chelleshocked Posted May 5, 2005 Report Share Posted May 5, 2005 Can a CA call me while the account is being investigated by the CRA?I disputed with the CRA on a collection account. I disputed as "not mine"The CA called me about 2 weeks after I disputed with the CRA. He said that the account is going to remain on my record for 7 years, and he wanted to know how I was going to settle it. I simply stated that I can not make any decisions about this account until I have written verification what the account is about. I did not say it was or wasn't mine. I know I should not have spoke to them at all, but I was curious what they were going to say to me.Can he do this, or should I be sending a letter right now. I have DV letter I am about to send to them anyway........should I just do that?Thanks for any and all help!! Link to comment Share on other sites More sharing options...
DocDon Posted May 5, 2005 Report Share Posted May 5, 2005 Disputing and DV'ing are two completely different animals. You're also mixing the FCRA with the FDCPA.Verifying info with the CRA's is not the same as requesting validation under the FDCPA, so yes, send the DV letter... Link to comment Share on other sites More sharing options...
chelleshocked Posted May 5, 2005 Author Report Share Posted May 5, 2005 I just wanted to verify that he could contact me during that time as it was a little unclear to me. Today was the last date of the 30 day period they had to verify with the CRA, and they verified yesterday( or validated, whichever it is called in this case . ) This is why I was waiting to send my DV letter. I didn't think I mentioned any laws in my post I just wanted to be clear that he is able to contact me before he verified with the CRA.Thanks! Link to comment Share on other sites More sharing options...
DocDon Posted May 5, 2005 Report Share Posted May 5, 2005 The FDCPA contains the verbiage that says a CA cannot continue collection activities while in possession of a request for validation. That's a law...I'm simply suggesting it would be in your best interest to read the FCRA and FDCPA (links are above), to help you better understand the process.Your DV should have been sent out long ago. Link to comment Share on other sites More sharing options...
chelleshocked Posted May 5, 2005 Author Report Share Posted May 5, 2005 Oh ok. I guess I misunderstood the process. I thought you first dispute with the CRAs to see if it gets removed that way, then start the DV process and dispute again with the CRAs when I get the green cards back in the mail Argh I guess I am going about it all wrong but the first investigations by the CRA are over today, so I will just get busy sending out some letters. They did not change any of the incorrect info anyway. I had read the laws stated above quite a bit but still get fuzzy on it, and always mix up verify and validate.Thanks! Link to comment Share on other sites More sharing options...
breathing_easier Posted May 5, 2005 Report Share Posted May 5, 2005 The usual (and best) procedure is to first send a debt validation letter to the CA. As soon as you receive your green card back (because you always want to send your DV letter CMRRR) you dispute any negative TL on your reports by that CA with the CRAs. The CA must then verify with the CRA. If they verify, before validating, then that is a violation. Oh vey, too many "v" words! Just to add on to what DD said, yes, a CA can continue collection activity even if you've disputed their tradeline with the CRA. A dispute letter to the CRA has no bearing on the CA. The CRA must respond to the dispute within 30 days. Who knows when and if they've ever even contacted the CA about the tradeline? They may finally get around to contacting the CA on the 28th day...or not at all... Link to comment Share on other sites More sharing options...
DocDon Posted May 5, 2005 Report Share Posted May 5, 2005 Just keep at it. Keep reading and asking questions - it will come to you.Just FYI... verifying incorrect information as accurate is a violation of the FCRA... Link to comment Share on other sites More sharing options...
chelleshocked Posted May 5, 2005 Author Report Share Posted May 5, 2005 I hear ya loud and clear on that one Doc Link to comment Share on other sites More sharing options...
breathing_easier Posted May 5, 2005 Report Share Posted May 5, 2005 The CA called me about 2 weeks after I disputed with the CRA. He said that the account is going to remain on my record for 7 years, and he wanted to know how I was going to settle it.I'm just curious as to why the CA would have thought such a statement would make you want to pay him? Now, if he had said that he'd agree to delete the negative tradeline in exchange for payment, now that might open up a dialog. These CAs just don't get it. Link to comment Share on other sites More sharing options...
chelleshocked Posted May 5, 2005 Author Report Share Posted May 5, 2005 I know...........that just made me want to get out the old checkbook and send the payment right then and there! LOL Link to comment Share on other sites More sharing options...
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