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    noopy's Avatar
    noopy Posts: 8, Reputation: 1
    New Member
     
    #1

    Jul 31, 2008, 06:25 PM
    Disputing on line ?
    I am disputing on line and had some things taken off all the CRAs, but I was also told that they can reoccur in 30 days!!

    I also wrote some collection agency's dispute/verification letters and noticed that they appear on my report / disputed by consumer.

    But the thing is if they come back after 30 days from the on line dispute do I have to resend certified letters back to the collection agencies.

    I didn't know it was a soft DELETE when you dispute on line?

    But I also have a great attorney that now tells me not to dispute anymore for 30 days and the attorney is very good in this field!

    So what I'm asking is, if the disputed items come back in 30 days can I re dispute but this time like I did before, by certified mail and will that help me more.

    As of today my attorney advised me not to dispute on line anymore so I am not in the future!

    Has anyone had, or know of any experience like this? And if the dispute/verification by certified mail is the way to go please advise, I trust my attorney but just want to know if anyone had anything happen bad to them by the on line dispute verses the certified dispute/verification!
    Clough's Avatar
    Clough Posts: 26,678, Reputation: 1649
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    #2

    Jul 31, 2008, 10:10 PM
    I don't really know about the 30 day thing, but one thing that I would recommend if you want to be speaking with creditors about anything, is to be doing it on the phone with a witness on another line and tell the creditor that there is another person on the line and have the other person say "Hi" so that the creditor representative knows that there is someone else on the line. Doing that has worked for me a number of times. If you do things online that are really important about things concerning money, then it's possible for information to get accidentally removed or altered in some way.

    If possible, you might go to see creditors in person and also have a witness with you.

    If unable to communicate on the telephone or in person, then as you have already done, sending things via certified mail is a good idea!

    Whatever you do, I would recommend that you document everything that is said or done and request copies of anything that you sign or agree to verbally so that there is a record of it and you can use it in the future should further issues arise.

    Hopefully, others will also be along to address your question. Perhaps someone will know about things concerning the 30 day issue.

    I wish you well!
    farmgirlmo's Avatar
    farmgirlmo Posts: 107, Reputation: 2
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    #3

    Aug 4, 2008, 02:14 PM
    I do not know what you are referring to as a "soft delete". It doesn't exist. The account is either deleted, verified and/or updated.

    Things can be reinserted, however FCRA states that the CRA must take steps to prevent the reinsertion of previously deleted items. The CRA must also notify you within X amount of days after a reinsertion takes place.

    Sometimes, it is better to dispute via mail/fax because you can provide additional documentation and explanation then the online forms allow.

    If you were to have to sue a CRA for not abiding by the FCRA and other laws, it is better to have a paper trail(good reason for disputing CMRRR).

    Once a dispute is over and the account is verified, you can request method of verification from the CRA, they are required to provide it.

    FCRA also requires that the TL on your CR state "consumer disputes".

    Disputing too many items can lead to a Fraud Alert on your CR.

    If you have disputed something a OC has reported and they have "verified" inaccurate information, you can send them a investigation demand letter. They are required to investigate the account, but only after you have disputed and they have verified.

    If this was something reported by a CA, then have you sent them a debt validation request? Is this account past SOL?
    noopy's Avatar
    noopy Posts: 8, Reputation: 1
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    #4

    Aug 4, 2008, 06:44 PM
    No, The sol is within the period. However, some collection agencies like LVNV keeps reporting an active account! And I NEVER OPENED ONE WITH THESE PEOPLE!!

    Also, They keep reporting me as past due and say they are a factoring company!

    If you or anyone ever get these people on your report in the future they are a nightmare they keep the account active even after it was charged off!!

    The sad part is I don't know how to get them off...
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,505, Reputation: 4600
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    #5

    Aug 5, 2008, 06:27 AM
    Quote Originally Posted by farmgirlmo
    I do not know what you are referring to as a "soft delete". It doesn't exist. The account is either deleted, verified and/or updated.


    I've seen the phrase used for a temporary delete while something is being investigated, not a permanent delete. If it shouldn't be permanently deleted, it's back "on."

    I've seen it when I've run background checks.
    farmgirlmo's Avatar
    farmgirlmo Posts: 107, Reputation: 2
    Junior Member
     
    #6

    Aug 5, 2008, 08:38 AM
    It doesn't matter if you opened an account with them. If you had an account with someone and it went delinquent, then they could have sent it to LVNV. Did you pay LVNV or the OC for this debt?

    The factoring company part is something that I've seen debated many many times. Most argue that CAs aren't allowed to report as a factoring company. LVNV is notorious for this.

    I've had these people on my report and on my husband's report, as well as a friend's. They are all gone now.

    What do you mean they keep the account active even after it was charged off? You still owe a debt that was charged off.

    LVNV will not accept a Pay for delete agreement. Many people have asked them and they tell everyone that if you pay the account, then to dispute it because they will not respond and it will be deleted. It is their policy not to respond to disputes on paid accounts.
    farmgirlmo's Avatar
    farmgirlmo Posts: 107, Reputation: 2
    Junior Member
     
    #7

    Aug 5, 2008, 08:40 AM
    Quote Originally Posted by JudyKayTee
    I've seen the phrase used for a temporary delete while something is being investigated, not a permanent delete. If it shouldn't be permanently deleted, it's back "on."

    I've seen it when I've run background checks.

    CRA do not do soft deletes.

    Certain accounts will be ignored by the FICO scoring algorithm while in dispute status.

    The accounts themselves will appear on the credit report while in dispute, which is the reason for FCRA requiring that they be marked in dispute.
    noopy's Avatar
    noopy Posts: 8, Reputation: 1
    New Member
     
    #8

    Aug 5, 2008, 05:19 PM
    What I mean is if a credit card has CHARGED OFF a Balance How could a collection agency post on your report as an open ACCOUNT.
    farmgirlmo's Avatar
    farmgirlmo Posts: 107, Reputation: 2
    Junior Member
     
    #9

    Aug 5, 2008, 09:56 PM
    It should not be listed as an open account. It should be listed as a collection.

    Charged off doesn't mean you don't owe. Charged off is an accounting term that creditors use, which means that they have considered the debt "uncollectable" and taken that amount out of their profits and put it over on the losses.

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