Hello Gang, I recently sent a validation request to Providian regarding two accounts. I also disputed them with Equifax. They were deleted from Equifax and Providian has not responded to my letter (they have until 4/19/02). Problem: I also disputed with Experian and the accounts were verified. Should I send an estoppel letter on 4/19 or just leave well enough alone? These are valid accounts and I would hate to see them reappear on Equifax, but would love to see them disappear on all 3 reports. Any insight? TIA.
Validation letters are for collection agencies, not original creditors. An OC would (or at least should) not have any problem validating the account is yours, while a CA usually has slim to zero information on your account other than your name, address, phone number, account #, and how much you owe. You said the accounts were deleted. Were they charge-off accounts? Or simply accounts with late pays on them? You could always send the equifax update page showing the accounts deleted to EXP and ask them to update as such. I'm guessing from what you wrote (or lack of actually) that these accounts are not reporting to TU?
Sorry I wasn't clearer in my original post. The two accounts are chargeoffs from 2000. They are reporting with all three CRA's. I'm disputing with all 3. So far, Equifax has been removed and Experian verified. No word on TransUnion as of yet. Do you think sending the deletion papers to the other CRA's would work? Or should I just send a copy of the letter and return receipt to the CRA to show they didn't validate? Is there any way to get the OC to validate or remove? lb
Other members have had success sending copies of updated reports from one CRA to another in order to get an account deleted (just be sure to black out information the other CRA does not need to see). It's worth a shot in my opinion, it certainly cannot hurt. You may even want to try this first because attempting to contact Providian again. As far as sending copies of letters you've sent to Providian to the CRA and asking them to delete, that's hard to say what might happen. We all know the CRA's never believe anything we send them (unless it's in the form of a lawsuit) so they (the CRA) will most likely just start another investigation. Of course, we're dealing with unpaid charge-offs here, and you could wake up and stir the "sleeping dogs" if you continue to send letters to Providian and they may just send the charged-off accounts to collections. Now I'm not sure, and someone help me out here, but isn't it true that OC's are not required to respond to a validation letter, only 3rd parties such as CA's?
In a way, I wish they would sell the debt to a CA. They are much easier to deal with regarding validation, etc. lb
You don't want it going to collections. Yes, the CA MAY be easier to deal with but you would then have 2 entries on your report for the same account and the CA WILL NOT do anything with the entry of the original creditor. As for validation, the OC DOES NOT fall under the FDCPA, so validation means nothing. Validation is only used with CAs. Don't take this as an insult, but I think you are exposing yourself as an amateur to Providian by requesting validation and it could come back to bite you. Only use validation with CAs, not original creditors.
You don't want it going to collections. Yes, the CA MAY be easier to deal with but you would then have 2 entries on your report for the same account and the CA WILL NOT do anything with the entry of the original creditor. **************************************** The same account cannot be reported twice. My husband had two Providian accounts that were sold. He had four entries rather than two. I disputed to have the two Providian removed as duplicates and they were. I also had an Orchard Bank account that was taken over by Household. Both were reporting. I got the Orchard acct removed and later Household. As for validation, the OC DOES NOT fall under the FDCPA, so validation means nothing. Validation is only used with CAs. Don't take this as an insult, but I think you are exposing yourself as an amateur to Providian by requesting validation and it could come back to bite you. ************************************** Actually, not all OC's are "credit-savvy" regarding validation. Many of them will respond with proof (Cross Country did for me). I've been working at repairing my credit for over a year and a half now, so I hardly consider myself an amateur. Only use validation with CAs, not original creditors **************************************** Then what options do I have in getting it removed? lb
Someone correct me if I'm wrong here. The OC is not compelled by the FDCPA, however, they are compelled by the FCRA. This means that they still must be able to support the information they are reporting to the CRA. Even though the OC is not a CA, they must be able to show that 1) the debt is yours, and 2) the information they are reporting is accurate and valid. You might try a modified validation letter requesting they provide proof of the debt (signature), a complete accounting of all debits and credits, whether the account has transferred to someone else and if so whom, and if it was charged-off and if so for how much. You might do this under the guess of "I don't recognize this debt on my cresit report..."
