I sent a dv to MCM about 8 weeks ago, they sent me a notice that they received the dv, I also have the green card. They ceased collection activity and didn't validate at all, even partial. A couple of weeks ago the collection was off of my EXP and TU reports thru disputing as "not mine". I did not dipute thru EQ until last week, so the "investigation" will not be done until 8/11/03. However, MCM sent me a new collection notice last week with a new agent assigned to the collection. (Yes, it was a real collection, not the mini-miranda. "Please contact us so we can work out a payment arrangement....") I was going to wait to send estoppel until I see if it falls of EQ but now I'm not sure if I should wait since they are starting the collection process again. Any thoughts?
You've already requested the validation, and they didn't respond (Violation #1). Hopefully the EQ will show that it isn't in dispute (Violation #2). Demand another validation with estoppel and dispute again. After this, an ITS will be the way to go. Force them to not report this item again if they failed to validate. It doesn't matter if there is a new rep on the case ;-)
FYI, failure to respond with validation is NOT a violation. Continued collection attemtps w/o validating, however, IS a violation. None of TLs with MCM were listed "customer disputes" until I personally disputed with the CRAs. I know that's a violation but I don't think there's much proof. Anyway, thanks for the reply but the question I really want answered is "Do I send the estoppel now, or wait and see what happens on my EQ report?" Reason being, if it's going to be deleted I might as well save myself the trouble of sending the estoppel in. However, that also allows MCM to continue trying to scrounge up any documents (if there are any) and possibly reinsert this collection on my reports, doesn't it?
I agree, that there is no requirement that the CRA validate, but their failure to do so adds to the preponderence of evidence that you have should you need to take this to court. The violation comes from them not reporting that you have disputed this item with the CA and they don't reflect this to the CRA. Since the point of the estoppel is to force the CA to stop collection activities, which includes reporting to CRA's that there is a debt owed, I would think that you would be safe in sending this to them. Since the estoppel that I have used basically states that: "Mr. CA, you haven't provided validation, but you have continued to report this to the CRA's, I'm assuming that you have no proof that this is mine, so stop reporting it now and in the future" So, why wait? If you are worried that they are working to scrounge up more documents then take the first step, again requesting the validation through the estoppel, and make them prove it or remove it. Make sure that you are documenting all of your actions, because the worst case scenario is that this stays on your EQ report, and your next step isn't in place.
Butch, thanks for the welcome, and I can assure you that my eyes hurt everyday from all the reading that I'm doing here!!! Of course, I am buoyed by the successes that many of you have had and Iâ??m working hard to try to put myself in that same stature;-) I try to add where I can, based upon my growing understanding of my rights. Iâ??m nowhere near the 4000 posts that you have (YIKES!!!) but I do understand that even the longest journey happens with just one step at a time. My credit blemishes didnâ??t happen overnight, and they wonâ??t disappear overnight either, so patiently I plod right along!!!
Well you have the right attitude Tiger. And I like your screen name. I had 37 posts once too. Takes a ton of studying and asking a lot of questions, but you'll get there. Try not to be in a big hurry, although I know that's hard. I probably studied for almost 2 months before I did anything at all.
