Navigation

Items not validated on credit report

Message Author
PostPosted: Tue May 13, 2008 12:39 pm Subject: Items not validated on credit report

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?
_________________
Success is not always measured in results.
waterbug811

waterbug811

Leave a quick message for waterbug811
Joined: 01 Jun 2007
Posts: 138
Debtcc Points: 3226

PostPosted: Tue May 13, 2008 12:50 pm Subject:

I thought that was a violation of the FDCPA, once validation has begun, all collection activity and reporting is suppose to cease. I'm not positive though, I'm sure someone can either confirm what I said, or correct it. Hang in there. Smile
_________________
Online Complaints Ohio Attorney General
Online complaints: Federal Trade Commission.
Ohio Payday Loan Laws
Ohio Consumer Protection Law
Shazzers
Moderator
Shazzers
Moderator

Leave a quick message for Shazzers
Joined: 05 Dec 2007
Posts: 4306
Debtcc Points: 27388

PostPosted: Tue May 13, 2008 1:33 pm Subject:

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.

_________________
I am working hard to take care of my debt...any point donations are greatly appreciated!
Seeing_the_Light

Seeing_the_Light

Leave a quick message for Seeing_the_Light
Joined: 28 Mar 2006
Posts: 536
Debtcc Points: 13857

Quick Reply
Your Name
Subject
Message body
All times are GMT - 7 Hours
Page 1 of 1

 
About Us | Contact Us | Privacy Policy | Testimonials | Sitemap | Espanol | Media Kit | Terms of Services Navigation
Hacker Safe   Member of IAPDA   DnB Listed