I think i got this creditor for breaking the FDCPA and FCRA if they do what im almost certain they will do, Tell me what you all think. About 35 days about I sent a Validation Letter To the CA, 23 days later i got a letter saying that they are returning the debt to the original creditor and will remove all items they have placed on my credit report that they have put on it as requested by my Letter of Validation. Today I checked my credit report and the item is still there. So today I sent out a letter to Equifax disputing the dept and asking them to investigate this item or remove it. When it comes back verified by the CA, if my understanding of the FDCPA is correct i can now sue them for 1. Continuing to attempt to collect a debt that they Failed to Validate (by them telling Equifax that the debt is valid) 2. Inaccurately reporting invalid items on my credit report Before suing them i think ill dispute the debt with the other 2 reporting agency's and add them into the violation pool Tell me what you think, any input is greatly appreciated and if you need more information from me just ask
First of all, they may not have had time to update. First they'll return it to the original creditor, then probably update after that. I'm not sure you can make the case that reporting a debt is collection activity, however. I know there are some boards that throw these theories around, but I don't see most courts considering it collection activity. And if they haven't yet returned the debt they probably are not inaccurately reporting. And they may not reply to the CRA. What did you use as your reason when you disputed?
i used one of the validation letters on the sample section, changed it up a little for my situation. but in the letter it says that if they cannot validate the debt, that they are required by law to remove there items they added to my credit report. How would it be legal for them to fail to validate the debt, tell me they are going to remove the item from my report, then when the CRA does the investigation they tell them its valid. If anything they are responsible for reporting false information on my credit report. Ive read the FDCPA and the FCRA but im not a lawyer so if in misunderstanding this information I'm sorry and thank you very much for taking the time to help me. I hope to learn as much as I passably can to arm myself for the future.
