Question About Posting on Credit Report

I believe that they can.. :roll: .however, someone with more experience than I will be along shortly to assist you

hi jc--

I am hoping that you still have documentation of the dispute letter you send them before, and documentation that the account was removed from your credit reports already.

Here's the thing--this is a violation of section 809(b) of the Fair Debt Collection Practices Act. This statute says that once you request validation of a debt, the CA must cease all collection activity until they contact the original creditor, get the necessary documentation, and forward it to you. Only then can they start up collection activities again.

So--

1--they tried to collect from you
2--you notified them that you disputed the account
3--they couldnt validate, so they pulled the debt from your credit files and stopped calling.

Now, since they still havent validated, they still cannot start up again. I would gather the copies of the things you sent them, hopefully you still have them, and send them a new certified letter. Include copipes of all of these things, and then tell them that their recent calls to you are a clear violation of fdcpa section 809(b). Tell them that any further attempts to collect on this debt without providing proper validation will result in an immediate lawsuit against them.

I would also remind them that if this appears on your credit files again, it will be a violation of both the FDCPA and the FCRA. If they realize you mean business, they might finally get a clue. Let us know how this turns out.

Wow thanks for the great info. I guess my project for the weekend will be to start going through files and getting the paperwork together. Thanks for your help!