They have acknowledged receipt of your dispute. They can take forever to validate, or even never do so, but if your dispute was within 30 days of their first notice, they cannot assume the debt is valid until they send you validation obtained from the original creditor, so they cannot "collect" until then. If you dispute thru any CRAs reporting their TL, they should not verify until they have provided validation to you, else they are "collecting" without validation, and violating FDCPA. If they don't verify, the CRA must remove.
Thing is, until these past two letters, dated November 2005, they NEVER notified me at all; they simply placed the item on my Credit report-- that is how I discovered it. And when I disputed it via the CRA's it came back as verified even though I never got any documentation doing such. I was finally able, after a year+ of disputing the fact it was not verified, to get it off my CR, now it is verified and boom is back on there... oh well.
They don't have to notify you before putting it on your reports. They don't have to send you any documentation before verifying when you dispute thru the CRA. They do have to follow FDCPA, which means notifying you of your rights within 5 days of initial contact, either providing validation or suspending collection until they do when you dispute with them timely, marking disputed TLs in dispute, and the other FDCPA requirements.
Well, I disputed it with both not only the CRA's but them as well. And I know they cannot just place an item on my CRs, once I dispute it, they have to be able to validate or verifiy it, not just send me some info form letter like I got yesterday, well over a year since first requested and this is all they can come up with? ACCOUNT VERIFICATION STATEMENT Account holder: my name sssn and address, with thier account number re: Former First Select, Inc. account#rovoded, but not posted here ACCOUNT HISTORY: Original Creditor: PNB BAnk Original Account Number: agian, not posted here Date Established: April 16, 1999 Original Creditors Address: POBox 99681 Arlingtion TX 76096-9607 Date of Assignment: October 13, 2000 Original creditor Balance at assignment: 2776.46 (up some550+ dollars from 4/7/2000 balance) Assignee: First Select, Inc. Assignee Address: 201 Mission Street San Francisco CA 94105 Balance at purchase: $2926.46 Current owner: Credogy Recieveables Inc. Adress: 2877 Paradise Road, Unit 303 Las Vegas, Nv 89109-5239 Current Balance: $ 2,926.46 as of DATE Now, even I knwo that is not a proper verification or validation. Title 15 U.S.C. § 1692g(b) clearly requires CA to obtain verification, not manufacture it in their office. ANd I was told you don't get to pick and choose whether you want validation or verification. It's not your right. In fact, there's no point in even mentioning validation or verification in your letters. The plain language of the statute clearly says that the consumer need only to disptue. You can write "I dispute" in crayon if you want and that is sufficient. I suppose you could also cut the letters out of a magazine and glue them onto construction paper if you want and that would suffice. I was also told that they had 30 days to reply to my dispute letter, not over a year.
So, I have sent them at least 5 letters of dispute each time it reappears on my CR's, the CRA's initially say it is a valid debt and do not remove it, when I dispute that, as in that credigy never validated it with me, they remove it. However, next month is it just back again. How the heck do I get these bozo's to remove it from my CR's and keep it off there please? thanks! =^)
