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Posted: Tue May 13, 2008 12:39 pm Subject: Items not validated on credit report |
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I am a little unclear on this. Can a collection agency place an item on your credit report before they contact you and before it is validated? For example...a person is contacted in July regarding a debt, a validation letter is sent, the item appears on a credit report in October, but validation is not received until December?
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waterbug811

Joined: 01 Jun 2007
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Shazzers
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Posted: Tue May 13, 2008 1:33 pm Subject: |
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The collection agency is supposed to validate the debt, and until that time must cease collection attempts ONLY. The item can appear on the report whenever they report it, but if you ask for validation, they cannot continue to report OR attempt to collect the debt from you, i.e., call you, etc.
If the item was already on your report before July, then it would have stayed there through the validation process, they won't "remove" it while they are validating... they should just stop calling/sending letters to you trying to collect.
If the item was NOT on your CR before they sent the letter in July, etc... then they did violate by reporting to the CRA before notifying you of the validated debt.
If this is a valid debt (from what the letter in December said), I would not try to dispute this if I were you. Perhaps you can negotiate a settlement based on the fact that they were in violation of the FCRA. This may give you some leverage.
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Seeing_the_Light

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