Validation Letters

[Trish]

Originally Posted by deepindebt

Trish,

Thanks for the information. I do have a couple more questions.

1.) How should I respond to answer the summons with the court? Should I answer send the debt collector's attorney a copy of my answer.
Yes, if you look at your states RCP (rules of civil procedure), more than likely it states that you must also send the atty a copy of the answer.

2.) For future reference...Should you always answer a summons upon receiving one?
YES YES YES.....you always answer a summons. If you do not, then once that deadline passes.....they no longer have to notify you of future court dates......i.e. the hearing...........which means they will automatically get a default judgment.

See above in red.

[Rod4bills]

should all letters being sent out be hand written or typed?

[decadude]

I am still new to this but from what I gather and a lot of other newbies may be confused on this b/c I was thinking I could just go down my credit report and on old badies apply a 1-2 punch method. Below outlines that CAs are not required to validate by the law the debt is valid if it is outside the initial 30 days of contact so for some you may want to skip doing a DV as it is likely to not get you anywhere.

In my case I believe I am going to just have to go into dispute mode on some of my baddies that are outside SOL. Again the 1-2 punch where you use DV only applies if you are within 30 days of initial contact of the CA. This is at least how I am interpreting this pertaining to section 3.

Hope this sheds some understanding for others trying to learn all this. I was in the mode of doing DV letters and discovered it was practically pointless and the CA does not have to respond. They only have the 30 days to respond if I dispute with the CRA well using my paid for report number in the dispute..

Hoping either Trish or Chane can chime in on this one or some of the more knowledgeable members of the forum :cool:


§ 809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(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 disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

[decadude]

I do believe though that a DV letter can be in your favor though if you dispute a tradeline with a CRA and it comes back verified then you can DV the CA and they have to respond to your DV.

I am uncertain if the 30 days does apply here but I believe it does since this inacts the FCRA.

I am currently looking into this, but it does in fact make sense.

[julieann]

I have read several places not to include ssn and dob along with not signing the letter. On my credit report it only shows a partial acct # ie: (2567xxxx) Is this ok? or do I need to call and get an acct number?

[chane]

julieann, that is correct, do not include your ssn or dob and do not sign. It would probably be better to have the account number. If you can get it, get it. If not, don't stress, just use the partial.

[NyKnicks]

i've been reading almost ever thread on this site for like 2 weeks. still alittle confused....so much to take in.....My question is:

1)trisha explains in one thread that u should dispute with CRA first and if it comes back validated then DV letter to the CA. But for the 1-2 punch its says to send DV letter to CA then dispute with CRA once the CA recieves the VD letter....which method should i use?

2) I have like 3 or 4 Accounts that are over the SOL..when i pulled up my report, even on the CR it said it should have been report off on (example) 9/2009...do i dispute with OC or CRA?

i considered going with lexington but i have seen so many success stories...but then still nervous....dont want to mess things up either...thanks for the help

[NyKnicks]

by vd i mean DV..lol

[TheBurd]

Originally Posted by Trish

Hmmmm.......hope this is the right thread for this one.

RE: Account #
CERTIFIED MAIL RETURN RECEIPT REQUESTED #

Dear creditor,

You are inaccurately and incompletely furnishing information regarding the above-referenced account to the CRA's in violation of the reporting requirements of the FCRA, Section 623, Responsibilities of Furnishers of Information, and for which you are responsible.

I dispute your information in its entirety and request evidentiary documentation that substantiates the information you have furnished and its reporting.

Should you not be able or willing to provide me with the substantiating documentation as verification to cure this violation, within the next xx days, please have the information deleted from each of the CRA's you initially furnished it to or, alternatively, do not respond to the next dispute that I initiate through the CRA's

*******(or instead of the last sentence above: I will have no recourse but to consider legal action as a resolution)

Nelson v Chase Manhattan, 2002 provides a cause of action for individuals against furnishers of information.

Sincerely,

Your name


Or you could use some version of this letter, depending on how strong you want to read and your intended follow-through, Or use this as a second letter for a better papertrail:


your name
address field 1
address field two

month day, year

name of original creditor
address field one
address field two

CERTIFIED MAIL RETURN RECEIPT REQUESTED #
RE: ACCOUNT NUMBER AS IT APPEARS ON YOUR REPORT

Dear OC:

You are inaccurately and incompletely furnishing negative information regarding the above-referenced account to the major CRA's in violation of the reporting requirements of the FCRA and for which you are responsible.

I have previously disputed the above-referenced account and its reported information with the consumer reporting agencies, without resolution.

I dispute your information in its entirety and request evidentiary documentation that substantiates the information you have furnished and its reporting, including the required commencement of delinquency date, as verification of the information you have provided and its present reporting.

For your benefit and as a gesture of my goodwill, I have enclosed the FTC's required informational disclosure entitled, Credit Reports: What Information Furnishers need to know which defines and clarifies your responsibilities and potential liability as an information furnisher.

Should you not be able or willing to provide me with the substantiating documentation as verification of the present reporting, to cure these violations within the next 30 days, please have the information deleted from each of the consumer reporting agencies that you have furnished it to as required.

Should you again fail to fulfill your mandated duties and responsibilities, I will have no other recourse but to consider bringing legal action against Ford for its continued non-compliance and violation of the FCRA, under which is provided an individual cause of action for enforcing its provisions.

I expect final resolution of this matter within 30 days and look forward to receiving written confirmation of my request as well as written confirmation of Ford's intended actions.

Sincerely,

Your name

*courtesy of Sassy @ CB

I have used these letters a couple of times. It doen't always work but at the very least it gives you a papertrail if you need to take it a step further.

~Trish

I am trying to prepare my letters for dispute, but the credit reports I ordered from Free Annual Report, do not include full account numbers. Is this something that must be included in order for them to investigate? Or is there a way around it?

Thanks