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jenickki
Joined: 12 Aug 2008
jenickki's page
Posts: 6
507 Magic Points
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Subject: Clarification of the Validation Process
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Tue Aug 12, 2008 5:45 pm
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Please clarify, if you can.
If I have sent cease & desist letters to "junk buyers" and they do not respond within 31 days, I am legally able to contact all 3 credit bureaus and ask that the negative reports (the actual listing) be removed because the junk buyer has not provided the proper validation.
Am I correct in this understanding?
Thank You. |
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erb1953
Joined: 31 Dec 2007
erb1953's page
Posts: 573
-53 Magic Points
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Wed Aug 13, 2008 1:32 am
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If you are asking if it will remove the collection agency or as you put it junk buyer off your report, it should.
however, I don't think that it will remove the original creditors statement from your report. You can try and see what happens, I don't think that one company can affect another companies reports though. |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1240
28942 Magic Points
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Wed Aug 13, 2008 10:57 am
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hi jenickki
Since you have already send Cease and Desist letter as they have not responded to your request for debt validation they have to stop collecting debt from you further. Now since 31 days have passed and they have not responded to your request for debt validation, you can send a dispute letter to the credit bureaus asking them to delete the listing from your report.
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All the Best 
Justin |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4285
127 Magic Points
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Wed Aug 13, 2008 11:58 am
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| Go get em girl. They had 31 days to respond so I am guessing they can not verify this debt. Get your disptes heard and credit report cleared of this one. Erb Is correct though in telling you it probaly will not remove the original creditor, only the collector. You must send a seperate debt validation letter to the original creditor to have them removed but be careful these are the ones that can usually varify the debt being that they would have the original contract. |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3927
10 Magic Points
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Thu Aug 14, 2008 2:28 am
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You must also send a seperate dispute for each different company that is reporting the debt or has reported it in the past, so you are better off coming up with one letter and keeping it on your desk top and continue to use the same one, just change the company information on it each time you use it. Send the letters certified, return reciept requested and include a copy of all this to the credit reporting agency when you dispute because they did not validate.
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Goodnatured,
http://cashinpocket.synthasite.com/
for all the ways I make $$ online
http://www.crazymonkeygold.com/members/register.php?ref=fedupinpa |
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fireyone
Joined: 26 Feb 2008
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Posts: 4285
127 Magic Points
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Thu Aug 14, 2008 1:28 pm
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| Good advice GN. I sometimes forget to mention having to send to all three. |
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goodnatured
Joined: 03 Nov 2007
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Posts: 3927
10 Magic Points
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fireyone
Joined: 26 Feb 2008
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Posts: 4285
127 Magic Points
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Fri Aug 15, 2008 11:24 am
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| Everything is always a long process. It would be great though for people whom are unfamiliar with the debt validation process to have access to a checklist. |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3927
10 Magic Points
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4285
127 Magic Points
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Sat Aug 16, 2008 2:33 pm
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| Isn't that the trutht. I am finding this out the hard way with this atty. Even started taking matters into my own hands. Wonder if when it is all said and done they will onclude me in thier payroll? |
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dwight
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Tue Aug 26, 2008 4:23 pm
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| Hopefully you sent the C&D letter after your staute of limitations. The silence from the CA could be that they are going to take you to court because you stated you no longer want to have contact per your C&D letter. So it could be taken both ways if you out of your SOL then send a follow up DV letter wait 15 then no response send all info to the CRA's. Let the CRA's know that the theis has been unverified and must be removed. |
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fireyone
Joined: 26 Feb 2008
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Posts: 4285
127 Magic Points
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Tue Aug 26, 2008 8:39 pm
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| I always wondered if you weren't protected by SOL why you would send the cease and desist. It is like asking them to sue you. |
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jenickki
Joined: 12 Aug 2008
jenickki's page
Posts: 6
507 Magic Points
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Subject: Clarification of the Validation Process
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Wed Sep 03, 2008 7:43 pm
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Well, I have taken matters into my own hands. I have contacted the BBB of Hampton Roads, VI, the BBB in Pennsylvania and the Attorney General to get these guys off my back. I know for a fact that Corbett is on it, I talk to them a great deal.
If they take me to court, so be it "bring it on"..they don't have a leg to stand on...just prove the debt I'll pay it. |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4285
127 Magic Points
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Fri Sep 05, 2008 12:26 am
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| You go girl. I wish moer people would take this approach. It would cut back on some of these guys. |
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CMBV22
Joined: 08 May 2008
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Posts: 364
4810 Magic Points
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Sun Sep 07, 2008 4:59 pm
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jenickki
A FOAD letter will force them to stop contacting you all together about the debt in question. IT will not however require them to validate the debt or remove the listing in 30 days. Only a DV letter will force them to prove the acuracy of the debt and then remove it in the 30 days.
Also, it is very rare that DC can get this info in the 30 day time period. In my experience you will need to send a 2nd letter to them at 31 days and then if you do not get a responce in 45 days contact the CRAs and the FTC, BBB etc.
I recomend this b/c even in you get the mark removed due to lack of responce 32 days after they received the letter. If they come up with validation the next day they can put it back on. Also, when you dispute it via the CRAs they will 'investigate' the listing and most likely say it's legit forcing you toi send a MOV letter
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