Does OC have to Validate? Why Not Okay if the OC aren't bound by the FDCPA to validate, then are they Bound by the FCRA? Or do they have to at all? I have a Moms and Pops type of old debt that just reappeared, and i disputed it with EQ by letting them know they re-inserted without notice, so they turn around and submitted a dispute with the moms and pops finance company. They have the balance all wrong and status. I'm going to send Validation but wondering what good if they don't have to Validate? am i missing something with the OC? It's not with a CA and never has been..
Re: Does OC have to Validate? Why Not I think they do have to verify, not validate -- maybe semantics but "validation" is specific to the FDCPA and more specifically they've a duty to investigate, which would entail verification under the FCRA, when notified by a consumer. FCRA provides procedures and duties upon notice of dispute to furnishers of information -- notification by consumer; notification by CRA. It came up in this thread a few days ago: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&pgnum=1&postid=190911#post190911 And the court case that was recently posted that would tend to support OC verification to consumers is Dornhecker v. Ameritech Corp., N.D. Ill., No. 00 C 26, 6/7/00 http://www.ilnd.uscourts.gov/JUDGE/PALLMEYER/RRP_OPIN/00c26.PDF I'd love to read some brain aerobics from the board on this. Sassy
Re: Does OC have to Validate? Why Not So, Sassy, in this situation, would an OC have to mark the account as "in dispute" the way a CA does when they are sent a validation letter? I ask, because I would really like to have FIVE violations against MBNA when I file this suit! As it stands now, I have only three. Poor me....
Re: Does OC have to Validate? Why Not Thats what i'm talking about... So out of being ugly, the OC can just say it's verified to the CRA and it's done... Ok if i was so send a hard validation letter to them and they don't respond or send me validation, mark my acct withing 5days as consumer disputes; They get off free?????
Re: Does OC have to Validate? Why Not Nodding Lisa WAVING too, That's what it says: http://www.ftc.gov/os/statutes/fcra.htm#623 § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (a) Duty of furnishers of information to provide accurate information (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. Sassy
Re: Does OC have to Validate? Why Not Wonderful, Sassy! That is my full house right there! Showing my hand........ Violation #1 - no permissible purpose for hard inquiry Violation #2 - reporting incorrectly on acct #1 Violation #3 - reporting incorrectly on acct #2 Violation #4 - not noting acct #1 in dispute Violation #5 - not noting acct #2 in dispute
Re: Does OC have to Validate? Why Not ...Gee...I wonder why Cap1 isn't in court everyday for not reporting Credit Limits...I've disputed with the CRAs regarding the CL inaccuracy, and it continuously gets verified as $0 or N/A.
