Can a CA legally do this?

Discussion in 'Credit Talk' started by QUEEN_BEE, Jan 30, 2002.

  1. QUEEN_BEE

    QUEEN_BEE Well-Known Member

    Can they legally do this?

    [ Noted: message removed per author's request ]
     
  2. cnswift

    cnswift Well-Known Member

    Re: Can they legally do this?

    They've done it to me a couple of times.

    I've looked for something in the statute making this illegal before, but I've never been able to find it. =/

    --
    cnswift
     
  3. KHM

    KHM Well-Known Member

    Re: Can they legally do this?

    Love-
    I have filed a suit against a CA and I have 2 counts against them for this. I was never given the opportunity to dispute the info (30 days to send a letter) the 2 counts is for 2 separate debts. If they had given us the oppty. I would have disputed it, therefore it shouldn't be reported, make sense. I think this is my weakest part of the case, but I know the other 3 counts I have on them are solid. I'll keep you updated!
     
  4. LKH

    LKH Well-Known Member

    Re: Can they legally do this?

    I hate to tell you this, but I called the FTC on this subject and was told they can report it even if they never send you a notice or contact you by phone. Completely unfair and should be illegal, but its' not.
     
  5. KHM

    KHM Well-Known Member

    Re: Can they legally do this?

    So what about our "RIGHT" to dispute it? Is it 30 days from when we find it on our reports? This is so unfair!
     
  6. QUEEN_BEE

    QUEEN_BEE Well-Known Member

    Re: Can they legally do this?

    AMEN!
     
  7. LKH

    LKH Well-Known Member

    Re: Can they legally do this?

    It's 30 days from the first contact by the ca. If I'm correct, when a derogatory item is reported, the creditor or ca has 90 days to send in the specific date of last activity. I believe that they must notify you by the time that 90 days is up. I could be wrong. I suggest you call the FTC at 1-877-ftc-help and see what they say.
     
  8. Terry

    Terry Well-Known Member

    Re: Can they legally do this?

    Well the FCRA states that you dont' forefit the 30 day rule. Meaning they can report it, at anytime, but that doesn't mean they don't have to validate the debt. Ask for validation. Keep in mind they have to provide competent proof that you "owe" the debt.

    People don't be afraid to cry from the rooftop. Scream to your AG, go to a state represenative if necessary. File a complaint with the FTC (even though its a major joke). Your AG (Attorney General)should be the biggest resource too you. Send a validation letter, estoppel letter, if no response go to your state AG.

    Make sure you asked for validation (as perscribed by the FCRA) and the creditor didn't reply. Keep in mind it doesn't matter if the debt is legit or not. The fact of the matter is if the company doesn't provide validation, within the perscribed 30 days, it must be removed from your credit bureau.
     

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