Hello All, I read online today that if you request a debt validation with the collection agency, but your TL states that "consumer disputes account information, meets FCRA requirements" the collection agency is under no obligation to validate debt or even respond to your request. Is this true? Back story... After receiving a debt notice 7/16/2010, I mailed the CA a letter (CMRR) asking for debt validation within the 30 days, which they received on 8/9/2010. In September 2010, I pulled my credit report and saw that they reported this debt to the all three CRAs. I immediatley called the CA and they stated that they don't accept letters and that if I called them they would not have reported it. After the contacting the CA, I mailed all three CRAs a letter (CMRR) disputing the debt and they all came back verified. Fast forward one year...On 9/20/2011 I sent a second letter (CMRR) to the CA asking for debt validation, which they received on 9/23/2011. Two days after receiving my letter, they once again updated my report with all three CRAs. The CA has never provided documentation. I reported this to the FTC and the BBB and in a third letter (CMRR) to the CA I included that I reported them and would report them to the Attorney General if I did not receive a response from them. If the CRAs are validating this debt, why can't the CA just send me what they think they have?!? If the CA doesn't respond, what is my next step...report to the Attorney General and dispute with the CRAs again? After reading that they will not respond to a debt that has a TL of "consumer disputes" I feel helpless and that I have wasted my time! Any answers, advice will be greatly appreciated! Thank you.
I've never heard that before. The information furnisher is the one placing that notation on your credit reports, so it wouldn't make any sense to me that it would allow them to then ignore your request for DV. I'm not a lawyer, but if you requested your DV in a timely manner within the 30-day time period, my understanding is that they need to respond per the FDCPA. If they don't, they need to cease collection activities, which they clearly haven't done. Send the CA a letter, providing proof that they received your DV letter, and let them know that they are now in violation of the FDCPA, section 8099(b). Tell them they need to immediately remove the collection listing from your credit report or you are going to file a lawsuit. Then wait and see how they respond. Let us know how it goes.
