collection agency threating even after removal

Submitted by dawnmarie52903 on Wed, 09/30/2009 - 17:38
Forums

i got a letter from a collection agency say ing that they are going to file a suit against me in 90 days, but they already deleted the account from my report when i disputed it, what should i do

Hi dawnmarie,

Once you have disputed the debt and the CRA has removed it, ideally it should not reflect on the credit report again. That listing has already been removed due to inadequacy in its validation. So, if the debt was not validated, then you do not need to pay for that, neither should it appear on the report. I would suggest you to call back the CA and talk to them regarding this issue. I think you can also send a debt validation letter to the CA asking to validate your debt, which I think they will not be able to do as the listing was already removed once.

Thu, 10/01/2009 - 07:32 Permalink

JUSTIN.......even if a CA DOES send you a 'validation', how can you REALLY tell if the validation is genuine? Also.....if CA's DON'T send you a validation, doesw the CB's have a obligation to 'remove' the debts from your CR? I've had this happen before. I had CA's tell me that they would not send 'validations'. THEN I 'disputed' the debts with the CB's, telling the CB's an explaination why I was 'disputing' them. STILL...these debts remain on my CR.

Thu, 10/01/2009 - 13:00 Permalink

SD, I can not understand how they are remaining on your report if they refused to validate. By rights (yours) if they do not validsate then you should be able to dispute and remove them. Make sure you keep record of the validation request that you sent out so if they would take you to cout you would win. Have you contacted the bureaus on any of this? What about the atty general? You could ask him what step you would follow once the debt wa not validated and they were not removed from your report.

Fri, 10/02/2009 - 01:48 Permalink

Hi Sd,

The CA is supposed to provide genuine documents of validation to you. It should provide a copy of the original contract with creditor and also a copy of the document proving that the creditor has sold the debt to the CA. Otherwise they are violating the FDCPA. A debt listing should not remain in your credit report if it cannot be validated. Come to think of it logically, why would someone pay a debt which legally does not belong to that person? The listing should get removed after you dispute it, when the CA could not validate. If you still find it in your report, then you have to contact the CRAs and ask them to clarify it. However, before approaching them, make sure you have all the documents that will prove that you requested for validation. If the problem persists even after this, like Firey said contact the State Attorney General for guidance.

Fri, 10/02/2009 - 09:33 Permalink

it is not on my report anymore, but they are sending me a letter threating to sue me, even though the debt isnt on my CR

Fri, 10/02/2009 - 22:11 Permalink