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Method of verification is your secret tool when the CRAs claim to yhave vaildated the debts you can't get a shread
of proof on. FCRA section 611 (a) (7) forces the CRA to provide you with the information they used to validate your
debt with the debt collectors within 15 days!
The process is simple:
- Challenge
the listing with the CRA.
- If verified, with a copy of the investigation result, call the CRA at the toll-free number
listed at the top of the report.
- Give the report reference number and ask for method of verification per FCRA Section
611(a)(7) . You will also want to send this via certified mail.
- More then likely the CRA will have not called the
original creditor, but will have relied on a third party database to verify, If they can't cite solid evidence like
"we called the OC and they verified", ask for OC's phone number.
- Call OC and ask for the records.
- If
the OC doesn't have them (they will typically tell you that the collection agency has them and they don't keep them),
get the person's name and direct line. If they do have them, demand a copy under the new FACTA act.
- If you are
sent records, review them and see how good they are. If they are not conclusive, take the next step.
- If the OC has
no records
- Call the CRA back and tell them the OC has no records.
- Inform the CRA that they need to open
another dispute. The new information for the disput is the name and number of the person to whom you have just called at the
OC.
- If they refuse, inform them you will sue for willful non-compliance under section FCRA § 616.
- If
they still refuse, send the information via certified letter along with an intent to sue letter. If not, they will give you a new confirmation number (write it down! and the date!). This acts as a new investigation, and
the CRA has 30 days to get back to you.
- If you have written records proving the OC can't back up the negative
listing(s) they are reporting on your credit report
- send them registered mail to the CRA along with an intent to sue letter if the account is not removed.
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