I got a an initial letter dated feb 15th 2010. I sent a validation request that was deleivered on March 5th 2010. I got no reply back. This was put on my credit report today March 27th. Business Name: EQUABLE ASCENT FINANCIAL Account Status: COLLECTIONS Status Date: 03/13/2010 Balance Amount: $15522 Balance Date: Address: 1120 W LAKE COOK RD SUITE A Phone: 847-509-7800 What should my next move be. It seems that they are in violation because it is less than 30 days and have not validated. Should I get a lawyer to respond? I dont have much money for a lawyer. What are my options.
I would first dispute the tradeline through the credit reporting agencies before even calling an attorney. If they verify it, you have a pretty solid case under both the FDCPA and FCRA. If they are deleted, well, I'd let sleeping dogs lie. Right now, you have a weak violation of the FDCPA because they took continued collection activity without validating the debt first by virtue of the tradeline insertion. I say it's weak as of now because they could successfully claim bona fide error as an affirmative defense; particularly, if they are deleted or mark the account as being in dispute. Moreover, they could still validate the debt. It doesn't unring the bell but, they don't have to validate in 30 days (or at all if they don't take any collection efforts which they did though). If they validate, that tends to mitigate the continued collection activity and if they're deleted, again, it isn't worth anything really. What are you're damages if you don't mind me asking?
Well now this same comapny is reporting a new account under a different name on equifax. The other report was in Experian. Are they alowed to not verify it and then say that they are a new account??? 02/01/2010 Business Name: HILCO RECEIVABLES Balance Amount: $15522 Balance Date: 07/01/2009 Address: 5 REVERE DR. SUITE 206 Phone: 800-635-5733
