What should I do? A CA is listing a debt on my report. The debt is completely bogus and the CA knows that because, at the time they first began listing the item, before ever communicating with them, they notated it as "DISPUTED BY CONSUMER." I have sent them two letters for validation and have received none. Now, the absolutely crucial step is disputing the account through Equifax to lock them into the 30 day validation period. However, Equifax won't investigate it (despite it never being investigated). I dispute it on-line and it says we can't start a new investigation for you at this time but you can email it to us so I hit the button and submit my investigation that way. They ignore it. I send an investigation request via signature confirmation priority mail....they ignore it. I call them on the phone...my account must be flagged because they transfer me to THREE different people and then say...oh...someone needs to call you back and nobody ever calls. Although I do plan on suing Equifax, before doing so, I want the CA account disputed so I can go after them too because I know, once I sue Equifax, they will lock up my report. What should I do???
Well, if you want to ensure that you get a response... -- I would send a basic dispute to them via the BBB. I have never heard of CA [or if they've contacted ever contacted you, alter that as neccessary]; I contacted them at the address provided by Equifax, on XX/XX/XXXX, and XX/XX/XXXX, demanding in accordance with the Fair Debts Collection Practices Act validation of the alleged debt. (Copies enclosed.) As of XX/XX/XXXX, I have not received a response from CA. I have attempted to dispute said account through Equifax in accordance with the Fair Credit Reporting Act via the following methods XX on XX/XX/XXXX, XX on XX/XX/XXXX, XX on XX/XX/XXXX, XX on XX/XX/XXXX, and XX on XX/XX/XXXX, and have not received a response from them. -- The dates are optional, but a copy of the dispute letter, and the signature confirmation receipt would be a must to include. You will more than likely receive a form to fill out that Equifax provided the BBB with to get the basic information. (Name & Address, DOB, SSN, DL.) You may or may not get this if you mail your dispute initially. Here is the caveat, since Equifax is a BBB member, they MUST RESPOND to the BBB complaint, and do so within a reasonable amount of time.
just a comment on the BBB. -Anyone ever wonder WHO funds the BBB? -ITS THE VERY BUSINESSES YOU ARE TRYING TO "COMPLAIN" ABOUT -Just something to think about. -Additionally, the collection agency DOES NOT HAVE TO PROVIDE VERIFICATION OR EVEN REPLY TO YOUR VALIDATION REQUEST IF IT IS PAST THE EFFECTIVE VALIDATION PERIOD (30 days from the INITIAL contact by the collection agency)
True. However, under the FCRA, they must fully investigate any dispute made through the CRA. In order to do so, they must obtain and compare what they are reporting with original account records. So, while the FDCPA specifically states that you have to contact them within 30 days, that does not mean that, if you don't specifically request validation, they don't have to obtain it AS LONG AS you dispute it through the CRA. Then, if they verify, you can write them and demand the proof allowing them to verify. Maybe they don't HAVE to give it to you but why wouldn't they. If they have it, they most definately would let you know they have it so then you won't be able to dispute it anymore. If they ignore you, you know that the chances are excellent that they don't have any and you can sue for failing to conduct a complete investigation under the FCRA.
-BINGO!!! I am happy to see the "process" of the "what if the validaiton period is up" scenerio I know I am repeating myself, but sometimes we put too much faith in the validation process when there are other, more powerful "rights" we have available to us
