After sending few DVL's to a CA, got this reply last week. Our records show that you have previously requested relevant documentation pursuant to FDCPA. Accordingly, 'CA Name' has closed the above referenced account and asked the CRA to delete the trade line from your CR. Just wanted to find out what happens next. 1. Is there anything required from my side or shall I consider this account to be closed now? 2. Is there a chance that this account will show up with some other CA in future?
1) Nothing really. 2) LEGALLY, NO! The Fair Debt Collection Practices Act states that it is a false and misleading representation to say that the transfer or assigning of the account to anyone, including the original creditor, would subject you to something which is prohibited by the FDCPA. Since you demanded documentation pursuant to the FDCPA, continued collection activity is something which is prohibited by the act, therefore if the account is sent back to the OC, and they, or anyone else attempts collection activity, 'CA Name' has made a false and misleading representation that would be in violation of the FDCPA. The other party, whether they know it or not, would also be violating for the continued collection activity prohibited under the FDCPA. That said, typically when the OC gets the account back, they may either try to continue to collect on their own behalf, or hire another CA to collect for them. You just have an instant case from the first communication from the new party based on the account being frozen by the previous validation demand.
I just pulled up my CR today and this CA still shows up there. They sent me a letter 3-4 weeks ago stating that they have asked CRA to delete the trade line. 1) How can I make sure that CRA deletes it? 2) This account shows as disputed, Can I again initiate a dispute on this account with reason that CA sent me a letter that they have asked CRA to delete the trade line. I mean, is it legal to dispute an account that already shows up as disputed on my CR? Thanks
I would wait a bit longer for your reports to update. If it hasn't been corrected in 60 days, then I would worry.
There are two schools of thought; (a) as Joshua pointed out, you could wait out 60 days, re-check the credit report, and see whether or not they have removed it following the 60 day period from the date of the letter that the CA sent; (b) dispute the account with a general dispute and see if it's removed. I personally wouldn't provide the letter from the CA, unless the account remains following the dispute.
