Credit Cleaning
Date: Tue, 07/26/2011 - 10:51
A creditor is under no obligation to grant a goodwill request...
A creditor is under no obligation to grant a goodwill request...they are required to report accurately if they report to the bureaus. If you are in collections, that is even more of a reason they will not grant it....goodwill is generally granted to a good customer so that they will return and do business with them again..if you in collections, they probably do not want your business again.
What do you mean your DV was not sufficient enough?? What did they provide you with? We need more information.
If the item of information was accurately reported, requests for
If the item of information was accurately reported, requests for GW deletion are about all you can do.
When any party enters into a credit reporting contract with a CRA, they agree to abide by the credit reporting procedures set forth in the standard credit reporting manual ("Credit Reporting Resources Guide," (c) CDIA). In that manual, it is stated repeatedly that accurate information should NOT be deleted based on payment of debt. Refusal to accept a GW deletion of accurately reported information, while not against any statute or regulation, is nonetheless expected of those who report to a CRA. So I would tread lightly on becoming confrontational with a creditor over the issue of refusal to accept a good-will letter, including a PFD. They are technically just abiding by what they have agreed.
As for the issue of completeness of debt validation, it is the same as no validation at all, so the debt collector, at least from your perspective, is still bound by the "cease collection" activity bar of FDCPA 809(b). Violation on their part is not failure to validate, it occurs at such time as they resume collection activities. Of course, they will assert that the validation was sufficient, so the issue then becomes one of contesting the completeness of their validation.
DV-related issues are rarely, if ever, disputable under the FCRA dispute processes, as they relate to debt collection practices issues under the FDCPA, and not to the accuracy of their prior credit reporting. Administrative enforcement of FDCPA violations is with the FTC, so you address them by way of complaint to the FTC. However, the FTC does not, as a matter of practice, take action on individual consumer complaints. They write a letter, and that is about it.
To get a determination of the sufficiency of a debt validation, you usually have to resort to civil action against the debt collector, and get resolution of its sufficiency by the court. Until then, it is just a you said, they said.