I have searched the board hi and low but can not find this answer. A CA has a few medical collections showing as dispute on my credit report since FEb 03 how long can they do this before showing proof? What can I do to get the CRA's to remove these items.
A CA could show the account is in dispute for the remainder of the reporting deadline. There is no limit to how long they can show that the account is in dispute. However, if you request the CRA to verify the account before they have provided the documentation, then they can not respond, because responding would be collection activity before validation.
How long can CA show Dispute queen-iam =================== As long as you let them. THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
then they can not respond, because responding would be collection activity before validation. jam237 ============== But they can and do respond.and the listing remains in dispute. Now what ya gonna do?
Re: Re: How long can CA show Dispute The answer is........ you have them on a violation ........and the next step is.......
Re: Re: How long can CA show Dispute Good question what am I going to do? I was hoping someone can help me out with the next step since they have verified every month since listing in dispute.
Re: Re: Re: How long can CA show Dispute http://www.countrywhispers.com/ they have verified every month since listing in dispute. So how many violations does this make.
Re: Re: Re: How long can CA show Dispute Ok that gives them 3 violations, and me still withouth the knowledge of what to do next." Sue" yes I know, but I have not found any laws to back me up on this, if you can point me in the right direction it would be greatly appreciated. I know there are laws that says a CA can report the account as being in dispute, but can find where it says how long they can continue to report that way. Help
Re: Re: Re: How long can CA show Dispute Ok that gives them 3 violations, and me still withouth the knowledge of what to do next." Sue" yes I know, but I have not found any laws to back me up on this, if you can point me in the right direction it would be greatly appreciated. I know there are laws that says a CA can report the account as being in dispute, but can find where it says how long they can continue to report that way. Help
Re: Re: Re: How long can CA show Dispute Queen, I sympathize with you..... When I first started and wanted answers, I would be given so much and then left dangling on a string. However, I learned the key...use the SEARCH feature. There is a wide variety of information on this site. Many of the veterans (and I am still a "newbie") answer the same question over and over and that can become tiresome. As the PRIMER suggests, you should read the FCRA, FDCPA, Truth in Lending Act and the CreditNet boards (using SEARCH) to locate answers to credit issues and solutions. Let me not forget the case laws quoted here and the FAQ. I will admit, using the SEARCH will give you tons of information (some may be beneficial, but some may not), but you will have to READ MOST OF IT, to arrive at a best tactic for your situation.
Re: Re: Re: How long can CA show Dispute Queen, Here is an FTC opinion letter that is related to your question: Robert G. Cass Compliance Counsel Commercial Financial Services, Inc. 2448 E. 81st Street, Suite 5500 Tulsa, OK 74137-4248 Dear Mr. Cass: Mr. Medine has asked me to reply to your letter of October 28, 1997, concerning the circumstances under which a debt collector may report a "charged-off debt" to a consumer reporting agency under the enclosed Fair Debt Collection Practices Act. In that letter, you pose four questions, which I set out below with our answers. I. "Is it permissible under the FDCPA for a debt collector to report charged-off debts to a consumer reporting agency during the term of the 30-day validation period detailed in Section 1692g?" Yes. As stated in the Commission's Staff Commentary on the FDCPA (copy enclosed), a debt collector may accurately report a debt to a consumer reporting agency within the thirty day validation period (p. 50103). We do not regard the action of reporting a debt to a consumer reporting agency as inconsistent with the consumer's dispute or verification rights under § 1692g. II. "Is it permissible under the FDCPA for a debt collector to report, or continue to report, a consumer's charged-off debt to a consumer reporting agency after the debt collector has received, but not responded to, a consumer's written dispute during the 30-day validation period detailed in § 1692g?" As you know, Section 1692g(b) requires the debt collector to cease collection of the debt at issue if a written dispute is received within the 30-day validation period until verification is obtained. Because we believe that reporting a charged-off debt to a consumer reporting agency, particularly at this stage of the collection process, constitutes "collection activity" on the part of the collector, our answer to your question is No. Although the FDCPA is unclear on this point, we believe the reality is that debt collectors use the reporting mechanism as a tool to persuade consumers to pay, just like dunning letters and telephone calls. Of course, if a dispute is received after a debt has been reported to a consumer reporting agency, the debt collector is obligated by Section 1692e(8) to inform the consumer reporting agency of the dispute. III. "Is it permissible under the FDCPA to cease collection of a debt rather than respond to a written dispute from a consumer received during the 30-day validation period?" Yes. There is nothing in the FDCPA that requires a debt collector to continue collecting a debt after a written dispute is received. Further, there is nothing in the FDCPA that requires a response to a written dispute if the debt collector chooses to abandon its collection effort with respect to the debt at issue. See Smith v. Transworld Systems, Inc., 953 F.2d 1025, 1032 (6th Cir. 1992). IV. "Would the following action by a debt collector constitute continued collection activity under § 1692g(b): reporting a charged-off consumer debt to a consumer reporting agency as disputed in accordance with § 1692e(8), when the debt collector became aware of the dispute when the consumer sent a written dispute to the debt collector during the 30-day validation period, and no verification of the debt has been provided by the debt collector?" Yes. As stated in our answer to Question II, we view reporting to a consumer reporting agency as a collection activity prohibited by § 1692g(b) after a written dispute is received and no verification has been provided. Again, however, a debt collector must report a dispute received after a debt has been reported under § 1692e(8). I hope this is responsive to your request. Sincerely, John F. LeFevre Attorney Enclosure OK- so the way I read this is that the CA can report AFTER you've requested validation IF they mark it in dispute. HOWEVER, they cannot continue to verify the TL with the CRAs BEFORE providing validation- they must then choose to cease collection activity i.e delete.
