i was paying on a CA account which was being reported to CRAs i disputed with CRAs deleted from all 3. i then sent a validation letter to CA which they recieved on 09/03/02. i check my EQ everyday and now it is back on there again reporting open charge off and it doesn't mention consumer disputes or anything like that. i am just trying to make sure i understand FDCPA correctly they are not supposed to report to CRAs untill they validate right. arent the CRA supposed to notify you if a previously deleted item is re-entered? please give advice if these are violations what should i do. should i stop paying CA untill they validate it's already back on my CR and drug it down 28 points from yesterday when it wasn't on there what is the best way to offer payment for deletion (by mail )?
i should also add i tried to deal with OC initially and they have sold the debt so they wouldn't play ball. i was also past the first 30 days when i ask for validation
I'm curious as to why after it was deleted, you would stir up the pot by sending a validation? I probably would have let it be. When you sent the validation, you woke them up and alerted them. The cra's should have notified you within 5 days of the reinsertion. If it has been more than 5 days, then send a letter to the cra's demanding they remove it. The ca is in violation for reporting prior to validating, IF, you can prove they reported it after they received your validation. Because it showed up after they received it doesn't mean that they didn't report it prior to receiving it, although unlikely. At 30 days, send the ca a demand they remove or be sued letter.
i copy and pasted the asnwer i got from robin here 3 Why are you paying a CA if the account shows a $0 balance with Sears? You can go one of two ways on this. You can request validation from the CA on this account even though you have already started payment. That does two things. It blocks the CA from putting this account on your credit report until they validate. It also lets you know if they own this account or are just collecting on behalf of sears. If they own the account they may or may not be able to affect the tradeline. If they do not own the account and Sears does then you can negotiate with Sears for a deletion. Be forewarned this may piss them off, but they won't be able to touch you until they complete the validation. The other way you can go with this is to request a UDF for this account before you make the last two payments. Negotiate that they will send the UDF to the CRA's upon receipt of your final payment. You may want to try this option first. have i lost my right to have validation since i didnt ask for it in the first 30 days?
You haven't lost the right, but why would you need validation if the CA has been deleted from your CR? I know this is going to happen to me too. I sent a validation letter, the CA deleted from one CR, but changed the other to paid, instead of unpaid. Someone on here told me to send estoppel to have them delete the paid TL, but I'm afraid I made a mistake. We'll see in 21 days, but I think I woke a sleeping giant too! I feel for you. BUT, if they had deleted from all 3, I would've left it alone, and prayed they stayed away!
If you knew that this wasn't your account to begin with, why did you start making payments????????? Just wondering. Sirrowan
lkh, would this be a fcra or fdcpa violation..and if so, do you know what section I could find it in the fcra/fdcpa?
i didnt know it wasnt mine to begin with. i closed the account in 94 on my CR it shows new charges up to 2000. which obviously cant still be mine but of course i have no proof from 8 years ago and 2 tours in the navy
It is actually a violation of both. Rule 623 of the FCRA: 3) Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. Then the FDCPA states as follows (note this may not apply dependant upon the 30 days) Rule 609 FDCPA b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. FTC opinion letter: http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm Dear Mr. Cass: Mr. Medine has asked me to reply to your letter of October 28, 1997, concerning the circumstances under which a debt collector may report a "charged-off debt" to a consumer reporting agency under the enclosed Fair Debt Collection Practices Act. In that letter, you pose four questions, which I set out below with our answers. I. "Is it permissible under the FDCPA for a debt collector to report charged-off debts to a consumer reporting agency during the term of the 30-day validation period detailed in Section 1692g?" Yes. As stated in the Commission's Staff Commentary on the FDCPA (copy enclosed), a debt collector may accurately report a debt to a consumer reporting agency within the thirty day validation period (p. 50103). We do not regard the action of reporting a debt to a consumer reporting agency as inconsistent with the consumer's dispute or verification rights under § 1692g. II. "Is it permissible under the FDCPA for a debt collector to report, or continue to report, a consumer's charged-off debt to a consumer reporting agency after the debt collector has received, but not responded to, a consumer's written dispute during the 30-day validation period detailed in § 1692g?" As you know, Section 1692g(b) requires the debt collector to cease collection of the debt at issue if a written dispute is received within the 30-day validation period until verification is obtained. Because we believe that reporting a charged-off debt to a consumer reporting agency, particularly at this stage of the collection process, constitutes "collection activity" on the part of the collector, our answer to your question is No. Although the FDCPA is unclear on this point, we believe the reality is that debt collectors use the reporting mechanism as a tool to persuade consumers to pay, just like dunning letters and telephone calls. Of course, if a dispute is received after a debt has been reported to a consumer reporting agency, the debt collector is obligated by Section 1692e(8) to inform the consumer reporting agency of the dispute. III. "Is it permissible under the FDCPA to cease collection of a debt rather than respond to a written dispute from a consumer received during the 30-day validation period?" Yes. There is nothing in the FDCPA that requires a debt collector to continue collecting a debt after a written dispute is received. Further, there is nothing in the FDCPA that requires a response to a written dispute if the debt collector chooses to abandon its collection effort with respect to the debt at issue. See Smith v. Transworld Systems, Inc., 953 F.2d 1025, 1032 (6th Cir. 1992). IV. "Would the following action by a debt collector constitute continued collection activity under § 1692g(b): reporting a charged-off consumer debt to a consumer reporting agency as disputed in accordance with § 1692e(8), when the debt collector became aware of the dispute when the consumer sent a written dispute to the debt collector during the 30-day validation period, and no verification of the debt has been provided by the debt collector?" Yes. As stated in our answer to Question II, we view reporting to a consumer reporting agency as a collection activity prohibited by § 1692g(b) after a written dispute is received and no verification has been provided. Again, however, a debt collector must report a dispute received after a debt has been reported under § 1692e(8). I hope this is responsive to your request. Sincerely, John F. LeFevre Attorney That's the best I can do for you. Hope it helps.
