Credit Card/Certified Verification Question

Hello,



I have a question regarding certified verification but before I ask it I am going to give you a quick background. Back in February of this year, I sent all three credit reporting agencies a letter requesting certified verification of alleged debts. At the same time I sent a letter and a certified promissory note (CPN) to one of the alleged creditors referencing HJR 192. They responded claiming I am required to pay according to 12 U.S.C. 24 Seventh stating I agreed to the terms of the credit card. So, I sent another letter and CPN to the alleged creditor and Courtesy copied the 3 CRA on the possibility of fraud. All 3 CRA’s placed a fraud alert on my commercial report. The alleged creditor has never responded or sent the CPN back to me but sent my alleged account to a collection agency. I responded to the collection agency and they have yet to respond. I have continued to ask the 3 CRA’s for certified verification. I have sent 6 letters so. In my previous letter I included this statement: A request for validation for this alleged creditor/debt was attempted over 3 months ago, from your organization as well as the alleged creditor, but I never received it. This is a violation of the Fair Debt Collection Practices Act. This request was for accuracy for your organization’s protection and for my commercial person’s well-being. Might I add, reporting false information is a violation of the Fair Credit Reporting Act. If your organization continues to relay this unverified data I will promptly file a complaint against your organization with the Federal Trade Commission. I mention this final attempt only as a courtesy, as I am sure it is your desire to rectify this situation brought to your attention once again. I received a TransUnion/Experian consumer report claiming an investigation and reinvestigation was conducted and the results stated as “previously verified”. There response also included this statement: Verification Documents not Available. If I need to obtain documentation or written verification concerning any accounts, then I must contact the creditors directly. I have tried but they won’t respond. Now, I thought the CRA’s are responsible for investigating. How come I am required to contact the alleged creditor? What do I need to do to have this situation resolved? I am not looking for legal advice. Thanks

[Jerseee]

MyTf,



You have exhausted all avenues through the code. It has been over 120 days and still you have not gotten the one thing that you asked for....CERTIFIED VERIFICATION.



In my humble opinion, you are not only being dishonored by CITIBANK, but the CRAs as well. I am in a simliar situation and when I am in the place I need to be--I will file a complaint against those whom have dishonored me.



But before you take such an undertaking---prepare.



Research the Federal Rules of Civil Procedure Annotated Statutes (FRCP), Federal Rule of Evidence Annotated Statutes (FRE), and your State rules as well. But make sure that you get the Annotated Statutes!!! This is a gold mine of information and adjudicated case law that will support your position.



Also, from the majority of posts that I read on this site, a lot of folks have been railroaded by judges. It is vital that we get things in the record before a hearing even begins. One of the things that I truly believe should be first on the list of making it to the record is "Judicial Notice".



In the FRCP Annotated Statutes--it has case law and the rules of Judicial Notice. This keeps the judge from making new law and basically forces them to use the law that is already adjudicated or on the books already!!!



Do your studies and prepare yourself before filing a claim.

[gregtu]

Jerseee, did dishonor on their behalf come from you requesting verification from the cra's or did it come when you used the cpn? I know when you use the cpn you also include a letter stating that if the debt can be verified to use the cpn as payment.

[Jerseee]

Greg,



Dishonor for my situation was, the CCC garnished 60.00 from wages after the CRAs deleted them from the credit report.



Nonetheless, they are born into dishonor from the beginning or until they refuse to prove their claim when demanded to show and prove.

[gregtu]

Jerseee, this had to happen a while back!!! With the things you know now, I can't see this happening. Sounds like you have them in a rough spot. Stick it to them!!!!!

[Jerseee]

Greg,



Actually everyone should anticipate being dishonored by the thieves. This is the only way they can survive--through dishonorable deeds.



What I am trying to accomplish for folks is to get them the evidence of the CCCs and CRAs first. Once they have this in writing from the thieves, then folks should continue to use the code to get remedy.



I know the code gives the CRAs 30 days, but I highly recommend 60-90 days. This shows good faith and also gives the thieves ample opportunity to cure. Doing this eliminates any debate about them not having enough time to assess the matter. Plus it keeps folks in an honorable position by providing grace throughout the whole process.



In addition to the lengthy time period, you acquire mucho evidence from their correspondences refusing or diverting from the original request of certified verification.



Once all of this is gathered and folks are ready to make their case--they will not be arguing or debating about anything--they are going to court to get certified verification. if they cannot get it--there is no debt.



The key is bring it out in the public so that others can see the fraud in action.



I am currently working on the second part of my method. Once things comd together--I will post and provide documents (if available) so others may see and learn my method of dealing with the scum bags in the public.

[Ice]

What I like is that they admit "verification documents are not available". This ADMISSION should serve well in any complaint filed against the CRA.

[Jerseee]

Exactly Ice,



This is the key!!! Admission trumps evidence.

Since you will have both admission and evidence--the only other keys that are needed is study and judicial notice (IMHO).



This whole method of mine began with that phrase "Admission Trumps Evidence". I was wondering how in the world can we ever get the CCCs to admit to their wrong-doing when they wouldn't.



And the CRAs were my answer. From there it was like putting a puzzle together after finding the key piece. Thanks Ice.

[seeker]

I'm bringing this back upfront to ask Jerseee if that second part of the remedy has been accomplished?

Can you give us a status report, Jerseee?



Thanks



Seeker

[Jerseee]

Seeker,



I have personally used my method 3 times for myself and assisted others in getting credit report entries deleted. And the one thing that is a blessing is that it goes no further.



Once stuff has been deleted--I do not hear from them again and so it goes.



However, there is one that bit and pushed the envelope and wandered into theft. So I will pursue this matter next month as I am not in a place that will allow me to go forward.