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92 Days & Waiting...

Date: Mon, 06/20/2011 - 12:53

Submitted by BD85
on Mon, 06/20/2011 - 12:53

Posts: 35 Credits: [Donate]

Total Replies: 11


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As the debt has went to collections, so it will affect your credit score adversely. If you think that a false information has been reported to the credit report, then you can request the credit bureaus to remove the listings from the report. They will remove the item after investigation. Send a C&D letter to the collection agency as you haven???t received the validation letter.


lrhall41

Submitted by Good Nelly on Mon, 06/20/2011 - 23:17

( Posts: 2846 | Credits: )


Thank you for the advice.


True. I understand that it may affect my credit score because it was turned over to a CA. The info that they reported is what they sent to me on March 3rd, 2011. It's 100% accurate (so far) but what I don't understand that they can report it BUT fail to validate it to me? How can a CA or anyone report any type of info, if it hasn't been validated properly? To me...it's falsely accusing someone without proof or evidence. Should I send a C & D letter to make them realize I still exist? I really don't want to because if they are failing to validate proof, well that's good news for me.


lrhall41

Submitted by BD85 on Tue, 06/21/2011 - 00:00

( Posts: 35 | Credits: )


Actually they are reporting correctly and as required by law with the "Consumer disputed" notation.

A cease and desist is moot. Per the FDCPA they must cease collections and contact until the dispute is validated...which it appears they are following.

Dispute it now with the credit bureaus...if they validate with the credit bureaus without sending anything to you, then you would have a violation.


lrhall41

Submitted by SOAPLADY on Tue, 06/21/2011 - 04:20

( Posts: 17315 | Credits: )


OK, let me see if I have this right.

--you sent them a DV letter in March.
--they reported on all of your credit reports, and they began reporting in April and May.

If this is the case, then no, they have most certainly NOT reported these correctly. The FDCPA specifically prohibits ANY collection activity without first providing validation when it is properly requested. You properly requested it in March--at that point, they are not allowed to take ANY further collection effort against you until they validate. So, they have not validated, but 1-2 months after they got your DV letter they began reporting. Look on your reports, there should be a "date reported". Check that and tell us what it says.

If I do in fact have this correct, I would dispute with all three credit bureaus. They will notify the creditor and the CA will have 30 days in which to respond to the dispute. They only need to VERIFY the debt, not validate it, to the credit bureaus in order for it to stay. But if they do verify it, then dont waste another minute. Find yourself a good consumer attorney and file suit against them. They have already broken the FDCPA...just make sure you keep paper copies of your credit reports, as well as the USPS signature card from when you sent the DV letter.


lrhall41

Submitted by skydivr7673 on Thu, 06/23/2011 - 04:59

( Posts: 2036 | Credits: )


isabella,even pulling someone's credit after a DV letter was sent is not permissable purpose.please read the entire thread before posting.again even pulling credit after a DV letter is sent is collection activity and AN FDCPA violation.


lrhall41

Submitted by paulmergel on Fri, 06/24/2011 - 05:29

( Posts: 15514 | Credits: )