I sent my OC a validation letter that was received today around 4am and I got a call demanding collection around 4:30 pm. Is this some kind of violation?
-An original creditor DOES NOT FALL UNDER THE FDCPA. -Unless your state law requires them to, they do not have to respond to your validation request. -If you meant the debt collector, ONE DAY is way too close to show any violation.
I meant verification not validation. I thought they had to validate your account they could continue collection.
hiding is right on this one UNLESS your state law allows for it is the OC is not required to respond to verification of a debt however if you are talking about a acct that was FIRST disputed with the CRA and came back remains and you are attempting to Verify that acct with the OC thats different you are disputing info that is being reported incorrectly with the furnisher hiding and me argued over this one, the CRA will tell you to contact the furnisher if you further dispute this acct. the furnisher can be a CA or an OC. you have every right to verify the info they report as accurate is in fact accurate . I have a pending fed case under the FCRA for this same issue, but my state law is a big factor as well.
FUN, YOUR STATE LAW IS THE ONLY THING the federal laws DO NOT require the "furnisher" to reply or even do anything. The TILA may require them to, if it is a credit card, and this is a BILLING ERROR. You need to learn that whatever the CRA tells you, IS NOT THE LAW YOU CANNOT dispute info with the furnisher directly under the federal laws, and have ANY CONSUMER RECOURSE. BEFORE..DURING...OR AFTER a dispute with the reporting agency.
hiding if the furnisher is reporting innacurate info to the CRA I can sue them under the FCRA 1681 BECAUSE I previously disputed the acct with the CRA and the furnisher keeps verifying it as accurate. I have a justifable genuine dispute that inaccurate unverifable information is wrong as the furnisher ignores my request to verify what they are reporting is correct. My states laws just offer additional protection because the furnisher happend to be an OC they were in this case REQUIRED to verify the debt in addition to the FCRA. any debt that can not be proven, can not be legally collected per my attorney. nor can it be reported I can also sue the CRA for failing to maintain adequate proc as they claim they verified an acct as accurate they were dully informed the acct was not accurate and it was unverifable. But willfully played a game saying they couldnt remove it unless the furnisher told them to. rather it be an OC or CA "the furnisher" can be held liable for NOT reporting accurate information. misrep the debt etc etc.
"rather it be an OC or CA the furnisher can be held liable for NOT reporting accurate information" we did this already. IT IS NOT WHAT THEY ARE REPORTING THAT YOU CAN SUE ON!! IT IS THE INVESTIGATION that they conduct that they can be held liable for!
no...u adressed the CRA's "procedures" NOT the collection agencies "investigation" THEY BOTH have to conduct an investigation. the reason why this is important, is a collection agency CAN conduct a reasonable investigation, and STILL report inaccurate info. THEY WOULD NOT BE LIABLE for the inaccurate info in this case.. that is the REASON I SAY IT IS NOT the info they report that you can sue on. The furnisher's investigtation is based on the info they receive FROM THE REPORTING AGENCY. If the reporting agency DOES NOT GIVE THEM THE CORRECT INFO, such as the SPECIFIC DISPUTE, the furnisher MAY conduct a reasonable investigation based on the info from the reporting agency. IN THIS CASE, the reporting agency would be liable.
I'm totally lost now. What are my options? All I've done is get credit reports so far. Who do I send letters to? There were no attempts to collect until yesterday.
You're ok, osiris, no worries! OC's get verification (evidentiary documentation) letters, CA's get validation letters -- They all have their place. These will help you: Overall explanation of the verification process, OC's/furnishers: http://www.creditboards.com/phpBB2/viewtopic.php?t=6086&postdays=0&postorder=asc&start=0 Overall explanation of the disputing process, CRA focus (ty Michael): http://www.mix6.com/credit/ Overall explanation of the validation process, CA's (ty Kristy): http://www.creditinfocenter.com/rebuild/debt_validation.shtml Sassy
Re: Re: Is this a violation these are all helpful but I have a special situation. I have two accounts that have been charged off. I wasn't getting any kind calls or letters until this week (probably because I requested credit reports). Now I'm gettign several calls a day and I'm itching to catch a violation or them to be unable to prove what i owe. I don't know what to do because technically they're well past 30 days. I used to get calls all the time two years ago when the accounts went deliquent. They started calling again but I don't know what to do. One caller is an OC and the other won't leave a name until I acknowledge that i'm m the person they're looking for. if I can't validate\verify an OC then what do I do? how do I find out who the CA is? I don't have caller ID and they won't leave a name?
Re: Re: Is this a violation I wouldn't talk to them on the phone. And, I'm guessing you believe there is such a thing as a 30-day window that is applicable to you as a consumer. No furnisher (CA or OC) has to respond, not to a validation/verification request or anything else. You can't force them to respond, just as they can't force you to (nor answer your phone either). The only mandated response you will get is from the CRA's. You are building a papertrail and you DON'T want a response, does that mean you shouldn't do what you are supposed to do? No., you only want to show that you exhausted the remedies available to you as a consumer. If you get a response providing validation/verification, and that's a big if, use the information provided to confirm the inaccuracies of their reporting. No response, is the best response, be glad for it! Build the papertrail anyway, you can hold them both, or one or the other responsible for the information, and/or their procedures and methods of collection, but not without documentation -- that's the whole point. Sassy
Re: Re: Is this a violation what do i do with the papaer trail if i can't catch them in some sort of violation? what can i do CRA wise? i need to get s used vehicle soon and i have 2 2.5k chare offs listed.
Re: Re: Is this a violation How unfortunate for people to have to get caught in the middle of hiding and whoever his victim may be.
Re: Re: Is this a violation Osiris, Have you studied the links Sassy gave you? You still haven't told us what kind of acct. this is. (Open/closed end). NO - your situation is not "special". This stuff happens all the time. You shouldn't be doing anything until you build a foundational understanding of what's going on. .
Re: Re: Is this a violation Both accounts are chargeoffs for about 2.5k each. one is with discover and the other is from citi. They went delinquent last summer and were charged off last fall.
