Hello, I have disputed many accounts as "not mine" with the CRAs. Some are comming back as verified/prevously verified. I am now sending letters requesting how it was verified and proof of something with my signature on it. My question, legally what can they consider verifiable? Don't they need to produce my signature, or can "lesser" information still count...
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There is a major, major, major difference between Validation - 809 FDCPA and Verification - 611 FCRA -- Validation under 809 requires that you send to the CA a letter which states simply "I don't know anything about this account, and I am demanding that you provide absolute proof of every penny which your company alleges is owed." Complete validation letters are in the sample letters forum, but that is the simplest. Validation letters are only for Collection Agencies. In most states, Original Creditors are not obliged to provide for validation under the FDCPA. If the account was an 'open' account, you may be able to force them to validate under the FCBA. -- Verification under 611 requires only that a the CA looks at the data provided by the CRA, looks at their computer screen, double checks the information matches, and corrects any discrepancies.
So Basically if an OC believes I owe the debt they don't have to produce an original contract and I'm SOL? Just to understand.... You can't validate with a CRA or OC? This seems kinda crazy with all the identify theft going around....
That's what I figure. If the OC can't produce or won't produce a signature. Then I'll take them to court and sue them for the amount of money they are reporting that I owe. I will settle out of court for deletion of the record, or win the money and pay the debt off. I don't think they'll want to send someone to my hometown to figth a small claims court case.
