I have a dumb question. I thought I knew the answer but the more I think about it, the more I am doubting myself. I have a CA listing on my credit report. NEVER got any notice from them. I sent them a validation letter and the same day I also sent a dispute letter to Equifax(only one it's on) about the tradeline. Now can the CA verify the tradeline with Equifax if they don't validate with me? How can the CA tell the CRA that the account is mine if they can't prove it to me as required by law? Would that be a violation if they verified but didn't validate? The CA has already signed for my letter but Equifax hasn't gotten my dispute yet. So the CA has been notified that I am disputing the account and requesting validation before Equifax can even contact them about the dispute. Thanks! PS. I know they have to mark it in dispute but can I do anything if they don't mark it disputed and still verify with the CRA?
They usually do and this is how you trap them violating the FDCPA for continued collection activity They rely on the fact that most people are uneducated about their rights YES! This is the situation you want...as soon as the CA responnds to the CRA's request you've got them on a FDCPA violation. I hope you sent everything by Certified Mail, and have the receipts! send them intent to sue letter!
I sent everything Certified mail with return receipt. I am just going to wait until I get my dispute results from Exquifax to see if they verify it. If they do and don't validate with me, I am sending an ITS letter. Thanks!
I forgot to ask if I can also hit them for the not marking it as disputed violation if they verify it with CRA and not me. So I could actually get them for 2 violations?
Re: Re: Can a CA verfiy but not validate? You would sue the CA for violating the FDCPA - continued collection efforts without validation -$1000 violation. It is not up to the CA to mark your account in dispute, that is up the the CRA. You need to dispute with them
FCRA section 623 and FDCPA section 809(8) states that they must report your account as in dispute. 1k each statute violation. Sorry PD.
Re: Can a CA verfiy but not validat Remember... There are not one, but TWO 'dispute' notations... Each with their own processes... 1) Data Furnisher Notice of Dispute With a CA, this is required as soon as they've received anything from the consumer disputing the debt, or requesting validation for the debt. 2) CONSUMER Notice of Dispute. *AFTER* a DATA FURNISHER has verified the disputed information, if the dispute is not resolved to the consumer's satisfaction, *AND* the consumer provides the infamous 100 word dispute of the alleged account *THEN* the CRA must provide the 100 word dispute of the alleged account whenever the disputed information is provided.
