Help...

Discussion in 'Credit Talk' started by jesusq, May 8, 2015.

  1. jesusq

    jesusq Member

    This is frustrating, I have an alleged debt which I have written three letters requesting for validation. The first letter was on August 2014 which was within the first 30 days of being notified of the alleged debt.

    I never received any validation from the collection agency.

    I have been dealing with Experian on trying to remove this negative remark out of my credit report. Repetitively they keep trying to do research and respond back with automatic responses such as 'we've researched this item and found out that this belongs to you' but still no validation.

    I have opened a claim with CFPB and yet again, Experian started a brand new research and responded to me with the same automatic respond.

    I was living in an apt complex and when I returned it, we did a walk through and everything was fine. The apt changed management and six months later I get a called from a credit agency with this debt.

    What can I do to force Experian from removing this negative remark?
     
  2. jam237

    jam237 Well-Known Member

    #1) The CRA doesn't perform validation, validation is performed by the CA. These are very important distinctions. Validation the CA has to provide something to show that the debt is valid, the CRA verification process, only requires that the CRA ask the DF to say "Y"es, what we are reporting is correct. (Yes, it really is as simple as hitting the "Y" on your keyboard.)

    So, in August, did you receive a LETTER from a Collection Agency, and send a letter to THAT Collection Agency demanding validation?

    If, so, I would probably have few other options than to let them know that I intend to sue them for violating the FDCPA, and FCRA; I would name EX as a co-defendant on the FCRA counts.

    The FDCPA would be for continued collection activity, and the FCRA would be verifying information which is incorrect, incomplete, and unverifiable; and failing to perform a conclusive verification of the information which is being reported.

    For damages, I would seek $1,000.00 for the FDCPA violation; and $1,000.00 for EVERY TIME that EX sent a response that they were able to VERIFY the account, or that they were REFUSING to VERIFY the account because they had previously verified the information.
     
  3. mindcrime

    mindcrime Well-Known Member

    Did you get any paperwork from the complex at that time indicating the apartment was in good order when you left?

    Did you have a security deposit that was returned to you (in part or in full)? ANY security returned to you (proof would be in the form of a check you cashed from them) would indicate that no damage or at least further damage existed when you left and no money was owed.
     
  4. jesusq

    jesusq Member

    I signed a paper for the walk through which they stood with and yes I got a check for the deposit and it was cashed. I will research this with my bank.
     
  5. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    Curious to know how this turned out for you jesusq. Were you ever able to get things resolved and the debt removed from all your credit reports?
     

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