HELP-Bogus OC response to verificat

Discussion in 'Credit Talk' started by chelechele, May 25, 2004.

  1. chelechele

    chelechele Well-Known Member

    Re: Re: Re: HELP-Bogus OC response to verif

    Ok. For the OC's that came back and said that they couldn't locate an account, am I right by thinking that I won't send them an estoppel. I will just send letters to the CRA stating that if they couldn't locate an account for me, then how did they verify? right. Something to the effect that either they lied or the OC did.... Right?
     
  2. jam237

    jam237 Well-Known Member

    Re: Re: Re: HELP-Bogus OC response to verif

    Right...

    Estoppel doesn't apply to OC's (even for those who choose to utilize them in the first place).

    OC's don't have an obligation to VALIDATE under the FDCPA, only to VERIFY under the FCRA. So in most cases (unless your state requires differently) an OC doesn't have to respond to your dispute at all, other than investigating their reporting for the next time they update the CRAs.

    Estoppel requires that there is an obligation to respond, technically even a CA has other options than to respond, they just can not continue collection activity until they choose to respond. They can cease collection activities permanately, and not be in violation of the FDCPA.
     
  3. chelechele

    chelechele Well-Known Member

    Re: Re: Re: HELP-Bogus OC response to verif

    thanks Jam
     

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