HI!!!!!!!!! I know it sounds simple enough but I know how CA's have 30 days to validate but what happens if they send you a letter before the 30 days is up saying they cannot locate and asking you to send additional info(yeah right )??Can you at this point advise the CRA and have them remove the negative listing or should you wait til the 30 day deadlineo?? Quarter for your thoughts
In that case, you've WON. It's not your job to provide them with information to prove that you owe them money. Don't send them anything except a letter stating that "since you are unable to provide any documention of this debt, I demand that you delete this tradeline and cease further communicaitons with me." The FDCPA clearly states that the CA must obtain documentation from the ORIGINAL CREDITOR and that the CA must provide that information to the alleged debtor. If they don't have it or can't get it, then they can't collect. If they don't remove it promptly, I still wouldn't send their letter to the CRAs. I'd challenge the debt as "not mine." If the CA still verifies it to the CRA, I'd immediately sue them for continuing collection activity, failure to mark debt as disputed, failure to provide validation, purposefully providing false & inaccurate information, etc. Greg
Just to add to my previous answer, I would wait until the 30 period from the receipt of my initial letter had expired before I replied to the CA. I'd modify the estoppel letter seen in other posts here as my response. Greg
Could you clarify this? I think that you could be expected (say you're preparing for a lawsuit in the case they verify with the CRA's) to provide name, address, account # (as on credit report) and SSN. If you just sent your name and a return address, I'm sure that you could not win that lawsuit. The CA's request for more info would be a reasonable one in that case. But the OC is not information I would expect the consumer is responsible for. Assuming the account really isn't yours, how could you have this info?
Why would you sed them ALL of your info like that? I think that sending your name and account number and address is MORE then enough if they cannot find the debt with there OWN account number oh well. I would just send what is already on your CR regarding the account and that seems to be just the account number name of the CA/OC and of course your name but I think that would be enough to do the job and if they cant verify then move on to the next step.
I actually provided them with my name & address,name of the original creditor and the account number they had listed on my TU report,I do not have an account number for them because I have never received a bill from them The Scenario- I was on a joint account with someone who wrote a bad check so BoA sent it to a notorius CA and they probably contacted the other party instead of me(i couldn't give info If I wanted to cause I don't have it) so would that suffice as far as the info I provided??????
******************************* LizardKing Should I send the CA a standard dispute letter or an estoppel letter ????Your response is always appreciated ** Ignorance is Bliss Knowledge is King !
