What constitutes collection activity on the part of the CA after validation is requested? I've seen reference to 809 of the FDCPA but it's not specific. >>>> (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. I guess this is my exact question. The CA has legal right to assume that the debt is valid because the initial 30 days to dispute has passed. This also give them the right to pull hard inquiries. However, I still have the right to request validation, as I did. Is pulling a hard inquiry after they signed and sent back the green card considered further collection activity? What would be their reasoning to pull a hard anyway?
Actually the CA already assumes the debt is valid or they wouldn't be putting it on your report in the first place. You have to make them validate it. When they can't, they have to remove it. It really depends on what the CA has already done. If they haven't placed it on your report, then I'm guessing they are checking to see if they did. They might be pulling the report to update it, who knows. Someone's probably going to say something different, but I think if you disputed the debt and requested validation, they are entitled to 1 inquiry. Now let's take a different angle. The CA should know if they reported the account or not. They should also know how they are reporting it. There should be no need for a hard inquiry. You should argue that it's continued collection activity after validation request. It can't hurt anything and might be good leverage. I'm no expert, and your mileage may vary. But it can't hurt to send them another letter stating that they are now in violation and must pay or delete. (In this case, I'd say they couldn't verify it and commited a violation of continued collection activity, therefore making the debt void). It can't hurt and might just help.
1*I guess this is my exact question. The CA has a legal right to assume that the debt is valid if the initial 30 days to dispute has passed. 2*. Is pulling a hard inquiry after they signed and sent back the green card considered further collection activity? 3* What would be their reasoning to pull a hard anyway? cre8ivegrl ================ 1*Correct: However this is only in effect from day 31 until such time as the CA receives a validation demand. Upon receiving a Validation Letter the CA No longer has this right to assume. 2*Yes 3*Making an effort to collect.
Now let me spin one more light on this.... This account is showing up twice on my report. One is a duplicate. In my validation letter I mentioned this and asked for validation on both accounts that they are showing that I owe them. If they were not aware that they were showing twice, would pulling a hard to find out be justified? It seems to me that since they have to notify EQF that the account is in dispute for validation reasons that they could also have made sure that there was only one account at that time WITHOUT pulling a hard.
1*It seems to me that since they have to notify EQF that the account is in dispute for validation reasons that they could also have made sure that there was only one account at that time WITHOUT pulling a hard. cre8ivegrl ================== 1*The way I see it too. THE END ** *** ** LB 59 ""__""""```~~~```'""-----"""
Okay, I pulled my Equifax. The hard was pulled on 5/12.. or the same day they signed the green card. Unfortunately, I think that they will say that they had to pull the hard to find out if they were in fact showing twice. However, I think I have them on two other violations... Verifiying and keeping a duplicate on my CR, re-aging the account (I will know for sure when I get validation). If a judge was to see this last pull as continued collection activity that would be three. As I said before, they should have just been able to tell Equifax that it was just one debt. But will a judge see it that way?? Now, my dispute with Equifax for both the account and the duplicate will be concluded mid-June and whether or not the duplicate is verified will determine another violation. Plus I am waiting to see if I get validation by June 12th. The high amount is $2660 so I figure 3 good solid violations should be good, but will let them rack up more. I think they will. Anyone have experience with RMA? Anyone have suggestions or comments? I want to do this right and be rid of this debt once and for all.
Ahh don't be scared of RMA...there isn't a smart one in the bunch. For the moment, let the disputes/validations play out.
Re: Re: Confused... http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=343127#post343127 http://www.ripoffreport.com http://www.ripoffreport.com/reports/ripoff31517.htm ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
