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How long can CA not respond to a debt validation request?


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(I realized I posted this msg in a wrong area, therefore I hope I'm getting it right this time? Sorry)

I rec'd my green card in the mail from the CA. The OC was Wachovia on my CR (this OC was due to come off in 4/06according to last years Experian report). I disputed this CA entry thru Experian again.

Question is: How long can the CA ignore the validation request. I dont' care if it takes a few months, but I do want it deleted b/c I plan on buying a house next year.

Experian deleted the OC Wachovia acct. on their own, b/c I know I didn't request an investigation into this acct since it was to come off in 4/06 anyway. I am assuming they must have tried to verify it on their own and couldn't.

Also, can the CA keep this on my report after 4/06 since the OC collection report date was to come off then. I have my CR from 2002 & 2004 & 2005: each report from the CA has different balances owed, different original credit limits, different dates opened, etc. all for the same Wachovia acct. acct was sold by Wachovia in 8/99. CR in 9/05 documented it as a mortgage and I disputed this b/c don't have one. They have updated again and changed most of the data again.

What can I do, if anything?

Any info. is appreciated.

Thanks,

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I must send 100 validation requests per week and in return may get 10 responses all insufficient reponses. Most CA"S clearly ignore DV'sand the ones who respond send either a print out with account number balance creditor name and a new statement demanding payment. Some will go through the process and log each step and the result from the CA and then try to sue the CA or CRA. If your objective is to get the account deleted or at least updated I suggest you send a very strong letter CMRRR to your AG, the CA and address individual letters to the compliance officer, CEO, OPerations Exec and any other brass you can find for the CA. Your letter should contain a log of each time you requested DV, their resonse if any, and list each violation of the FCRA and/or the FDCPA and state that you are prepared to take legal action. Each violation of the FDCPA/FCRA is a $1000.00 fine. So, if the account is low or lower than the amount of the violations then.... State: Your firm can avoid this legal action if you agree to settle this debt for $0.00 and delete this account immediately from any CRA you have reported this account.

PLace a _____________ and request for them to sign this agreement and return to your address. If I do not receive your signed agreement within 30 days I will expect this account has been closed as settled with your firm and deleted from my credit report.

I've had great success with these letters when collectors violate the FDCPA. I look online at the CA'a company profile and find the names, email address, fax numbers etc. when all else fails and you need to rattle some cages this works. Sometimes they delete and close other times, you get a call from some exec or higher up asking what you really want. and usually they comply.

Hope this helps.

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I will wait the 30 days as you said and do another DV letter with much stronger wording.

Can Pinnacle (the CA) keep this on my CR after 4/2006 since it was d/t to come off then anyway by Wachovia the OC. Also, how can Pinnacle keep this on my CR when there is no reference to the OC acct. on my CR anymore. It was deleted by Experian.

The charge off balance from Wachovia was $2670. (dofd 1998) when sold to another lender. I assume that lender must be Pinnacle. Pinnacle had increased this amt. to $4583. as of 8/12/05. I checked my CR again today and Pinnacle changed this balance to $4001 after my most recent dispute on 9/12 (still shows as disputed at present).

How could anyone possibly know what's correct with Pinnacle changing the data on their reporting with each dispute I've done.

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  • 3 weeks later...
Each violation of the FDCPA/FCRA is a $1000.00 fine.

sifxpert: We've been through this before. CAs are NOT fined for FDCPA violations...the debtor has to sue...and, it $1000 per suit, NOT per violation. FCRA is another matter, but again, the debtor has to sue.

As to how long a DV'd account can stay on your report...the FDCPA does not specifiy a time limit. However, it does say that once they receive your DV letter, they must mark the TL "in dispute". If they haven't done that, and its been at least 45 days from the date they received the CMRRR letter, send them another letter stating the appropriate section of the FDCPA and telling them they must remove their TL, or you will investigate your legal options. You can also send a letter to the CRAs including copies of your original DV and CMRRR and point out that the CA was unable to validate and the TL should be removed.

If they have marked the TL "in dispute", then theorectically it can stay on your reports until the do validate. However, do a search for posts by Josh_McGrath ( I think I've spelled it correctly). He has another way of dealing with them if they take too long...

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