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mizzmari1
Joined: 08 Jul 2010
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Posts: 7
154 Magic Points
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Subject: Debt Not Validated but Verified?
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Thu Jul 08, 2010 6:33 pm
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I disputed the validity of a debt account to all three Credit Reporting Agencies and sent a request to validate the debt to the collection agencies. The CRA verified the debt, but I have yet to receive proper validation from the actual collection agencies. I forwarded my supporting docs to the CRAs and then called to ask if what I submitted will be enough to remove the accounts from my file and I was told no.
I'm confused. They all they need was a verification from the collection agency to leave it on there and the only way to get it removed is upon request from the collection agency themselves despite the proof I offered them.
What should be my next step? |
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Barbara_Elena
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Subject: Unverified debt
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Fri Jul 09, 2010 6:50 am
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If collection agency did not verify your debt and are still reporting this on your credit report, you can send a copy of your receipt of your registered mail, a copy of your first mail that you sent to them and also mention that the collection agency has violated the Fair Debt Collection Practice Act (FDCA).
You must also mention that, if they do not remove the misinformed debt from your credit report you are going to file a lawsuit under FDCA, section 809 (b). Wait for 15 to 20 days for your collection agency to respond. |
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sdchargers_63
Joined: 13 Aug 2007
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Posts: 1889
1387 Magic Points
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Subject: credit
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Fri Jul 09, 2010 9:33 am
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| Ok..now....I've tried, a few times, to get debts Validated, from OC/CA's. I received some BS paper, stating, "yes..you owe this debt." However...this 'document' didn't have my signature, etc., on it. It just looked like a copy from something. When I tried to 'dispute' it, through the CRA's, they sent me a letter that said, "the debt was vaild." That really frustrates me!! I would think the CRA's would do a bit more investigating...ya know? |
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Aaron
Joined: 08 Feb 2010
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48567 Magic Points
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cinnamngrl
Joined: 01 Nov 2008
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Posts: 1455
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Fri Jul 09, 2010 10:32 am
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this is MOV situation. that is Method of Verification letter to the CRA. it seems that you have asked the CA to Validate DV. So send a copy of the green receipt card to the Credit Reporting agency and ask how did you verify this if they can't send me anything? look in my links for more detail.
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How to PFD, OPT-out, Complain, etc
All credit articles at EHOW |
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JackArons
Joined: 09 Jul 2010
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Posts: 2
30 Magic Points
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Fri Jul 09, 2010 6:01 pm
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Let me first say that I am not an Attorney. I have successfully sued three Collection Agencies and I am currently suing two of the CRA's.
I have read some of the posts on here and find them to be informative but not always correct.
If you have the fax number of a collection agency you can fax a validation letter to them or to the CRA. Both State and Federal Courts will accept a print out from you fax machine verifying that the faxed document was sent and received.
In the past several months there has been some major issues concerning tactics by the collection agencies that have come under fire and have found to be illegal. The Supreme Court for the State of Georgia (as well as 10 other states) have found Robo calls to be illegal.
A robo call starts out with: "If this is......press 1 if this is not.....press 2". They are illegal because anyone in your home can have access to the call.
The Florida Supreme Court has declared that the FDCPA does not require that you dispute the debt in writing.
A major blow to the Collection Agencies and their Attorney's is the latest case to come before the United States Supreme Court and that is the Bona Fide Error Defense which for years gave them a way to avoid getting nailed for illegal activity.
The Supreme Court in Jerman v. Carlisle, McNellie, Rini, Kramer & Ullrich LPA, No. 08-1200 held that a debt collector who makes an incorrect statement of law in communications with a debtor may not invoke the Fair Debt Collection Practices Act's "bona fide error" defense, 15 U.S.C. § 1692k(c), even if it was unintentional error.
Supreme Court Decides Bona Fide Error Defense Not Applicable to FDCPA
On April 21, 2010, the Supreme Court handed down its decision in Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, et al., holding that the bona fide error defense provided by the Fair Debt Collection Practices Act (“FDCPA”) does not apply to mistaken interpretations of the legal requirements of the FDCPA. Justice Sotomayor delivered the opinion and was joined by Chief Justice Roberts, and Justices Stevens, Thomas, Ginsburg, and Breyer. Justice Breyer wrote a separate concurrence, as did Justice Scalia who concurred in part and in the judgment.
The above is a major blow to both the collection agencies and their Attorney's. |
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cinnamngrl
Joined: 01 Nov 2008
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JackArons
Joined: 09 Jul 2010
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Posts: 2
30 Magic Points
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Fri Jul 09, 2010 6:42 pm
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| Why? |
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cinnamngrl
Joined: 01 Nov 2008
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mizzmari1
Joined: 08 Jul 2010
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Posts: 7
154 Magic Points
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Fri Jul 09, 2010 9:38 pm
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Hey all... Originally I sent the dispute through a CRA and now I realized they are not going to do more than what is required of them which is to confirm information on file at face value. So I decided to send a follow up validation letter which according to the Fair Credit Reporting Act (FCRA) 15 U.S.C. § 1681i they have to respond to me in 5 days and notify the credit bureaus I'm disputing this information. And according to the Fair Debt Collection Practice Act they must cease all collection activity. The Federal Trade Commission stated that it was in their opinion reporting/verifying information regarding an account to credit bureaus/CRAs constitutes as debt collection activity. I guess my mistake wasn't citing the law and letting them know that I was aware of my rights...
But I do have a question... If they don't validate the debt in five business days, then they can't verify it within the 30 day period at all right? Please let me know... I was confused about that piece.
