I had an account deleted from two credit reports about a year ago. Now I am being contacted by a rather nasty collections group. Do they have a legal leg to stand on since the original debt was not validated during my last dispute?
if it is still within the SOL in your state, they do have a leg to stand on. That is assuming they can prove you owe the debt. send them a validation request. During this period, they cannot updated your credit report unless they are placing the item on there in a disputed state. They also cannot attempt to collect the debt in any fashion (other than getting a judgement/sueing you) If it is within the SOL, be prepared to pay the debt as they may attempt to get a judgement. Of course, your circumstances may justify another path, so post more info dates, state, whether it is the OC or CA contacting you (because with an OC it will be different) But, they can place the item back on your report, but since it was disputed off the CRA has to send you notification of its' reinsertion within 5 days. Assuming it is a legit debt you owe.
I think you may be confused on your terms. If you disputed it with the cra and the ca failed to verify, it was deleted. Did you send a separate validation letter to the collection agency? If not, thenper the FCRA, the ca should have "certified" its' accuracy with the cra in order to have it reinserted. And if they were deleted due to your dispute with the cra, then the cra per law, must send you notice within 5 days of the reinsertion, that it is being reported again. IF the cra failed to do this, you have legal grounds to have them removed again. As for the ca. if you indeed sent a validation demand to the ca and they failed to validate the debt, then by re-reporting it, they are in violation of the FDCPA. If you didn't send a validation letter, then they can legally attempt to collect. If this is a different ca than the one that was reporting before, and you did not send validation - they are ok. If you did then they may be liable as well as the previous ca for attempting to collect a debt that they have not legally validated, despite your request. So, the bottom line is, we need more info to advixe you properly.
The original creditor failed to verify the account in November of last year with two credit bureaus, so it was deleted. I had not heard a thing about this account until August, when I had a nasty phone call with a demand for the money. The collection agency just started the demands then. Now they are showing up on my TU report. TU deleted the original account 11/01. Does this help?
Check your old reports and you will probably find that the ca changed the acct # in order to get it relisted. If they did, you need to send a strong letter to the cra that they previously deleted this and allowed it back on. Then ask for copies of the certification that the ca provided to the cra in order to have it relisted. You can also demand that TU delete it immediately due to the fact that they failed to notify you within 5 days of that acct being reinserted.
