I have a collection account listed from First Premier bank on my credit report which i believe is inaccurate.
I sent them a letter like below. In return, they sent me a letter saying that if I want to dispute the information I must take it up with the credit beaurea. I clearly had already done so based on my letter. Don't they have to provide the validation that they provided to the credit bureau? What are my options?
I am writing in reference to account [account number removed as per forum rules] which was placed on my Experian, Equifax and TransUnion credit reports by your company. The credit bureaus informed me that your company verified the account as being accurate.
Please let this letter act as my formal request for you to launch an investigation into the account which is my right under the Fair Credit Reporting Act.
Once your investigation is complete, I would like to receive a copy of the documentation that was used to verify the account with the credit bureaus. I need this documentation due to the fact that I know this account is inaccurate and needs to be deleted from my credit reports.
Upon your investigation, if you find that there is no supporting evidence of the accuracy of the account, I would like you to please move forward by informing the three major credit bureaus (Experian, Equifax and TransUnion) of your findings so that they can delete the account from my credit reports as soon as possible.
The Fair Credit Reporting Act allows me to take legal action if this matter is not resolved as soon as possible and I will have no hesitation in doing so.
Thank you for your cooperation and I look forward to hearing from you as soon as the investigation is completed.
Under the Fair Debt Collection Practice Act (FDCPA) section 809, your debt collector has to stop all collection activity unless and until it proves your debt. The debt collector obtains verification of your debt and a copy of such verification has to be mailed to you by your debt collector.
If they don't send you any proof and are still reporting the debt on your credit report, it means they have violated the FDCPA. As you have already informed them about this and if they still do not remove the unverified debt from your credit report, you can file a lawsuit against your collection agency.
But it is not a debt collector (collection agency), it is the original creditor. Do the same rules apply? It seems like they should have to show me the validation that they provided to the credit bureaus (who determined the debt was valid after the OC supposedly provided proof).
Usually with the original creditor you can try to work it out and get the problem taking care of before it gets out of hand.
You need to visit the Fair Debt Collection Practice Act (FDCPA) section 809 as stated above and see what they have violated.
It is best to get it straightened out with the original creditor rather than a collection agency.
It is usually harder to get things removed by the original creditor unless you work out some type of deal with them. What type of information did they misrepresent?
Ok, 809 applies to DV letters to a collection agency. what the original poster is talking about is a 623 investigation request under the FCRA. there is no duty to stop "collection activity" but they must support the data they are report to the CRAs or delete I wrote an essay on this in my links
xj0Whk Very good blog article.Thanks Again. Much obliged.