Back in February I sent in a validation letter to a CA. They did not respond so I sent another letter. Still no response. Yesterday I received a copy of my credit report and they are still reporting against me plus added several more. What should I do next? I called the CB and they told me that they cannot remove them unless the collection agency asks them to. I tried to dispute and they told me that I've already done that 4 times and that's the limit. Please help on what to do next. I did try and call the CA and they were very rude and said that they didn't have to prove anything.
No, they are not marked in dispute. There was only two accounts and they added additional accounts that were not reported plus several that were paid. I have four with balances and six with 0 balances. They cannot prove these as mine but still keep reporting.
They have violated the FDCPA by not noting the accounts as being disputing by consumer and by reporting the new accounts as not being disputed either. Read the following FTC staff opinion letter - I think it will be useful. I think your next step should be to draft an intent to sue letter. http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm
On all of them. They have not responded and keep reporting against me. I called them and they will not help me at all saying that do NOT have to prove a damn thing! They actually laughed at me. I am so frustrated and need to know what to do. I thought I should send copies of all this to the CB but they probably won't help either.
In a sense they are correct, they do not have to provide validation HOWEVER they can NOT continue to collect on the debt then. They must cease all collections when a written dispute is received until proper validation in provided to the consumer. It is the opinion that reporting a debt to the CRA is continued collection activity. Plus the fact that none of the accounts are properly noted as being disputed. I'm assuming that it is not still in the 30 days after the first notice, correct me if I'm wrong. If you have some time I might first try and dispute the accounts with the CRA, and let them come back as verified - Just as a little extra proof if it comes down to having to take further action.
I already disputed and they came back verified. So now what do I do? State Attorney's office or CB? How can I get these removed from here? Thank you.
Then draft an intent to file a lawsuit letter stating the violations and send it to the CA. Give them a time frame to remove the accounts or you will file the lawsuit. You can file a complaint about it with the BBB and/or the Attorney general in which state the CA is (it may help).
Thank you Donna. Anyone else have any other suggestions for this or has anyone had a similar situation?
Your local assemblyman/congressman's office has low-level aides that do this sort of stuff for consumers. Ask if they would place a phone call or write a brief letter on your behalf.
Usually, in cases like yours, you have to sue them. They hide behind the courts, and they know that most consumers do not what to do this. You have to be willing to finish whatyou start. Usually they don't let it get that far - getting served often is enough, but still you have to be ready to go to court. That is why all the mail receipts - the paper trail is your proof that they have broken the law.
