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sample 623 letter?

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diem613



Joined: 13 Feb 2010
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Posts: 16



437 Magic Points

Subject: collections have received DV letters
 
Posted on Wed Mar 17, 2010 3:00 pm  

Ok, I have received the electronic signature notifications from all of my DV letters I have sent. In the DV letters I also included cease & desist paragraphs. I have still been getting phone calls from one of them (been about 3 days since receipt). Is there a rule that states how long they can keep calling me after receipt of the cease & desist w/ DV. I thought they had to stop all collection activity until they validate..
cinnamngrl



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6413 Magic Points

 
Posted on Wed Mar 17, 2010 3:28 pm  

OK. what kind of C&D paragraphs? telling them to cease and desist means don't talk to me anymore except to sue. Do you want them to sue? if you want them to stop calling you need to inform them that they calls are inconvenient and they are invading their privacy.

They have to stop calling you upon receipt. These calls are violations.

Calling you is a collection activity. you need to use call trace with the phone company.
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diem613



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Subject: DV & C&D letter
 
Posted on Wed Mar 17, 2010 5:07 pm  

I wrote exact words: "You must be aware that until you validate this debt, you can neither continue collection activities (including phone calls) nor report this information on my credit report".

Then I quoted FTC.
Megan



Joined: 18 Mar 2010
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58 Magic Points

Subject: Joined!
 
Posted on Thu Mar 18, 2010 3:38 am  

Hi, I've finally joined credit magic.
Megan



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58 Magic Points

Subject: Re debt validation letters
 
Posted on Thu Mar 18, 2010 3:50 am  

This is in response to cinnamngrl.

Re debt validation letters, I think I understand what you're saying:

So there is the 30-day window from the time you are notified of the debt that you must abide by in sending the letter but there is not a 30- day window in which the CA must respond to debt validation.

The debt validation letters I sent did not state a time period for response required, however did state that until the debt was validated according to the various forms of validation requested, a listing of the CA on my credit report constituted fraud in violation of federal and state law as well as the following: Violation of the Fair Credit Reporting Act, Violation of the Fair Debt Collection Practices Act, and Defamation of Character.

All 5 negative marks from the CA's were removed within a few weeks. I have yet to hear from either another CA or the OC. It's been about 6 weeks since the letters were sent.

With respect to not receiving a letter notifying re the debt, if a consumer claims never to have received one I doubt the CA is going to take time to dispute that and risk violating the law by listing the debt as a negative when debt validation has been requested.
Megan



Joined: 18 Mar 2010
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58 Magic Points

Subject: Questions re 623 dispute
 
Posted on Sat Mar 20, 2010 4:44 am  

Hi, I still have several questions re the 623 investigation procedure.

(1) I've read over the FCRA, §623, and do not see mention of the right to directly request this of the OC's.

The CRA can investigate on a consumer's behalf once a dispute is submitted to the CRA through online or written dispute, however nowhere in the act do I see that the consumer can write to do this directly with the OC.

Where is the law that supports this latter right?


(2) I understand the technique is to go back to the CRA and, assuming one does not receive documentation pursuant to a 623 investigation request of the OC (assuming this can even happen), ask the CRA how they verified it if the OC cannot properly do so.

But how can this work if the OC is under no legal obligation to investigate per the consumer's request?

If no legal obligation to produce or provide proof exists, the consumer could ask for a blank piece of paper from the OC, not get it, and not be entitled to any remedy because there was no legal obligation on the part of the OC to produce anything pursuant to a 623 request from the consumer in the first place.

(3) If (1) is in fact possible, what things might a consumer request the OC investigate and provide proof of?

I really think if these three questions cannot be answered, 623 is not being interpreted correctly in the advice-giving.
cinnamngrl



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6413 Magic Points

 
Posted on Sat Mar 20, 2010 5:38 pm  

I wrote exact words: "You must be aware that until you validate this debt, you can neither continue collection activities (including phone calls) nor report this information on my credit report".

Then I quoted FTC.

To DIEM, well thank goodness this is not from a c&d but a DV letter and it is very clear that they are knowingly violating.
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cinnamngrl



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6413 Magic Points

Subject: to MEGAN
 
Posted on Sat Mar 20, 2010 5:43 pm  

FACT Act

An Overview of Changes to the FCRA

The FACT Act (HR 2622) was signed into law by President Bush in December 2003. Officially titled the Fair and Accurate Credit Transactions Act of 2003, the FACT Act incorporates and extends the Fair Credit Reporting Act (FCRA), which had preemption provisions due to expire in December 2003. The new Act also aims to:

* Prevent identity theft,
* Improve the resolution of consumer disputes,
* Improve the accuracy of consumer records, and
* Make improvements in the use of, and consumer access to, credit information.
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cinnamngrl



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6413 Magic Points

Subject: the part of 623
 
Posted on Sat Mar 20, 2010 5:47 pm  

§ 623. Responsibilities of furnishers of information to consumer reporting agencies
[15 U.S.C. § 1681s-2]
(a) Duty of Furnishers of Information to Provide Accurate Information

(Cool Ability of Consumer to Dispute Information Directly with Furnisher
(A) In general. The Federal banking agencies, the National Credit Union Administration,
and the Commission shall jointly prescribe regulations that
shall identify the circumstances under which a furnisher shall be required to
reinvestigate a dispute concerning the accuracy of information contained in
a consumer report on the consumer, based on a direct request of a consumer.
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cinnamngrl



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6413 Magic Points

 
Posted on Sat Mar 20, 2010 5:53 pm  

Quote:

Hi, I still have several questions re the 623 investigation procedure.

(1) I've read over the FCRA, §623, and do not see mention of the right to directly request this of the OC's.

