Anonymous Posted January 9, 2003 Report Share Posted January 9, 2003 Hello All, First off I have had some success with CHOD. Got 2 collection account deleted from TU. Got an account updated as paid never late on Experian. EQ hasnt done anything but play games and stall for time. My question is, is the CA bound by the same 30 day rule, as in if they fail to verify debt in 30 days, can I request to have the CRA delete the item? Please helpMe Link to comment Share on other sites More sharing options...
cookiemnster Posted January 9, 2003 Report Share Posted January 9, 2003 But if you're talking about responding to a validation letter, then the answer is no. There's nothing written in law that says they have to validate within 30 days.What it does say is that they have to stop collection activity until they provide it. They have to mark the item in dispute with the CRA's but they don't have to delete. Link to comment Share on other sites More sharing options...
Swede Posted January 9, 2003 Report Share Posted January 9, 2003 <blockquote>Originally posted by cookiemnsterBut if you're talking about responding to a validation letter, then the answer is no. There's nothing written in law that says they have to validate within 30 days.</blockquote>Yep, there's nothing in writing obligating CA's to respond at all to any of your disputes, whether from it comes from you or a CRA. The 30 day is the CRA's timeframe. They have 5 business days to forward your dispute to the furnisher and 30 calendar days to complete the investigation. Once that's passed and the furnisher has not responded, they must remove/update. [Edit by Swede on Thursday, January 9, 2003 @ 10:29 AM] Link to comment Share on other sites More sharing options...
Jackal Posted January 9, 2003 Report Share Posted January 9, 2003 I have had several not respond after three letters. I sent two a settlement letter, they got back to me real quick. Link to comment Share on other sites More sharing options...
Anonymous Posted January 9, 2003 Author Report Share Posted January 9, 2003 In my state of Texas, the Texas FDCPA says that a CA must respond in 30 days even if it is only to say they need more time to investigate. But I haven't been able to find out what the penalties or remedies are in this situation. I sent a second validation letter to a CA response that was way past 30 days, was only a printout/summary, and also aked them to verify being bonded in Texas which is required, but no response yet. I'm also not sure how state and federal laws affect each other, but I'm meeting with attorney to discuss this and many other issues. My point is there may be a law in your state that requires 30 day response even though federal law doesn't. Link to comment Share on other sites More sharing options...
Jackal Posted January 9, 2003 Report Share Posted January 9, 2003 I am also in Texas. My problem is all of my accounts are out of state. For sertvices or whatever out of state. Havent been able to find out whether or not the Texas FDCPA applies. I know they have to have a bond if I live here though.But I never get an answer about the bond thing either. Link to comment Share on other sites More sharing options...
Anonymous Posted January 9, 2003 Author Report Share Posted January 9, 2003 I'm meeting with my attorney tommorow morning to discuss alot of these issues. I've been writing down questions the last few days as I think about them. If I get some answers I will post them tommorow afternoon. Link to comment Share on other sites More sharing options...
Anonymous Posted January 10, 2003 Author Report Share Posted January 10, 2003 So after I have sent them (CA) numerous letters and they still fail to verify, I cannnot ask the CRA to delete it for the CA not responding to my validation? Link to comment Share on other sites More sharing options...
cookiemnster Posted January 10, 2003 Report Share Posted January 10, 2003 <blockquote>Originally posted by Happy2BeHereSo after I have sent them (CA) numerous letters and they still fail to verify, I cannnot ask the CRA to delete it for the CA not responding to my validation?</blockquote>You can ask - send copies of your letters and certified receipts/cards, some have said it works, others have said it doesn't. Luck of the draw, it seems.You can always ask They can always say no. Link to comment Share on other sites More sharing options...
Anonymous Posted January 11, 2003 Author Report Share Posted January 11, 2003 what if they verified it to the CRA while I was disputing it with them? Someone said they cannot verify a debt with the CRA if I have requested validation. Also what to do if I recieve a collection notice after the CA has recieved a debt validation letter? Isnt that a violation? Thanks Link to comment Share on other sites More sharing options...
cookiemnster Posted January 11, 2003 Report Share Posted January 11, 2003 <blockquote>Originally posted by Happy2BeHerewhat if they verified it to the CRA while I was disputing it with them? Someone said they cannot verify a debt with the CRA if I have requested validation. Also what to do if I recieve a collection notice after the CA has recieved a debt validation letter? Isnt that a violation? Thanks</blockquote>No, they can't verify without noting on your report that the account is in dispute by the consumer . That's where most of them mess up. If you get a collection notice after you've requested validation, that's continued collection activity and is a violation of the FDCPA. Link to comment Share on other sites More sharing options...
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