After sending validations to ca over 90 days ago, today I recieved a letter from Providian that they have received my letter concerning not my acount and have turned it over to their fraud dept. What gives? Don't they have to provide validation or delete?
(Wait I read the CA just now)...Did you send the validation to Providian (the OC)? or are they (Providian) replying from your validation to the CA (a different entity). If you sent the validation to the CA then the response to your validation MUST come from the CA. However, the information THEY GET that they send to you, must come from the OC. In that case, that would be a clear violation of the FDCPA. You should send C&D letter or 2nd validation/Estoppel letter and demand they remove the listing immediately. If you sent the validation to the OC (providian) then NO. They are not bound by the validation requirements of the FDCPA. They do have to mark the account as "in-dispute" so I would dispute the listing with the CRA and see if they verify with or without the notation. -Peace,, Dave
Thanks for the bump! I sent the validation(s) letters to the collection company. I recieved nothing from the ca, but recieved the letter from Prov.-OC. This has all taken over 90 days and it is listed on my report as "in dispute" for the last 45 days. The collection is not listed, only the OC listing. Any advice concerning my next move? I have sent my 3rd letter with intent to sue if it is not removed in 15 days!
