Hello, To first give a little background info, I had a CA account report on my credit report. When I got their first letter I immediately DV'd them. Never heard back from them. I kept copies of the letters I sent them and the certified mail cards. Now 2 years later they are reporting it on my credit report. I disputed it is the CRA and it came back verified. Now I know I have them on a continued collection and verifying an account they couldn't validate but I wanted to make sure there wasn't any other violations I could get them on. Also, for them verifying an account they couldn't validate, I am a little confused on if that would fall under the FDCPA or the FCRA. I would really appreciate some input on this. I just want to make sure I've covered all my bases before I send them a letter. My goal is to just get them to remove the account but if needed I will go to court. Thank you!!
"Also, for them verifying an account they couldn't validate, I am a little confused on if that would fall under the FDCPA or the FCRA. " Assuming the debt was valid and continued collection, in voilation of FDCPA. Did your letter include that you dispute the debt? Did they mark it in dispute after your dispute thru the CRA? If not, failure to notify others that the debt was disputed. Have they contacted you, either by phone or letter, since your validation request, and requested payment? Have they offered to "settle" for a discounted payment? Continued collection without validation.
When they reported it to the CRA it did say consumer disputes but they waited until 2 years after receiving my validation letters before reporting it. They weren't reporting it when I sent them my dispute/validation request. I have not heard from them since the first collection letter they sent me. I am wondering if I really only have them on one violation or if it would be 2. When they reported the debt after receiving my DV request they violated the FDCPA per the Cass FTC opinion letter but shouldn't it be a seperate violation when they verified the debt to the CRA when I disputed it through the CRA?
List them all and let the judge sort it out. It is not your job to mount their defense; they wouldn't defend you, either.