The CRA can investigate on a consumer's behalf once a dispute is submitted to the CRA through online or written dispute, however nowhere in the act do I see that the consumer can write to do this directly with the OC.

Where is the law that supports this latter right?


(2) I understand the technique is to go back to the CRA and, assuming one does not receive documentation pursuant to a 623 investigation request of the OC (assuming this can even happen), ask the CRA how they verified it if the OC cannot properly do so.

But how can this work if the OC is under no legal obligation to investigate per the consumer's request?

If no legal obligation to produce or provide proof exists, the consumer could ask for a blank piece of paper from the OC, not get it, and not be entitled to any remedy because there was no legal obligation on the part of the OC to produce anything pursuant to a 623 request from the consumer in the first place.

(3) If (1) is in fact possible, what things might a consumer request the OC investigate and provide proof of?

I really think if these three questions cannot be answered, 623 is not being interpreted correctly in the advice-givingHi, I still have several questions re the 623 investigation procedure.

(1) I've read over the FCRA, §623, and do not see mention of the right to directly request this of the OC's.

The CRA can investigate on a consumer's behalf once a dispute is submitted to the CRA through online or written dispute, however nowhere in the act do I see that the consumer can write to do this directly with the OC.

Where is the law that supports this latter right?


(2) I understand the technique is to go back to the CRA and, assuming one does not receive documentation pursuant to a 623 investigation request of the OC (assuming this can even happen), ask the CRA how they verified it if the OC cannot properly do so.

But how can this work if the OC is under no legal obligation to investigate per the consumer's request?

If no legal obligation to produce or provide proof exists, the consumer could ask for a blank piece of paper from the OC, not get it, and not be entitled to any remedy because there was no legal obligation on the part of the OC to produce anything pursuant to a 623 request from the consumer in the first place.

(3) If (1) is in fact possible, what things might a consumer request the OC investigate and provide proof of?

I really think if these three questions cannot be answered, 623 is not being interpreted correctly in the advice-giving


So it is 623 (a) 8 (B) that says you can dispute directly with the furnisher. for some reason they copy a cool smiley.

here are the circumstance that define a properdispute

(B) Considerations. In prescribing regulations under subparagraph (A), the
agencies shall weigh--
(i) the benefits to consumers with the costs on furnishers and the credit
reporting system;
(ii) the impact on the overall accuracy and integrity of consumer reports of
any such requirements;
(iii) whether direct contact by the consumer with the furnisher would likely
result in the most expeditious resolution of any such dispute; and
(iv) the potential impact on the credit reporting process if credit repair
organizations, as defined in section 403(3) [15 U.S.C. §1679a(3)],
including entities that would be a credit repair organization, but for
section 403(3)(B)(i), are able to circumvent the prohibition in
subparagraph (G).
(C) Applicability. Subparagraphs (D) through (G) shall apply in any circumstance
identified under the regulations promulgated under subparagraph
(A).
(D) Submitting a notice of dispute- A consumer who seeks to dispute the
accuracy of information shall provide a dispute notice directly to such
person at the address specified by the person for such notices that--
(i) identifies the specific information that is being disputed;
(ii) explains the basis for the dispute; and
(iii) includes all supporting documentation required by the furnisher to
substantiate the basis of the dispute.
(E) Duty of person after receiving notice of dispute. After receiving a notice of
dispute from a consumer pursuant to subparagraph (D), the person that
provided the information in dispute to a consumer reporting agency shall--
(i) conduct an investigation with respect to the disputed information;
(ii) review all relevant information provided by the consumer with the notice;
July 30, 2004 73
(iii) complete such person's investigation of the dispute and report the
results of the investigation to the consumer before the expiration of the
period under section 611(a)(1) within which a consumer reporting
agency would be required to complete its action if the consumer had
elected to dispute the information under that section; and
(iv) if the investigation finds that the information reported was inaccurate,
promptly notify each consumer reporting agency to which the person
furnished the inaccurate information of that determination and provide
to the agency any correction to that information that is necessary to
make the information provided by the person accurate.
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cinnamngrl



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6413 Magic Points

 
Posted on Sat Mar 20, 2010 5:56 pm  

http://www.ftc.gov/os/statutes/031224fcra.pdf

this is the FCRA in a pdf that you can download.
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grodrigu12



Joined: 21 May 2010
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Subject: 623 letter...........
 
Posted on Sun May 23, 2010 11:46 am  

What you are refer.. to is a Validation Letter that the Orginal Creditor or an account letter that you are able to see with any credit line of you payment activity....It shows your payment history and the balance due............gee...I guess I need to need not ask a question since no one seems to know....when this Validation of dept is sent to the c/c and the orginal credit include a cc copy to the attorney general certified and let them get it on with the c/c
grodrigu12



Joined: 21 May 2010
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168 Magic Points

 
Posted on Sun May 23, 2010 11:55 am  

Just some advise you might do. One sent them a certified letter to one the C/A the orginal creditor, and the Attorney General in our state for Comsumer Complaint.
Sent the a validation letter to vertify the debt., to cease and decease collection activity, to remove the debt from your negative report. , call them and make arrangement to pay to delete. Sent them a letter certified if you wan to go that route., C/C Attorney General for Consumer complaints., you will see some action. Also sent c/c to Credit Breau............you wlll see some action frm all of them. They don't like dealing with attorney general........its like the people who owe child support, alimony etc.
cinnamngrl



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6413 Magic Points

 
Posted on Sun May 23, 2010 12:02 pm  

So grodrugu, this thread turned into a mashup of 623, DV and C&D.
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Posted on Tue Aug 05, 2014 9:26 am  

6gt2lh I really liked your article.Really thank you! Awesome.

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