thanks for the info lkh,,exactly what I was looking for! but what about receiving a computer printout as "validation", would that not be considered "verification" per the sect 609 of the fdcpa that you quoted? "b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector" the creditor provided the printout w/in the 30days and submitted the account to the credit bureaus after that, they also did submit it as "in dispute" BUT immediately upon receipt of the printout, a request for FULL validation was requested. this was STILL w/in the 30 day time frame. does this sound like a violation? tia
Oh don't forget those DOUBLE WHAMMY violations. The ones that actually violate 2 or more items of law. If you've noticed, every time the FTC sues someone they also assert violations of the FTC act AND the UDAP, (Unfair, Deceptive Acts & Practices Act). "i copy and pasted the asnwer i got from robin here " Robin Who? Willracin, I think we're having a hard time here. You said you CLOSED this acct in 94. You can't close an acct that's not yours. Am I to assume it WAS yours until you closed it, even tho there are subsequent charges? If that's the case I think you have a fraud issue here. Please Advise,
i am not sure robin who its the name she uses like you use butch i am not being smarta** i just dont know her
Then you must mean Robin from here on CN. Ok well ... If you are able to "close" an acct you must have been the one who opened it. In that case the acct WAS yours. So you must mean it's NOT yours as of 94 because you closed it? That is a fraud issue Will.
butch, i am not the smartest person around so i seek the advice of the experts here. but to make a long story as short as possible yes i mean not mine since 94 i opened the account in 1989 then when i was being deployed overseas in the navy in 94 i closed the account and went to the store and told them i wanted to pay the balance. which i did (atleast i thought) last year i get a letter from CA saying i owe from the original account. i thought maybe i had missed something from when i closed it and now that i am out of the Navy and easy to find they were trying to get me to square it up. i called OC but they said account was sold to CA who i got the letter from. I ask them (CA) by phone (before i knew about this board) what the situation was regarding this balance. answer situation is you owe 1200 plus. so i agreed to a payment arragment and i ask for a copy of the terms which i never got now i only have a couple payments left so i dont want to finish paying it offf while i have the leverage of payments but i have seen many post on here about this particular CA and they seem to be quite willing to sue (i dont want that either) because i dont have any proof of closing that account 8 years ago
unfortunatley i dont have any proof of closing the account from 94. i went to the store with my most recent statement and said i want to pay off this balance and close my account. i paid in cash (bad move i now know) a little over $700 i dont remember exactly how much but it was almost my whole paycheck.the clerk then told me i could use one of the res courtesy phones to close my account. (u know the ones you cancall to get c CL increase on) so thats what i did . i have disputed derog from OC with CRA came back verified. i contacted the OC by mail requesting they investigate possible fraud or misplaced payment and requesting all billing statements since 1989. i got a call from them today saying they have only been able to locate records fom 7 years back so i told them keep digging because i closed this account 8 years ago. since i only have a couple payments left i would offer to pay it now just to get CA off report do you think i should do this since i have no proof i closed the account?
But of course I have no proof from 8 years ago willracin ``````````````````````````````` YOU DOESN'T hasta prove anything from 8 years ago. LB 59 this particular CA and they seem to be quite willing to sue (I don't want that either) because I don't have any proof of closing that account 8 years ago willracin ********************** You don't have to prove any thing from that far back. LB 59