Re: Re: Re: How long can CA show Dispute Thanks smontoya and ms bandit that information was very helpful. I had started doing a search, but it just seems like the question was never really answered. I see now though. I will prepare in intent to sue letter.
That is not the way I read or understand it. Yes, the FTC's answer to Question I in the Cass opinion letter states that a CA can report during the validation period. However, they can report only until they receive a written dispute from the consumer. After they receive a written dispute, they must stop all reporting/updating/verifying of the debt to the CRAs. The answers to Questions II and IV of the Cass opinion letter state that a CA cannot report after the consumer has disputed/requested validation and before the CA has responded: "Is it permissible under the FDCPA for a debt collector to report, or continue to report, a consumer's charged-off debt to a consumer reporting agency after the debt collector has received, but not responded to, a consumer's written dispute during the 30-day validation period detailed in § 1692g? As you know, Section 1692g(b) requires the debt collector to cease collection of the debt at issue if a written dispute is received within the 30-day validation period until verification is obtained. Because we believe that reporting a charged-off debt to a consumer reporting agency, particularly at this stage of the collection process, constitutes "collection activity" on the part of the collector, our answer to your question is NO." "Would the following action by a debt collector constitute continued collection activity under § 1692g(b): reporting a charged-off consumer debt to a consumer reporting agency as disputed in accordance with § 1692e(8), when the debt collector became aware of the dispute when the consumer sent a written dispute to the debt collector during the 30-day validation period, and no verification of the debt has been provided by the debt collector? Yes. As stated in our answer to Question II, we view reporting to a consumer reporting agency as a collection activity prohibited by § 1692g(b) after a written dispute is received and no verification has been provided. Again, however, a debt collector must report a dispute received after a debt has been reported under § 1692e(8)." In fact, Question IV specifically addresses the issue of a CA reporting an account as disputed after receiving a written dispute and before responding. It's a no-no. But, if the CA has already reported the debt to the CRA before receiving the consumer's dispute, then the CA must notify the CRA that the debt is disputed. Someone please correct me if I am mistaken. flamva
ok Flam i see what you are saying which is sort of the way I read it the first time, However while the CA marked the item in dispute with the CRA, but yet they have provided me no proof of the debt, and yet continue to verify the tradeline, now isn't that a violation? Again I don't really know which is where it gets tricky, and I'm all confused again.
Re: Re: How long can CA show Dispute This is something that can be debated on and on. Reading the FDCPA, it's unclear about exactly *what* is considered continued collection activity and communication. It's only until you get to the Cass FTC opinion letter that you see the first mention that reporting, or continuing to report, a tradeline *could* be construed as communication. Personally, I do believe that leaving a TL on someone's report *is* continued collection activity. They know that eventually you're going to need credit so they'll get their $$$. There have been people that have sued CAs over this and have won. Queen- you can try to get rid of this on two fronts- 1- You *do* have the CA on verifying the account with the CRAs before providing validation to you. Have you sent the estoppel yet? If not, send it then 5 days after you get the green card back, dispute it again with the CRAs 2- In your dispute letter, ask how the CRA can verify this account when the CA has ignored all your requests for proof that the debt is yours? Include copies of the letters you sent and the green cards.
