Just wanted to share a success with everyone. I recently found a collections account listed on my TU and EXP reports. In doing some initial investigation, I found that this was from a video store in Chicago, from where I haven't lived since 2000. I copied the Validation letter from the list of letters, sent it certified with return reciept, and, poof, both reports are clean in less than 3 weeks. Just have to say thanks for this great board. I don't post much, but I get tons out of reading other's posts and responses. My question now is......how do i make sure that these people don't slip this back on to my CR? Do I try to get some type of written confirmation that the account is not legit and I am not legally obligated to pay it? Or is their removing of the listing and non-response to me enough to cover me if it does show up again?
Keep your records, copy of your validation request, and return receipt to prove they got it, in case they try to collect again, or sell it to another CA. You may need to use your proof that the debt was disputed to sue them under FDCPA or FCRA. Even though the accounts are removed, you could also file a CRA dispute based on your copies of your CRs that show the accounts. That would force the CRAs to investigate the accounts by asking the data furnisher to verify. Since the CA has already removed, presumably they would "verify" that it should be removed, which would require them to specifically "certify" it is accurate if they reinserted. That positions you to sue them under FCRA and FDCPA on any reinsertion where they have not sent you "validation" first. If you think the account was the result of ID Theft, file a police report. That would give you rights under FACT to get paperwork or other documentation such as original application or rental history on the account, possibly useful in proving the account was opened fraudulently, or possibly tracing who opened it or what id info they had. You would also need a police report to get the CRAs to remove fraudulent accounts from your CRs, if the OC or CA refuses.
