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Debt not valid. Can the creditors report to the CRA?

Submitted by on Tue, 10/25/2005 - 09:09
Posts: 202330
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If I dispute the validity of a debt after receiving the initial collection agency letter, can the agency report the debt to the credit bureaus without validating the debt with their client. ( The creditor has admitted their mistake to me over the phone and agrees that it was their error in sending the account out for collection.)


jim,

The process is something like that- Once you receive debt validation from your creditor/collection agency, whatever; you get a 30 days time period to dispute the debt. Collection agency or your creditor can report your account to credit bureaus within this time span.

It's nice to hear that your OC has accepted their fault, so if your account is reported to Credit Bureaus already, it will be removed as soon as they report it again mentioning their fault.

If they don't, you can ask them to do so, or you can dispute the entry with Credit Bureaus also. Please let us know if you have any more queries.


Submitted by 4u.bryan on Tue, 10/25/2005 - 11:46

4u.bryan

( Posts: 819 | Credits: )


Hi

Welcome on the board!

Here is a letter that authorizes your consumer rights as per the fdcpa law.

[quote]Date

Your Name

Name and Address
of original creditor

Re: Acct # 000-000-000-000

To Whom It May Concern:

This letter is regarding account # 000-000-000-000, which you claim I owe. This is not a refusal to pay, but a notice that your claim is disputed.

I am requesting validation, made pursuant to the Fair Debt Collection Practices Act. Please note that I am requesting "validation"; that is competent evidence bearing my signature, showing that I have some contractual obligation to pay you.

Please also be aware that any negative mark found on my credit reports from your company or any company that you represent for a debt that I don't owe is a violation of the Fair Credit Reporting Act; therefore if you cannot validate the debt, you must request that all credit reporting agencies delete the entry.

Pending the outcome of my investigation of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports.

If you no longer own this debt, remove the derogatory marks from my credit report per the FCRA. Failure to respond within 30 days of receipt of this certified letter will result in legal action against your company. I will be seeking a minimum of $5,000 in damages for:


  • Defamation
  • Negligent Enablement of Identity Fraud
  • Violation of the Fair Credit Reporting Act

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.

Best regards,

(insert your name)

Cc: (Insert a lawyer's name here), Esquire[/quote]

(It is your legal right to dispute any item on your credit report, for any reason. If documented proof that discredits your dispute isn't provided within 30 days, it MUST be removed by law. This is why it is so important to send the dispute form via certified mail. Not only to insure its delivery, but to have documented time of when it was sent.)

Regards
Roxette


Submitted by roxette on Tue, 10/25/2005 - 12:41

roxette

( Posts: 4009 | Credits: )