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Help! Is this a Violation??


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I'm new and appreciate all the information on this site! It is awesome! I just started the repair in Feb'05 and I have already gotten 14 deletions so far! A few CA's just deleted after I DV'd them and it was great! :D

I have just run into problem here: :shock:

If a collection is placed on your credit report without the CA sending you a notice FIRST -(the mini-miranda rights) - Is this a violation? A collection just appeared on my reports in Feb '05. and I never received a notice from them. :( I have DV'd them and they informed me that they purchased this in Dec '04. They also sent me a Fingerhut printout of merchandise I ordered but nothing with my signature. The balance is $979.

What should I do? Should I send a letter saying that:

(1) They violated - (if they did)

(2) They didn't validate properly

(3) Cease and desist because it is past the SOL anyways before they bought the account

(4) Also tell them to delete in 5 days or I will sue for their violation $1,000?

Thanks in advance for your help! - I hope someone responds.

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The problem here is that they don't have to prove you got the letter. They dont have to prove they even mailed it. All they have to prove is that they have reasonable procedures in place to ensure notices get mailed and the court then allows them to presume that you got it.

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