Can a CA report unvalidated entry?

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Can they continue to report in this manner without validation?
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Can they? or May they?
They can, and do, as you see on your report.

Its wrong, its lying, and against the FCRA but yet it happens over and over....

Send a proof of validation letter...I will try and search for one and post it.

-Peace, Dave

 

Here is a link for a second round letter by DaveLV that worked...also below that link I have copied and pasted the standard LizardKing Validation letter with the proof of validation request within the letter. Of course all letters need to be modified and tailored to your situation...good luck:

Click Here for DaveLv's Letters (1&2)

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LizardKing Validation letter:

Here it is again, the original unchanged letter that Lizard posted here months ago.
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date

Name of collection agency
address
city state zip

Re: Acct # 0000-0000-0000-0000

to Whom It May Concern:

This letter is being sent to you in response to your attached letter.

This is not a refusal to pay, but a notice that your claim is disputed.

This is a request for validation made pursuant to the Fair Debt collection Practices Act. Please complete the attached form and follow its instructions and your claim will be processed as soon as this information is received.

Please be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation"; that is, competent evidence that I have some contractual obligation to pay you.

You should also be aware that sending an unsubstantiated demand for payment though the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me.

Please also be aware that if any negative mark is found on my credit reports from your company or any company that you represent, this will result in my filing an immediate lawsuit against you and your client for 1) Violation of the Fair Credit Reporting Act, 2) Violation of the Fair Debt collection Practices Act, 3) Defamation of Character, 4) Negligent Enablement of Identity Fraud.

Pending the outcome of my investigation of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports.

I suggest you and (insert name of original creditor) get your records in order before I have to target you for legal action.

Best regards,

(your signature)

Cc: (insert name of any lawyer), Esquire











CREDITOR DISCLOSURE STATEMENT

Name & Address of Creditor: _______________________________________________

Name of Debtor: ____________________Acct #: _______________________________

Address of Debtor: ________________________________________________________

Amount of Debt purported to be owed: _________ Date it became payable: ___________

Was this debt assigned to the collection agency or purchased? ______________________

Amount paid if purchased: __________

Commission for the collection agency if successful with assigned debt: _________

Please attach a copy of the agreement with your client that grants you the authority to collect on this alleged debt.

Please attach a copy of any agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor.

Please attach copies of all statements while this account was open.

Have any insurance claims been made by any creditor regarding this account? yes / no

Have any judgments been obtained by any creditor regarding this account? yes / no

Have any negative trade lines been reported to any credit reporting agencies regarding this alleged debt? If so, please name the credit reporting agencies. _______________________________________________________________________

Please provide the name and address of the bonding agent for the collection company (insert name of collection agency), in case legal action becomes necessary. _______________________________________________________________________



____________________________________ ________________
Authorized signature for creditor date

Please return this completed form and attach all assignment or other transfer agreements which would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts. Please allow thirty days for processing after receipt of your reques

 

WOW!! Those are good...

 

Does anyone remember the one sentence definition of Catch 22? I'll save you the trouble:"'They' can do anything you can't (or won't) stop 'them' from doing."

It works both ways. 'They' can't stop you from asserting your rights. 'They' also are nowhere near as determined to keep you down as you are to pick yourself up. Just out nitpick, out aggravate, out last 'them', and you should win.

I've been dying to ask: What are you doing with my disposal? Can you clean up under there? Something smells.... >[;o) Oh, and watch the back of your head getting back up....

Tom

 

IMHO you may be jumping the gun a little if you file a suit now. I am certain their response will be that they only update reporting every 30 days, it can take the CRA longer to update your file etc.

I generally look at my file about 45 days after a validation letter is issued to see if they have changed the reporting. My understanding was they can continue to report while you are awaiting validation, but must report you are disputing the entry.

If you haven't received a response 30 days after they signed for the letter, send the follow up validation letter which is also posted here if you search under "Validation Letter". It differs, as it reminds them they have not responded, allows them 15 additional days, reminds them they have violated the FDCPA etc.

Generally they are going to try to stall you in most cases, but 15 days after the second letter is signed for they have had adequate time, in any reasonable person's eyes to comply with your request - if they don't then start the lawsuit process.

Watch to see if they continue to send you collection letters after the initial letter was signed for - THIS is a definite violation for which you have written evidence.