I requested validation a year ago. The response was it is your account, but we dont plan to pursue it. Now they sold the debt to another company, it is over 4 years old. The new company doesnt appear on my CR, and the old one changed the past due to $0 owed. New company sent me a bill. I requested DV from new company, saying its not mine. And disputed the OC with the CRA's. What other steps are needed.? Account 2: I requested DV from a creditor, they responded they have no contract, and sold the debt. (no CA has contacted me,) The CRA's refuse to remove TL with out a letter from OC, saying it can be removed, CRA's refuse to do anything with no contract letter. FTC complaint filed with no results. OC still verifies when disputed. How can I get this 5 year old TL deleted?
Need some details here, as it sounds like you are referring to the TL from the OC regarding a charge off. Just because a CA sells the account, and even does not report, does not mean the OC has to remove. So, what did you dispute with the CRAs? The OC charge off, or the CA collection account? Or both?
The OC for failure to validate the debt, and not having a contract. CRA's will not remove, sent the OC's letter to CRA's as evidience.
An OC is not required to "validate" a debt, unless they are acting as their own collection agent. An OC may be required to "verify" a tradeline/account, but the laws are loose there.
Well, thats totally opposite of what I wanted to hear. Let me see if I understand this. I requested DV from the OC when they had the debt. The did not validate, but didnt have to since they were not acting as a CA? Now they sold the debt to a CA, so the new CA has to validate? The new CA is not listed on my CR, but is collecting. (OC is on CR) Also there is no written contract, as the OC stated in a letter to me. So how will the CA be able to do a DV with no contract? Thanks for the info.
This is correct .[/QUOTE]Now they sold the debt to a CA, so the new CA has to validate? The new CA is not listed on my CR, but is collecting. (OC is on CR).[/QUOTE] Yes, the new CA must validate, if requested within 30 days after you receive "1st notification". [/QUOTE]Also there is no written contract, as the OC stated in a letter to me. So how will the CA be able to do a DV with no contract? Thanks for the info.[/QUOTE] Depending upon the account type, a "contract" may not be required. Account statements, receipts, transaction records, etc. may be all that is needed to validate. The aim of "validation" is only to validate that you are the correct person, that the debt has NOT been previously paid, and the amount is correct. I know your aim is to remove the tradeline from the OC, so to attempt this, your best shot is the "1-2 Punch" method. First, dispute the account, and request "verification" with the OC. DO this by sending a written dispute to the OC at the address listed on your credit report, no other one. Send the dispute Certified Mail Return Receipt Requested (CMRRR). When you have received the "green card" back, wait about 5 business days, and pull your credit reports to see if the account is marked "in dispute by consumer". Most likely it will not be. Then dispute with the credit reporting agencies (for the same reason used with OC). If the CRA dispute is "verified", and you do not receive a "verification" from the OC, then you have leverage by suing the OC for violations of the FCRA. But...if you go this route, understand that you will have to be ready to go to court. A threat of suit no longer hold weight. In brief, you are tring to "draw the foul" of FCRA violations, and negotiate deletion for not bringing legal action.
