The FDCPA says that if you request validation of a debt held by a collection agency that they can not actively pursue collection during this time. This would include verification of collection accounts the credit bureaus are trying to verify at that time. So, you send your dispute of the collection account. In 3 or 4 days you send a validation letter to the ca, certified, r/r. This means that when they receive the request from the cra's, they cannot respond and the entry should be deleted. If they do verify, you've goth them for violations. Any thoughts?
Specific case cites for the violation? I have one at Heintz et al v Jenkens, (No. 94-367, 1995 U.S.) That's the Supremes. I could use some more if available as we have a poster on the board trying to put together just such a case. He has not mentioned that he could use more case cites, but I assure you that any he can come up with will stand him in good stead.
This sounds like a short-term solution though. Couldn't the CA just re-report it after validation if the CRA, in fact, deletes it? Tom
Exactyl! And that's also one of the reasons I advocate going after the creditor and making him delete the listing so it don't ever come back again. It's never any fun to have to repeat the fight over and over. It's about the same as two old roosters always fightning till the death do them part.
If you are sending the validation to the ca at the same time, then you are dealing with the creditor - reporter. From my experience so far, they won't be able to substantially validate the debt. At that point it should already be off of your reports and you won't have to mess with it any further.
