I am dealing with First Credit Solutions, a collection agency out of Tulsa, OK collecting for Discover. The Discover account was charged off in 1996 and it does not show up on my credit reports since I sucessfully disputed it off. The account they are collecting is past the Statute of Limitations so I don't need to worry about any counterclaims or law suits from First Credit Solutions. I sent them the first validation letter on February 12, 2002, and I have sent them many many more validation demands since that date. They only responded to tell me that "they have requested verification from Discover and this could take as long as 90 days" They have also sent me a one line computer printout showing my name and the account number (they produced this, this did not come from Discover) and they gave me copies of the bill of sale of the account. They have produced no statements or signature on an application at all. I have complained to the BBB, the FTC, and the attorney general and none of them did a thing. I recently sent the Credit Bureaus copies of all my documentation and receipts and asked them to delete the account because First Credit had failed to validate. They all came back as "verified, no change" Experian even told me "we are sorry we can't use the information you provided". So, the credit bureaus have verified the account and First Credit Solutions continues to leave me in limbo by saying they are awaiting validation from the creditor. The account shows up as "consumer disputes this account" on my credit reports. Do I have a case against First Credit Solutions for failing to validate, and/or the CRA's for reporting unvalidated information and failure to consider my evidence in this matter? It seems the only way I will get any action from these people is to sue them. Any thoughts?
I'm a little confused. At the beginning you say it is not reporting on any reports because you disputed it off, then later you say it keeps getting verified by the cras. It can't be both. As far as do you have a case. I don't think so at this point. The FDCPA says if disputed they must notate it on your reports, they did this. It doesn't appear that they have attempted any further collection activity. If they have it would be a violation. But so far, it looks like they are doing it by the book. At this point, if it was me, I would probably send one more letter demanding they delete it from the cra's due to the fact that they have had more than ample time to validate it and they obviously cannot. There is a letter in the letter section to send to the cra's in this situation. I wrote it and tried it in this exact situation, and it worked for me. No guarantees though. Send all your documentation again, with this letter to the cra's. Also mention to them that the FDCPA states they must consider proof sent by the consumer. The letter is called validation 05 (I think)
LKH, I meant that the original Discover account was no longer showing on any of my credit reports. The First Credit Solutions collection account is showing up on all three credit bureau reports. Thanks for the information.
