I sent WF a letter for validation with reference to the account number, and they sent back a letter saying they need more information, they want me to fax them a copy of the cr that shows to them the tradeline being disputed along with ss#. I dont know what to do here. Please advise. thanks in advance.
WHY?? isnt that doing there job for them, I thought they were responsible for PROVING the account. It looks like they want a little too much from me and for what reason, other then they cant find the info and therefore it needs to be deleted, ie; unverifiable debt, ....Am I wrong here, please let me know if I am misinformed. thanks
I don't know who WF is, but I assume it's a bank ... So, first, the account number and your name is enough for them to identify the account and to respond to the name and address, listed with this account. Second, if this is a debt validation letter, they can respond to you any way they want - FCRA does not obligate them to even respond to you. First you have to dispute it with the CRAs, then you can catch the OC in violation. Third, give more information, so CNers could better help you ... - What is the debt? Charge-Off, collection ... - How old is the debt? Last payment? - What state do you live in? Stuff like this ...
Re: Re: Please advise..... Yes, thats right george... The debt is a charge off from 5/02 as stated on cr. I originally did dispute it with CRA's it came back "verified no change." Thats when I sent a validation letter to them asking for proof of this debt. I want to know what I should do as a response to their request for a copy of cr and ss#. My first instinct is....NO WAY, thats their job to prove to me that this is mine, next they will ask for my signature. What is the best way to respond to them? thanks for advice.
Re: Re: Please advise..... Ignore WF's letter as you have never received it. As I said before, they have enough information to identify your account. No law obligates you to identify yourself with your CR and SSN. Here is what you can do: 1A. Send them the same letter with a note that this is the second time you request their proof of debt. They DON'T HAVE TO give you an answer, but if they do not report the results of their investigation to the CRA in 30 days, they will be in violation of FCRA § 623 (b) Duties of furnishers of information upon notice of dispute. If the TL is not listed as "disputed", include also that they have violated FCRA § 623 (a)(3) Duty to provide notice of dispute. - OR - 1B. Send CRA the Procedure request letter. It's more like the CRA won't be able to give you a complete answer. Then you send them Prove it or remove it letter. 2. Then you come back here and tell us all about it ... P.S. What is it actually that you want to do? Not pay the debt? Remove the TL from your CR? Take them to the court for $1,000 per violation? All of the above? ...
Re: Re: Please advise..... (b) only comes into play when you dispute through the CRA... just to remind the original poster of your original post telling them that they need to dispute it through the CRA earlier... Anything based on an investigation following a letter, phone call, or other non CRA initiated dispute falls under (a).
Re: Re: Re: Please advise..... Not only they have to dispute with the CRA first, but § 623 (d) states that "[color=0066FF]Subsection (a) shall be enforced exclusively under section 621 [§ 1681s] by the Federal agencies and officials and the State officials identified in that section[/color]", so they don't even have the option to enforce (a) - this is FTC's job.
