Sign in to follow this  
Anonymous

CA's validation joke!!!

Recommended Posts

I just received a "validation" from BellSouth's CA stating that they had once again "reviewed their records" and that I am responsible for payment. This is the first letter back from them that does NOT say that were resuming collections, so I think they are dropping it but I can't be sure. I can't resist sending a letter back saying that if this was legal validation that I had "reviewed my records" and feel that Bellsouth owes me $$! Anyway, I need to apply for a home mortgage in about 30-45 days so time is a little short. Should I along with my response telling them that they are in violation of the FDCPA if they continue to persue collections, ask for a statment in writing that they agree to remove the listing??? Also should I go ahead and dispute with Equifax? I have recently sent two disputes to them and don't know if it's wise to sent this so quickly. If I do should I send Bellsouth's response letter of "validation". I know you cover all this info. in the description of debt-validation but time is the key element in this situation and I need to know that this is settled. Thanks!!!!!

Share this post


Link to post
Share on other sites

Due to the time you have I would send another letter to the CA and inform them that they have failed to validate the account and to delete any trade lines from your credit report as required by the FDCPA. Inform them if you don’t receive a letter stating the account is being deleted from each CRA by (such and such date), you will proceed with legal action to protect your rights. You’ll need the letter stating the accounts will be deleted because it could take up to 45 days for the CRA’s to update your report.

In my opinion they will continue to collect on the account. Until you confirm they are deleting it, continue the process.

At the same time, I would send a letter to each CRA and inform them that the collection agency failed to validate this account and to delete the trade lines being reporting illegally. It’s ok to send another letter because you are providing new evidence. Send what the collection agency sent and a copy of the certified receipt if you have it.

Share this post


Link to post
Share on other sites

Lol, great idea -- maybe you could put an entry on Bell South's credit report that they have a collection account with you.

I believe that if they didn't send you a copy of anything they have that proves that this is your debt then they have not validated it. Therefore, they are not allowed to continue reporting it to the CRAs. If I were you, I would write them another letter telling them that since they have not validated the debt, under the law they are not allowed to report it to the CRAs (and quote the applicable section of the law so they know that you know what you are talking about), and that if they continue to do so, you will sue their asses :p I would wait until you get the card back, so you know they received it, and then dispute to the CRAs.

P.S. wclewis beat me to the punch with his post -- I like his )or hers, as the case may be) answer better

[Edit by herauntsis on Friday, July 5, 2002 @ 08:49 AM]

[Edit by herauntsis on Friday, July 5, 2002 @ 08:50 AM]

Share this post


Link to post
Share on other sites

Your rolling! It's he. :)

Share this post


Link to post
Share on other sites

Thanks everyone for your help!!!!! I'm writing letters fast and furiously to get to the post office today!! Wish me luck!!

Kathy

Share this post


Link to post
Share on other sites

Well jordanmorganusa the story continues!!! The reason I don't fax is for the paperwork trail. This wonderful CA upon receipt of my 1st letter requesting validation, called and left me a message to call them. I immediately sent a certified letter telling them thanks for trying to reach me but the info. I need has to be in written form. Wellll that was weeks ago and I am still waiting on my little green paper to be returned. So I think they are not accepting mail from me anymore. That's O.K. too, just more ammunition! I guess I could fax the CRA's but I just love standin in line at the post office, filling out all those fronts & backs of cards and then paying all those $$$$$$ Ha-Ha!!! Thanks everyone, this could even prove to be fun!!! I'll keep you posted.

