Debt collector giving me the runaround. What to do?
Date: Sat, 04/09/2011 - 05:17
Sent a DV letter back, delivered 01/03/2011 (27 days) USPS Certified.
So far they haven't responded or verified in any way.
On 03/10/2011 I noticed the following apprear on all my Credit Reports:
New Collection SOUTHWEST CREDIT SYSTEMS I
[TransUnion] Account information disputed by consumer, meets FCRA reqs
[Experian] Customer disputed account - reported by subscriber.
[Equifax] Consumer disputes this account information
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Subject has not satisfied debt.
From there on I keep getting alerts that a new collection is being placed: on 03/26/2011;04/02/2011. They keep changing the dates!
This caused a 100 pt drop in my scores.
Are they allowed to place this on my reports 3 months later? Are they allowed to keep updating it like this? Should I dispute with the Credit Bureaus?
What you should do is hire an attorney and sue them. No joke.
What you should do is hire an attorney and sue them. No joke.
OK, here's the deal--the moment that you send them a timely DV letter, they are no longer permitted to take ANY collection activity against you until they validate. it sounds like you have proof of the DV being received--keep that, it is now evidence.
OK, at that point, they are no longer allowed to report or update your credit files. I would dispute the debt, in writing, with all three credit bureaus. Chances are good that these people will verify each one. Then, go find an attorney. At that point, you have them on a very strong FDCPA case, as well as a potential FCRA case. The FDCPA case provides a maximum penalty of $1000 plus actual damages, that they would have to pay to you if you win(and you should, this is pretty obvious). The FCRA, however, provides up to $1000 per occurance. So, every month that they continue to update a reported debt without being able to validate it, thats another violation. Times three, if they update every one of your reports. I am working a case right now for myself where the CA is facing the possibility of over $50,000 in FCRA violations alone....it happens.
But dispute the debt first with the CRAs, and then when they verify it, let us know.
