Hello all. I spent a very frustrating 40 min. on the phone with an Equifax CSR and then supervisor. Neither had knowledge of the laws (big surprise) of DV. I have one collection acct. reporting through one CRA-Equifax. That is all for me. Of course, my husband's reports will be another story. I have been in the DV process since April of this year with this creditor. No FULL validation yet. Creditor obviously did not make CRA aware of DV status as they verified the acct. just two days after I submitted a dispute through Equifax making them aware that this acct. is in DV status. I realize that this is a violation of the law and another violation against the creditor should I go to court. I am just very frustrated that a CRA has no knowledge of DV when it is there written in the law clear as can be, that they can go ahead and proceed that an account is verified while in DV and refuse to remove it until the creditor sends in request for it to be reoved. Am I hopeless...WHAT WOULD YOU DO FROM HERE??????????????? Thanks a million. I know there are many letters formats out there to CRA's in an situation like this....but what direction do I take???? I did get names and times and made notes on what the CSR/Sup. said during the call.
Perhaps the thing to do is send intent to sue (including violations) to CA in hopes that they will fold? I'm still reading, still searching the FCRA and other laws. I was reading posts about many suing Equifax right now. Guess I'm not hopeless. But, I am confused. Should Equifax not know DV LAWS??? RIDICULOUS!
If you dispute the debt and request validation from the creditor/data furnisher (within 30 days of their initial contact letter), then dispute thru the CRA, and they verify incorrect info to the CRA without sending you validation, and don't notify the CRA the account is disputed, then you have at least 3 violations: 1) FDCPA violation (if they are a debt collector, not the original creditor) for continued collection without validation. 2) FCRA violation for failing to report the debt as disputed to the CRA. 3) FCRA violation if they are reporting inaccurate information. Either way, your claim is against the CA or OC trying to collect, unless the CA or OC DID notify the CRA to correct the posting and they failed to do so.
You are confused. Equifax is not a debt collector and does not have to know anything about the FDCPA whatsoever. I would suggest you back up and hold off threatening anyone with an ITS until you have a grasp of the pertinent laws.
Gosh I owe you a lot of thank you's Ontrack. You have no idea how grateful I am. I def. did DV the CA and they def. did not report the account as in dispute to the CRA's and they def. DID verify the debt in the midst of the validation process. I DV'd them CMRR, SO, I will copy down the list of violations. gib...perhaps I am a bit confused, but the ITS or the threat thereof I'm pretty sure just got me the deletion of the CA account that I needed. Perhaps Equifax doesn't have to know the FDCPA laws, but I did DV a CA and they did verify/report to the CRA during the midst of validation. I do know that is a violation and gives me reason to sue the CA. I threatened to sue Equifax because they did not remove the acct. after knowledge that the acct was in DV and the CA did not report dispute status...they even verified it as correct!!! Equifax has an obligation to verify that an acct. is in fact in DV status. I know I have a lot to learn, and learning more every single day. I want to know the pertinent laws like the back of my hand. Rome wasn't built in a day......I was just ticked...I didn't say it was the greatest idea ever!
Reatha, I wasn't trying to be mean. An ITS can work wonders, but if you send one, you'd better be ready to file. Equifax has no obligation to remove a tradeline because you tell them you have requested validation from the data furnisher. Another question I'd have for you is, was this a timely validation request, sent within 30 days of the initial dunning letter?
The party to sue would be the CA who is attempting to collect the debt, and who is reporting the debt to Equifax. After you sent the DV to the CA, and they received it; did you send a DISPUTE of the company's reporting to Equifax? For the reporting in error violations to be pursued under the FCRA, they must be disputed via the CRA. They still are on the hook for the corresponding FDCPA 807(8) violation for reporting false credit information, but wouldn't you rather have all of the violations possible? ;-p
I actually did report to Equifax that they were reporting during validation. But, I just got my report and it came back verified....like I'm surprised. Disgusted, but not surprised.
