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Advanced Credit Repair - Dealing with Collection Agencies Collection Agencies Dunning you? Are they complying with the FDCPA and or the FCRA? IF they are not, they could be liable for up to $1000.00 to you! This is the forum to educate and protect the rights afforded to you under the FDCPA and the FCRA. Legal aspects of credit restoration will be found in this forum. MEMBERS CAN POST ANONYMOUS QUESTIONS...

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Old 05-09-2008, 03:14 PM   #1 (permalink)
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Cap1 Validates or did they

I sent a DV letter to them and this is what they sent back.


Dear XXXXX, REF:XXXXXXX
Thank you for your recent inquiry.
Unfortunately, we are unable to process your request with the information you provided.So we can process your request, please fill out the form at the bottom of this letter. Send it , along with a copy of your previous correspondence, in the enclosed envelope to
XXXXXXXX
XXXXXXXX
XXXXXXXX

Please complete all the items on the form, even those you may have previously provided. Once we recieve this information, we will be able to proceed with your request.
We apologize for any inconvencience. If you have any questions, please call us at xxxxxx-xxxxxxx. Our customer service Reps are available 24 hours a day, 7 days a week.

Sincerly,

CRAP1

REF:XXXXXXX
Name:_______________________
Address on file with Capital One:____________________
Current Address:___________________
if address is different than whats on file, are you requesting an address change yes____ no_____
Account Number:________________
Please give the full 16-digit account number
Social Security Number:____________
or last four digits
Date of Birth:__________________


Now what should i do? They are requesting the same information that i am. Where to go from here.

Last edited by zpcg05; 05-09-2008 at 03:16 PM. Reason: delete attachments
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Old 05-09-2008, 05:20 PM   #2 (permalink)
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You don't send a DV to an OC. OC's have to be handled in a different fashion. And, so that you know, CrapOne will have copies of EVERYTHING associated with the account, to include images of any checks you ever used to pay statement billings.
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Old 05-09-2008, 09:17 PM   #3 (permalink)
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So how do you suggest i handle them? If they will have copies why are they asking me to give them more info? Thanks for any help
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Old 05-09-2008, 09:34 PM   #4 (permalink)
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Since we don't know what you sent or what identifying information you supplied, it is difficult to say what the next step would be or why they were asking for more information. It IS safe to say that they have triggered the FACTA provisions that require you to cooperate with the investigation or they may rightfully close it and note that you chose not to cooperate.
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Old 05-09-2008, 09:46 PM   #5 (permalink)
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It just sounds like he sent a letter requesting proof the debt is valid.

They are clearly stalling and trying to get him to admit the debt. I would send a letter with my social security number, they dont need anything else.

Why should we help them prove their case?
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Old 05-09-2008, 10:13 PM   #6 (permalink)
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FCRA 623 is the operative section. If sufficient information was not provided in a dispute with the furnisher, the furnisher has the right to seek clarification to aid in resolving the dispute.
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Old 05-09-2008, 10:33 PM   #7 (permalink)
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Yes Spinn thats what i sent. I recieved a letter from and CA which i replied to concerning this alleged debt. So i also sent just a basic DV letter to the OC. My first letter had my name address and social on it along with the partial account number which the CRA's had on my CR. I feel like you that they are trying to get me to admit to the debt. I was just going to send them a letter back stating i dont have any of the information they are requesting. That is why i am asking this question. What should i do.
Centex: I dont have any of the information they are requesting. How can i supply them with what i dont have?
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Old 05-09-2008, 10:37 PM   #8 (permalink)
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Transunion reports that I have seen ALWAYS show the full account numbers...
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Old 05-09-2008, 10:43 PM   #9 (permalink)
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They are just reporting on equifax. Im not sure on how i can give them information that i dont have. Im reading FCRA 623 now trying to understand what i may have done wrong or what i can do. Any help is apprecaited. If they keep all info as you say why would they request more?
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Old 05-09-2008, 10:44 PM   #10 (permalink)
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What was the text of the letter you sent? We already know you indicate you sent a DV letter which is not something that applies to an OC.

With an OC, you need to challenge the particular reporting, and if you are claiming it wasn't yours, then be prepared to cough up the police report.
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Old 05-09-2008, 10:51 PM   #11 (permalink)
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To Whom It May Concern, Capital One Bank USA NA
April 14, 2008

Please allow this to serve as constructive notice that I am disputing your debt collection-related allegations, denying the same and demand strict proof and verification thereof. I am requesting a validation that this is competent evidence that I have some contractual obligation to pay you.
My name
address
ss number
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Old 05-09-2008, 10:55 PM   #12 (permalink)
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Centex, im just trying to find what they have that is alleged account is mine. You say i need to cough up a police report, i dont have one. What if they cant supply the proof , dont or shouldnt they have this information somewhere they can access it with my name and social?
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Old 05-09-2008, 11:56 PM   #13 (permalink)
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Have you ever had an account with Capital One?
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Old 05-09-2008, 11:58 PM   #14 (permalink)
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You are lucky they did not just outright claim your letter as frivilous under 623.

That letter does not provide any semblance of an account number as it appears on the credit report, does not outline what specific component of their tradeline is being disputed and, quite frankly, suggests identity theft (in which case the police report is necessary).

Considering how many people have been issued multiple cards, they have a solid defense for their procedures not including simply running by SSN and name. You need to specify WHAT account is being disputed. Do not be surprised, however, when they send you copies of every statement and copies of the checks used to pay on the account...
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Old 05-10-2008, 12:12 AM   #15 (permalink)
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Call Equifax or Experian, they will give you the account number.
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Old 05-10-2008, 07:33 AM   #16 (permalink)
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So i need to get send them the account number that is being posted on my report? So should i fill there form out with the info that i do know?
Enigma: I had an account with them but not even close to the amount that they are saying i owe.
Centex: Should i respond to there letter since it will not help my cause anyway, or should i just not respond at all? According to them the way they are reporting im SOL with them if i can use VA laws under there contract. And in Augsut ill can use SOL in florida.
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Old 05-10-2008, 09:18 AM   #17 (permalink)
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The SOL for being sued v the time an account can be reported on your CR is two different critters.

Are you being sued by Capital One?
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Old 05-10-2008, 08:01 PM   #18 (