If I've never received any communication from the CA and it shows on my CR, what prevents them from creating a letter, placing it in my file and saying it was done? Shanyl
Nothing... That's why its best to dispute a new CA account as soon as you see it on your report. Technically, under Heinz v. Jenkins, any reporting is a COMMUNICATION through the CRA as a MEDIUM. Heinz focused on litigation, however the court was specific in broadening the term of communication to include, any communication to the consumer informing them of the existance of the debt, through any medium. The CRA's are a medium, and one of the few mediums specifically mentioned in the FDCPA for the provision of messages to consumers (the other major one being their attorneys).
Well that stinks! But thanks for sharing it Jam237. Let me ask then, if you have a new CA account that you know will likely be validated if the CRA sends out the dispute to them, is it then best to first send a validation to the CA in this case? I have a CA that is I believe assigned rather than a bought account. I'm sure that they'll validate to the CRA. They phoned the other day and I told them I needed something in writing about the debt because I had no knowledge and they refused. When I verbalized the notes I was taking (that they refused) she got mad, told me she was ceasing the conversation and pursuing legal recourse. Shanyl
Did they send you a letter within 5 days of their initial communication informing you that you could dispute the debt or request the name of the original creditor?