Here's my letter:
This letter is in response to your verification of the aforementioned account with Equifax, a credit reporting agency. On June 25, 2010 I sent you a letter, copy enclosed, explaining that I am not aware of this account and that I feel that I am not legally obligated to pay what you say I owe. Be advised that I am fully aware of my rights under the Fair Debt Collection Practices Act (FDCPA) as well as the Federal Consumer Reporting Act (FCRA), of which you are in violation.
It is the opinion of the Federal Trade Commission (FTC) that in accordance with the FDCPA 15 USC 1692g, you must cease all collection activity including verifying details of this account with any credit bureaus until you have provided me with the following information:
• The name and contact information of the original creditor
• The amount that you say I owe
• A detailed of explanation as to how you arrived at the amount I am currently told by your company that I owe to you
• A signed copy of the original loan agreement or application;
• A complete history of my payments beginning with my original creditor
• And a copy of your license to operate as a collection agency in the state of Florida (Florida State Statutes 559.553§ 1).
Please be advised, I have disputed this debt; therefore, until validated you know your information concerning this debt is unverified and inaccurate. Thus, if you have already reported this debt to any credit reporting agency (CRA) or Credit Bureau (CB) then, you must immediately inform them of my dispute with this debt pursuant to 15 U.S.C. § 1681i and submit the information requested in the allotted period, five business days.
Reporting information that you know to be inaccurate, or failing to report information correctly, violates the FCRA. Should you pursue a judgment without validating this debt, I will inform the judge and request the case be dismissed based on your failure to comply with the FDCPA.
If you do NOT own the rights to collect this debt, I demand that you immediately send a copy of this dispute letter to the original creditor that you say I owe money too so they are also aware of my dispute with this debt.
As of today, you have failed to respond to my requests. For your convenience, I have included a copy of my previous letter and a copy of the mail receipt showing that you received my letter on June 28, 2010.
Since you have failed to respond I assume that you have been unable to validate the debt and therefore, I consider this matter closed. You may consider this letter your official notification that I do not intend to correspond with you on this matter again unless you comply with my requests.
Any attempt to collect this debt without validating it violates the FDCPA and that I am recording keeping all correspondence concerning this matter. Be advised that I will not hesitate to report violations of the law to my State Attorney General, the Federal Trade Commission and the national Better Business Bureau. |
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Aaron
Joined: 08 Feb 2010
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Posts: 2675
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Subject: reply
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Sat Jul 10, 2010 6:53 am
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Hi miiz,
| Quote: |
| If they don't validate the debt in five business days |
I don't think there is any such rule regarding the collection agency having to validate the debt within 5 days. Fair Debt Collections Practices Act does not mention of any such idea. Can I know from where did you get this information?
Thanks,
Aaron
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mizzmari1
Joined: 08 Jul 2010
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154 Magic Points
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mizzmari1
Joined: 08 Jul 2010
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Posts: 7
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Thu Jul 15, 2010 6:21 am
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OMG... I sent Equifax all of the docs showing that I requested the collection agencies to validate the accounts and told them that the collections agencies were violating the law and they knocked them out for me... I was too late for three other accounts, but I re-submitted the dispute and am expecting favorable results 
thanx for your help and support
Here's the letter I sent to Equifax
RE: Confirmation #{insert dispute number}
To whom it may concern:
It has come to my attention that dispute #{insert dispute number} 0171000098 is in the process of being completed. This letter is to inform you that the following accounts have not been validated in accordance with the Fair Debt Collection Practice Act (FDCPA) and continuing to report the accounts as valid violates the Fair Credit Reporting Act (FCRA):
1. {list collection agencies}
On {insert date} I sent a letter to {list collection agencies} disputing the alleged accounts listed on my credit file and requested the name and address of the original creditor as well as verification the debt they claim that I owe. Enclosed, you will find copies of the aforementioned letter sent to each agency and Certified Mail Return Receipts.
After receiving a written notice that I, the consumer, disputes an account and/or request the name and address of the original creditor, 15 USC 1692g subsection (b) states that all collection activities with the consumer must cease “until the debt collector obtains verification of the debt or any copy of a judgment […] and […] name and address of the original creditor, is mailed to the consumer by the debt collector.” I have yet to receive verification of the alleged accounts or the name and address of the original creditor from either collection agencies.
As per the FDCPA 15 USC 1692c, communications, except to acquire local information regarding the consumer, constitutes as collection activity. If they have communicated the accuracy of the alleged accounts and not yet validated the debts with me, they are in violation of 15 USC 1692g and in accordance with 15 USC 1681i subsection (a), paragraph 5, I request that the accounts be removed from my credit file immediately after your investigation is complete until the following information has been furnished to me and proof thereof have been provided to your agency:
• The name and contact information of my original creditor;
• A signed copy of the original loan agreement or application;
• The current balance on the account
• A detailed of how the balance has been calculated
• Proof that the current collector, legally owns this debt or has legally been assigned the debt in question;
• A copy of a state-issued license that allows current collector to operate as a collection agency in the State of {insert state of residence}.
Furthermore, I request that you supply a corrected copy of my credit profile to me and all creditors who have received a copy within the last 6 months, or the last 2 years for employment purposes. Additionally, please provide me with the name, address, and telephone number of each credit grantor or other subscriber that you provided a copy of my credit report to within the past six months.
I thank you for your consideration and cooperation. If you have any questions concerning this matter I can be reached at (xxx) xxx-xxxx. |
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cinnamngrl
Joined: 01 Nov 2008
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Posts: 1455
6346 Magic Points
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mizzmari1
Joined: 08 Jul 2010
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Posts: 7
154 Magic Points
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Thu Jul 15, 2010 2:22 pm
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| they would still need a mov even if the accounts were removed? |
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