The "One, Two Punch"

acebo · 05-01-2007, 09:42 PM

In reading, reading and more reading, I came across the "One, Two Punch." Is that the only way to get an OC of my CR? If I ask for a CA to validate a second, additional time, does the same rule apply about OC not answering the CRA until they have validated? It just seems that it doesn't matter that if I piss off OC, since they are suing me anyway.

Pale Rider · 05-01-2007, 10:06 PM

In most cases the OC is not subject to FDCPA. So they would not have to validate. They would be subject to marking the account as disputed under FCRA. IMO that would be a minor violation if that was all you had, and not really worth the effort. If you are being sued you need defenses more than you need a few violations.

acebo · 05-01-2007, 10:13 PM

While I appreciate violation and defense advice, I was looking into ways of getting OC off my CR until the OC v acebo matter settles.

direred · 05-01-2007, 10:35 PM

Good luck with that.

Pale Rider · 05-01-2007, 10:52 PM

If they are going to the trouble of suing, I doubt they would stop reporting unless you had some major violations or a major case of mistaken identity. Is it ID theft? Are they reporting a completely false account? Short of that, I can't think of any leverage you may have from the 1-2 punch that would make them flinch at all.

Qtip · 05-01-2007, 11:20 PM

As Pale stated, getting the oc off your file can be done trough disputes. However if the OC is suing already then chances are that they will answer the disputes and leave the information on the file. There is no way to get them off, except with litigation and coming to some sort of agreement where they remove the junk.