No Validation - Next Step??

Yes your next step is to just dispute it with your credit report(s)....If it comes back verified, you then have the right to sue for FDCPA and FCRA violations....you should really do this in writing by US mail.....I have heard if you dispute online, in fine print you pretty much cannot hold the credit bureaus liable, they have a clause on that which I think is BS. They do not respond because they do not have anything and cannot get anything.....I will note this. Seeing as you disputed with the first debt collector and they sold the account, that account must be marked as disputed, when the next debt collector gets it, they must validate before continuing collections.....now either it was not marked as disputed or the next collector ignored the disputed debt and just went ahead and continued to collect....you would sue them both and make each prove their case.

You should also send a second letter to the second debt collector, note you have disputed this account with the first debt collector already and by them contacting you, it is continued collection activity. Tell them any further collection attempts and you will be forced to consult with your attorney to see if suit should be filed...you really can't give them a time limit as only Texas as I know of gives a debt collector 30 days to respond, other than that, under the FDCPA, there is no time limit for a debt collector to respond to a debt validation letter...

Now if your credit reports are verified as accurate, you will then need to consult an attorney, you can find one at NACA.net...If it gets deleted, then I really wouldn't bother doing anything

When I sent the DV request to the second creditor, I advised them that they were the 2nd creditor on this account and that the first one did not validate. I will send my dispute certified mail to the credit bureaus (damn, this one debt is costing me $$ in mail) so they can't say they didn't receive it.

Hopefully, I won't hear from a 3rd collector in the meantime......Thanks for the info

[QUOTE=pokertramp;669272]Yes your next step is to just dispute it with your credit report(s)....If it comes back verified, you then have the right to sue for FDCPA and FCRA violations....you should really do this in writing by US mail.....I have heard if you dispute online, in fine print you pretty much cannot hold the credit bureaus liable, they have a clause on that which I think is BS. They do not respond because they do not have anything and cannot get anything.....I will note this. Seeing as you disputed with the first debt collector and they sold the account, that account must be marked as disputed, when the next debt collector gets it, they must validate before continuing collections.....now either it was not marked as disputed or the next collector ignored the disputed debt and just went ahead and continued to collect....you would sue them both and make each prove their case.

You should also send a second letter to the second debt collector, note you have disputed this account with the first debt collector already and by them contacting you, it is continued collection activity. Tell them any further collection attempts and you will be forced to consult with your attorney to see if suit should be filed...you really can't give them a time limit as only Texas as I know of gives a debt collector 30 days to respond, other than that, under the FDCPA, there is no time limit for a debt collector to respond to a debt validation letter...

Now if your credit reports are verified as accurate, you will then need to consult an attorney, you can find one at NACA.net...If it gets deleted, then I really wouldn't bother doing anything[/QUOTE]

Something here needs to be corrected. The above text in red is incorrect. There is no such requirement within the law. If you DV a debt collector, they have the legal right to stop trying to collect on it and sell the account to another debt buyer. BUT--your DV is ONLY addressed to the FIRST CA you sent it to. It is in no way binding upon the new owner of the debt. For that, you must send out a new DV certified letter to the new CA. Remember this--you're talking about "reporting the debt as disputed".....but the CA is under no legal obligation to report the debt at all. Nothing in the law requires them to put it on your credit file at all. The law only states that if they choose to report it, they must report it accurately. And since a new CA owns it now, and you have not yet disputed it with that agency, they cannot legally report it as disputed until you dispute it with them.

Finally, a debt collector has NOT performed "continued collection activity" by selling a debt to someone else. That is absolutely without merit within the law. Each debt collector is independent of the previous one, and in the same manner, you cannot hold the new CA liable for what the old one did. The wording of the law is all that is needed to address this, as the FDCPA says nowhere near any such thing.

Skydvr, thanks. I did send validation request to the second CA and told them the account was in dispute. Got the card back, but no validation. Haven't heard from them either.....I just want this damn thing to go away.....