What do you do IF you send a letter to an OC and dispute with the CRA's and the OC sends you nothing verifying the debt but verifies with the CRA.. Lets assume for arguments sake that they did mark the acct in dispute and have no violations. I ask because after reading and re-reading the FCRA I can find no info stating that the OC or furnishers of information must verify the debt with the consumer. It just says they must update the info with the CRA. If anyone can find any different ifno let me know.
Easy answer. Except in certain states the OC cannot be sued for violation of FDCPA. If you don't live in one of those states then they have no legal obligation to tell you anything at all. On top of that they can do anything they want to to you whether prohibited by FDCPA or not.
He was talking about the FCRA not FDCPA. A furnisher of info can be held liable under 623 of the FCRA for reporting incorrect info. But, as the poster stated, nowhere does it state they must respond directly to the consumer.
It appears that the estoppel letter is pretty much the only option with an OC who doesnt respond to verification but cant they just ignore that too?
here's what i think i would do if it were me.. if they can't validate the debt, then I'd fill suit. yeah, i'd try for an FCRA violation as well, saying they're willfully providing the CRA with inaccurate info (you're not saying they have to validate, but that they have to provide accurate info and that if they can't validate then it's not yours). make them prove it in court. My thinking is this: FCRA aside, if you were to sue them over the debt/account/etc they will still have to pesent valid evidence in court to defend themselves. whether it's via FCRA or not, I'd make them support their claim. If I find myself in this sitution, and I assume I probably will, I will personaly feel that if they don't provide me with validation that the debt is correct/mine, then thats because they can't. So I'll take them to court and see how far they get w/o evidence. i could be off here, but it's my thoughts on the matter.
I love that approach ...It will force them to prove it or remove it at that point. I am ofcourse trying to get as many items off without court if at all possible. so far TU has been the easiest 2 of 4 have been deleted and 1 more may be by tomorrw. The other CRA's have been a little more stubborn as everyone is claiming verification..As soon as I get all the other crap off I will more than likely force them to prove it to me in court. I just dont want to walk into court with 2 repos a medical collection adn an eviction om my record..It will be alot better for me to walk in with a pretty clean report and say "See THEY are screwing up my credit!" anyway, thanks for the logical info. pk
