I like to call it "When CAs attack." We have previously unvalidated med collections which were removed - I even have the "sorry" letter from the CA to prove it! It just reappeared in 2/05 and when I called today they fell all over themselves being nice "we didn't report it but we'll send through to remove it right away!" So ... do I just let it pass or is there something MORE I should be doing? I don't want to have to pay for credit watch just to know when this invalid collection reappears every year. Not to mention, can't a CA be fined for this?
It is a violation of the FDCPA for a CA to "continue collection activity" without providing proper validation when it is requested by the consumer. Making an entry on your CR is a collection activity and a $1000 penalty should you choose to sue them The CRA also violated the FCBA for reinserting a previously deleted TL unless they notified you it was reinserted
If "they" didn't report it then who did? Also, if "they" didn't report it, what authority do "they" have to remove it?
Nope - no notification. So ... how do I get my thousand bucks? Is this a small claims court thing or is there some "FCRA Police station I visit ;-) ?
Re: Re: When unvalidated colls reappear? yes (you might wish to run the whole thing by a lawyer to make sure you have a solid case)
Re: Re: When unvalidated colls reappear? Thank you! Since I have correspondence on this from last year clearly stating "we will remove this ASAP - we were wrong" basically, I don't see how they have any valid reason to re-insert it. Of course, it's frustrating because I have another one right now also removed in like 2002 and another CA not only re-listed but changed the date to say it was PAID in 2002 but "balance 0 Nov. 2004" Doesn't that effectively re-age it?
