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NO VALIDATION BUT STILL REPORTING TO BUREAU

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Fasfeed

Joined: 06 Feb 2008
Fasfeed's page
Posts: 87

3212 Magic Points

Subject: NO VALIDATION BUT STILL REPORTING TO BUREAU

Mon May 05, 2008 11:36 pm

I sent out validation letter to collection agency certified mail, they in return sent me a letter stating that they verified the account with the original creditor . I in return mail out a letter stating that they were in violation by not validating the account and were subject to a 1000. fine . Validate not verify is what i requested. I also disputed with credit bureau at the same time , the 1 /2 punch. Telling them I was requesting validation from the agency. Equifax reported back as account verified with agency. What is my next step being that the collection agency ignored my request for validation but still verified account with the credit bureau after i told yhem they were obligated to do so and not report any thing else until complete.

DebtFreeInFl

Joined: 04 May 2008
DebtFreeInFl's page
Posts: 9

507 Magic Points

Tue May 06, 2008 2:27 pm

Take this question to the debt forum they will help you deal with this situation.

CMBV22

CMBV22

Joined: 08 May 2008
CMBV22's page
Posts: 378

4034 Magic Points

Sun May 11, 2008 6:42 am

If I were you I would
1) send a more detaled DV letter. I use this one:

Date: 4/05/2008

Re: Acct #XXXXX

To Whom It May Concern:

This letter is being sent to you in response to a claim filed in my credit report in 3/2004. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

What the money you say I owe is for;
Explain and show me how you calculated what you say I owe;
Provide me with copies of any papers that show I agreed to pay what you say I owe;
Provide a verification or copy of any judgment if applicable;
Identify the original creditor;
Prove the Statute of Limitations has not expired on this account
Show me that you are licensed to collect in my state
Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit BureauÂ’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

Violation of the Fair Credit Reporting Act
Violation of the Fair Debt Collection Practices Act
Defamation of Character
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

Your name

[font=Verdana]DO NOT SIGN THIS OR ANY LETTER YOU SEND A CRA!!!!![/font]

2) I would call all three credit agencys and request the method of verification, which is your right under the FCRA section 611 (a) (7). The credit bureau must give you this information within 15 days of the request.

If they still wont stop reporting or validate the debt properly you should send an intent to sue letter. THIS IS ONLY IF YOU ARE PREPARED TO GO TO SMALL CLAIMS COURT. I HAVE NEVER DONE THIS AND WHILE I AM SURE THIS SCARES OFF MOST CRAS YOU NEVER KNOW!

carol

Joined: 27 Jun 2006
carol's page
Posts: 401

10920 Magic Points

Mon May 12, 2008 6:19 am

Hi Fasfeed

I think you can go by the guidance of CMBV22. I hope it will definitely suit your purpose.
_________________
Keep in touch
Carol


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