Please critique my letter, which I've prepared for unpaid chargeoff ($2K) with the OC. I tried disputing the account with the CRAs but it came back verified with EQ & TU (I'm still waiting for EX). The account is still with the OC and I'd like to send this letter as OC Validation. If things become really heated, I'll just offer pay for delete. Here is it: Dear «Credit Card Company» I am writing to dispute the validity of the above referenced item pursuant to the Fair Credit Reporting Act. Under the FCRA, I have the right to request validation of the debt you say I owe you. Iâ??m requesting evidentiary documentation that substantiates the information you have furnished and its reporting, including the required commencement of delinquency date, as verification of the information you have provided and its present reporting. The FCRA requires you to verify the validity of the item within 30 days. If the validity can not be verified, you are obligated by law to remove the item. I am also requesting that you notify all of credit bureaus that this account is â??disputedâ? or that you delete this account until this matter is resolved. This is required by the Fair Credit Reporting Act. This is a written dispute of this account per the Fair Credit Reporting Act, the Fair Debt Collection Practices Act and the Fair Credit Billing Act. Please be aware that I am exercising all of my rights per these laws and all other applicable laws protecting me. Sincerely,
Not bad...is it still within SOL? Have you opted out? And remember that the FDCPA doesn't apply to OC's.
Thanks for your feedback! I'll remove the reference to the FDCPA. Yes, I've opted out. The debt is still within SOL.
THE FCRA does not give you the right to ask for validation from the OC. You can dispute the debt directly with the furnisher, and they must conduct and investigation, but they don't have to send you proof of the debt.
It would still be interesting to see what the response was. Under new FACTA you do have the right to dispute directly to the furnisher. What harm could come from the inquiry?
Agreed, it doesn't hurt to ask for it, and they might give it to her, I was just pointing out that they don't HAVE to.
Under FACTA, the OC does have to provide documents on the account if you are claiming identity theft and a fraudulently opened account, and have filed a police report. The regulations are still being written, however, I believe. If the OC still owns the account, they have little reason not to provide you with at least the latest statements. If they have sold it to a JDB, then you have dispute rights under FDCPA.
