Just need some advice on how to proceed next. Sent a validation out and the day they signed for it they pulled a hard inquiry. Do I send a letter out now demanding deletion due to the violation, or do I wait out the 30 days to see if they do anything else? Second - Axys/Fingerhut has basically told me they have no records of me beyond some late charges and finance charges. (by phone call). Do I take this phone call as a continued collection activity and do the same as above? Or do I just send out a letter demanding deletion based on the fact that they can't validate? Their 30 days aren't up yet either. Thanks.
With #1, how do you know they didn't do the inq in the am and then received your validation letter in the pm? Unlikely, but it is possible and that's what they will claim. #2,Fingerhut is an oc and therefore is not subject to the FDCPA which means they do not have to validate. And, there is no 30 day limit to reply to a validation letter. In fact, a ca doesn't need to ever respond as long as they cease collection activity. For #1, assuming you sent the validation to a ca, wait the 30 days. The 30 days is only a reasonable amount of time in which we assume if they haven't answered that they can't validate. No time limits are imposed by law. If they don't respond, I would send them the estoppel letter which you can find by doing a search. As for Fingerhut, if they called you to tell you they had none of the records you were requesting, that is not a violation or an attempt to collect. It wouldn't matter if it was anyway, as again, they are not liable under the FDCPA. You could send them a letter citing section 623 of the FCRA that you are disputing the info they are reporting, and as it is apparent they cannot verify it as they stated in their phone call, they legally need to remove it now.
Re: Re: Opinions and advice needed please. Well, I don't know when they pulled the inquiry - but they never pulled one before. Yes - Fingerhut is the OC - but it is listed as a collection account on my reports so I get confused when dealing with them. I will send them a letter citing section 623 (after I read it and understand it myself first!). I will wait the 30 days with the first one - though it is killing me to wait. I want everything off TODAY! LOL - don't we all! It is just getting somewhat frustrating now because most of my stuff was included in BK and it is not being reported as such. Not that I want it reported that way, but I also don't want it to look like I owe more than I really do since some of them have balances listed and it makes it look like I am deliquent every month. Thanks for your help.
