Can CA report to CRA w/o Verifing?

Discussion in 'Credit Talk' started by Trilivonel, Aug 26, 2003.

  1. Trilivonel

    Trilivonel Well-Known Member

    I received a recent copy of my CRs and noticed a debt on there that wasn't verified. The CA wrote me in April or May and I responded but I didn't send it certified w/RR (dumb me!). So, I guess they went ahead and placed the debt on my reports. I just received a letter from their attorneys asking for payment arrangements to be set up and specifically stated "Our client has further advised us that they have not had any contact with you regarding this debt....". I know this not to be true because I never discarded the initial letter from them. I also noticed that the amount that is being reported on my CRs is different from the amount the attorneys stated in their letter ($3506 on CRs vs. $5089 from attorneys). Are there any violations here? I typed up the standard DV letter but haven't sent it off because I just realized the discrepanies and would like to address somehow in the letter. Any help would be appreciated because I always get good advice from creditnetters!
  2. jlynn

    jlynn Well-Known Member

    Ah, don't do their job for have both letters with the two different amounts - make them validate (sounds like they are slapping on attorney's fees or something).
  3. Trilivonel

    Trilivonel Well-Known Member

    So what about the fact that the debt was reported to the CRAs without validation?
  4. Thee One

    Thee One Well-Known Member

    They don't have to validate before reporting. You request validation, and if they can't produce, they have to remove. It should work as you think, but it doesn't. Do a little reading around here, starting with the Hall of Fame posts at the top of each page and you'll understand the process a little better.
  5. jlynn

    jlynn Well-Known Member

    If they received a dispute/validation from you before they report to a CRA, they CANNOT do so until they have validated.

    If they have already reported when you request validation, then they must mark the tradeline "in dispute".

    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
  6. lbrown59

    lbrown59 Well-Known Member

  7. lbrown59

    lbrown59 Well-Known Member

    I just realized the discrepancies and would like to address somehow in the letter.

    You don't wanna do that because you would be admitting the debt is yours.
    If the debt's not yours why would it matter if it's $3506 or$5089

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