Share this post


Link to post
Share on other sites

I always send my first communication certified and fax it. This way it speeds up the process and it provides me proof in needed. :)

Share this post


Link to post
Share on other sites

That is why I fax. It doesn't really cost anything. Plus they can't know when you're going to send it. At the beginning of all of this, someone told me something that made sense. If you send something FedEx or CMRRR, you can prove you sent something, but WHAT? Faxes scan the page, can tell how many pages, how long it took to go through, what time you sent it, etc. If they run out of paper(even an archaic one), when they put more paper in the fax prints. They can even reject the CMRRR. Yes, it says that they rejected it, but if you get some stick in the mud judge that didn't get his Geritol, you'll be up you-know-what's creek. I have a wonderful paper trail for court. What business that knows what the hell they are doing doesn't check their faxes? But as long as you burn their asses, who cares? If you ever need backup, I'm here. :D

[Edit by jordanmorganusa on Wednesday, July 17, 2002 @ 09:40 PM]

Share this post


Link to post
Share on other sites

Jordanmorganusa,

Can you please post the fax numbers you are using for the CRA's? I would like to try faxing too! TIA!

:D

Share this post


Link to post
Share on other sites

JACKPOT! Thanks for the fax numbers.

I am still missing 2 of my CR's. I have an entry that I would bet next Monday's lunch on that is on the other CRA's. Anyone ever have luck with disputing something in the blind? Good or bad idea?

~kimber :D

Share this post


Link to post
Share on other sites

I vote neutral. If it's there, they validate. If it's not, they write you back saying "we need more info". (but I would rather know if it's there or not).

Share this post


Link to post
Share on other sites

Stupid question from a newbie....when you say "validate tradeline notations" does that mean the entire account, or just the late payments/derogatory remarks?

Share this post


Link to post
Share on other sites

Just an update. No response from my second letter requesting the CA send a letter agreeing to remove the listing. It's only been 2 weeks but since I failed to notify them of the intent to file suit in that letter, the last letter is going out today with a final request to remove the listing, or I will file suit. I checked my credit report today and after 4 wk's time it is still being reported. I'm finally pissed! And I will file suit if necessary!!!! Plus I sent the 3 bureau's a letter requesting that they verify a 60 day late from Countrywide and they responded with now a 30 day plus the 60 day. One step forward and two steps backward. I was going to apply for my new mortgage next week as my current house is on the market. Can you say homeless???

Share this post


Link to post
Share on other sites

HELP! HELP! HELP! I received a letter from the CA (specifically a partner in the law firm) informing me that: "BellSouth has verified your debt as being valid and due and owing. This is a commercial account, as you may know not subject to the FDCPA. BellSouth has asked us to continue collecting on this account. Based on BellSouth's representation to our office, I cannot remove this account from your credit report(s).

IS THIS TRUE THAT COMMERCIAL ACCT.'S ARE NOT SUBJECT TO THE FDCPA? What now? I have not yet heard back from the BBB, & Equifax has "verified" the debt. This CA has been totally professional and has not stepped out of line even once which leads me to believe I have reached a dead end. This idea of Commercial acct.'s is new and all our members need to be made aware if it is true. ( This was a business phone line). Thanks

Share this post


Link to post
Share on other sites

kathy,

I think they are right:

§ 803. Definitions [15 USC 1692a]

As used in this title --

(1) The term "Commission" means the Federal Trade Commission.

(2) The term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium.

(3) The term "consumer" means any natural person obligated or allegedly obligated to pay any debt.

Business debts are exempt. Sorry.

Share this post


Link to post
Share on other sites

Hello all.

I have a question for Admin...I am referring to member Kathy's entry regarding Commercial Account.

I had a Corporation in 1995, However the business went sour and it was closed (no formal desolution of company). Needless to say there are a number of outstanding account, BellSouth, Bank Line of Credit, Kentwood, etc.

Some have not shown on my CR's. Should I open this can of closed worms or let sleeping dogs lie?

I have been gathering my credit reports but was blocked out of Trans Union because of some missed information. Should I wait for the final report or start sending letters?

Share this post


Link to post
Share on other sites

I have heard people say that before, that they were blocked out of a certain CRA. What does that mean, and how and why do they block you out?

Share this post


Link to post
Share on other sites

It is a security precaution. If you enter some verification answer that does not coincide with their database, you're blocked from receiving an online credit report. However, you can receive one via usmail.

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this