posts: 4671 | Credits: )


Premise of the 1-2 Punch!
The 1-2 punch is sending a DV (debt 'validation') letter to the collector and then a few days later disputing the item(s) with the credit bureau(s). The idea behind the 1-2 punch is to create a situation where the collector can't respond to the bureau's request without breaking the law and hopefully, making it so the bureau simply has to delete the tradeline.

Action:
Punch #1> collector
Punch #2 > bureau (a few days later)

Behind the Action:
The bureau is required (by FCRA) to ask the collector to respond with 'verification' of debt, which; the collector can't do yet because of their own (fdcpa) requirement to FIRST fullfill the request for 'validation' that they must obtain from the OC and send on to you.

IF: The bureau can't 'verify' the debt with the collector within 45 days (30 days if CR was not obtained online as noted in the FACT ACT, and no follow-up is provided, which might involve not responding to requests for more info), THEN; they delete.
IF: The collector violates the law by responding to the bureau 'before' they respond to you with the results of thier 'validation' (collection activity), THEN; you can claim a $1000 offset against them.


lrhall41

Submitted by NASCAR_Devil on Mon, 10/27/2008 - 10:47

( Posts: 4671 | Credits: )


So I followed the 1-2 punch action, just as you described.
I have not received anything in response from any of the DV letters that I sent on Oct 7. I received notification from one of the credit bureaus that 3 of my 4 disputes (3 different accounts all with the same CA) were verified.

You say that this is a violation. So what should my next step be?
Who do I contact next and what info should I request/give?


lrhall41

Submitted by anonymous on Mon, 10/27/2008 - 12:00

( Posts: 202330 | Credits: )


I followed NASCAR Devils advise in this post and now have a new question...

This is regarding a medical collection on my CR with west asset management.
The CA verified to the CRA before validating to me.
I sent a MOV request to the CRA and a follow up DV letter to the CA. Basically letting the CA know that they were in violation and if they didn't provide the requested information that I would file suit for their violations.

Today I received the "validation".
What they sent me was copies of screenshots.
The data in the screenshots looks partly like a medical bill and partly like an EOB.

I am wondering if this is proper validation. Some of the service dates I recognize, but were items that were allegedly paid by my insurance, some I have no knowledge of.

Any advise is appreciated.


lrhall41

Submitted by mishijud on Wed, 11/19/2008 - 15:35

( Posts: 13 | Credits: )


Do you have the matching EOB's from your insurance company? Are you still with the same insurance provider? Remember, that under HIPPA, information regarding medical treatment may be edited by the treatment provider before being sent to a CA to protect your right of privacy. That may explain the data they sent you. Did the CRA's respond to your MOV request?


lrhall41

Submitted by NASCAR_Devil on Thu, 11/20/2008 - 04:52

( Posts: 4671 | Credits: )


So do you think that something like this will suffice?

"Regarding (debtor) account#(blah blah) I am requesting to know what was the Method of Verification received from the above company as per FCRA Section 611(a)(7). I am not asking for a Verrification of the Debt.

Thank you in advance,
Me!"

any other suggestions on changes or additions?


lrhall41

Submitted by smo65d11 on Fri, 12/12/2008 - 10:45

( Posts: 1467 | Credits: )


I would reference your initial letter.

"On xx/xx/xxxx you recieved my request for method of verification on x account via CMRRR # xxx....... As of 12/12/08 you have not provided this info....your e-mail (print and send a copy) dated xx/xx/xxxx did not provide that information, only that the dispute was verified. Your failure to provide the MOV as requested is considered as willful non-compliance per FCRA (cite correct section)....... Again, this is not a dispute, this is a request for the Method YOUR company used to Verify the dispute......."

Something to that effect. Maybe too strong but that's just me.


lrhall41

Submitted by NASCAR_Devil on Fri, 12/12/2008 - 11:52

( Posts: 4671 | Credits: )


Well they responded, and now my report has a notation that says under the Palisades notation:

"Completed investigation of FCRA dispute - consumer disagrees."

I called Experian and spoke to someone who kept repeating that they had verified the information and I could not re-dispute. I kept saying that I did NOT want to dispute, that I wanted to know the method of verification OF my dispute. He just kept repeating that it was done through the system and that I had to take this up with Palisades.

I could scream ... any advice? Or should I just mail Palisades a letter bomb? (I'm joking before anyone freaks out)


lrhall41

Submitted by smo65d11 on Thu, 12/18/2008 - 09:17

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OK. Just so we all can follow the various directions giving to various situations....

A. I dispute with the CRA.....it is verified as belong to me.
B. I send dv to CA......No reply.
C. I dispute, again, with the CRA and include a copy of the DV letter CMRRR....account verified, again or We have already investigated this account and will not reinvestigate ....
D1. I send a 623 to the CA with a second follow up DV letter and C & D
D2. A few days later, I send the MOV to CRA

Outcome.....CA ignores the letters, again. CRA claims the MOV was E-Oscar.

(While this is going on complaints are filed with BBB, AG and FTC)

What next?


lrhall41

Submitted by anonymous on Sun, 02/28/2010 - 17:10

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