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Discussion in 'Credit Talk' started by LKH, Aug 13, 2001.
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My understanding is that the original creditor and the CA currently trying to collect can both report it to the CRAs. However, I don't think that the CA is allowed to report until they contact you and give you thirty days to dispute the debt as yours.
GUILTY UNTIL PROVEN INNOCENT...
Do their work for them...
I know it's not fair but sometimes that is what you have to do to get results. If you don't do it for them, then you are the one to suffer.
I have read the FCRA and can find nothing relating to this subject. If indeed they cannot report until they contact me, then they are in violation. I found it on credit expert and have received nothing from the ca. By the way, the ca is none other than Gulf State.
I agree it does not specifically state that a CA must contact the consumer before reporting to the CRAs. However, I read the Fair Debt Collection Practices Act and it states that CAs are required to give you 30 days to dispute the validity of the debt. That is why they cannot report to the CRA before the 30 days are up because until then you have the right to dispute the validity of the debt and if they report before the 30 days they are reporting a debt whose validity has yet to be confirmed (by consumers response or lack of response). It is the consumer's safeguard against being reported to the CRAs before the consumer has a chance to respond.
Anyway that's how I understand it.
So, if it was you, how would you proceed with this?
Well, first of all, I have to say I have never been in your particular situation so I'm not basing anything I say on actual experience. Just what I have learned in the last couple of months. Also I am very new to this credit repair business. Two months ago I knew absolutely NOTHING about how credit and credit repair worked. Having said that - If I were you, I would send a letter to the CA explaining clearly why they are in violation of the FDCPA. Then inform them if they do not remove their report from the CRA within 10 days, I would be filing a complaint with the AG and FTC.
That's what I would do. Anyone else have a suggestion - Bill, GEORGE, godaddyo....