A charge-offede debt was transferred to a CA, but is still being reported by the origianl creditor. The CRA's keep verifying. I have sent validation and estoeppel letters to CA who did not respond (4 months). So, I sent copies of all the CRRR's and letters to CRA's. Trans Union deleted, Experian and Equifax both verified the debt and are still reporting it. What did I do wrong? Since the original creditor still owns the debt, it that why the CRA can get by with verifying and not accepting proof that the debt was not validated?? Can anyone explain?
To the best of my knowledge, it is not incorrect for an original creditor to list an account as charged off (because it was) AND for a CA to list the account as theirs (because it is). Unless there is some part of the listing that is inaccurate, the CRA will verify that the account was charged off. Sometimes the original creditor will ignore a request to verify (maybe if the account is old), then it gets deleted.
Did you send the demand letter? The CRAs are under no legal obligation to accept ONLY your proof that the CA didnâ??t validate. Now that doesnâ??t mean it is right, but the CRA in their normal verification procedures do not have the bar as high as you ;-). Their verification procedures can consist of phoning the CA and asking if the account is yours. They think that they don't need a paper trail. As you probably know, the CA you are sending validation and estoppel letters to has violated the FDCPA by verifying the entries in your reports, thereby continuing collection efforts without validating the debt. Send the demand letter immediately. There are many boiler plate letters here that many people can help you with. Time to play hardball!!
I sent the Debt Validation Letter #5 (adjusted to fit my circumstances) at the time I sent the paper trail. They still just "verified" the debt. What next?
Ask for procedure from the CRA. You need to lean on the source of the problem...the CA. You have some real clear cut violations by them. I had one CA that will remain nameless, which bought a debt from a large bankcard issuer, fold up like a cheap tent and remove the entries on my reports when I sent the demand letter with the violations listed that they had committed. Sometimes they won't cave, (like KHM's Collectech) and you have to go through the motions and file the lawsuit. Somehow a process server dropping off a fat packet of papers makes their stubborn arrogance melt right away.
Thanks, I will send a letter tomorrow asking for the procedures used to "validate" not verify. I will also list the violations incurred so far. This board and its members are a great resource!!
