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Sent the DV, Got a Response...Now What?


CantCU
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I have been fighting with a collection agency for some time now...after finding this site I sent the DV. They responded on 1/31/07, "We are attempting to 'verify' your dispute and would appreciate any documentation you have...blah, blah, blah". Somewhere in these posts, I think I saw about not responding as this might re-age the debt, but I cannot find it now. They are already reporting it incorrectly to the CRA's.

Since it has now been over 30 days since they sent me this letter, what is my next step? Do I write the CRA's and say this CA cannot 'verify' so remove it? Or do I write to the CA and tell them that they should remove it? Any sample letters I can use?

Sorry, I've been reading so much that I have overwhelmed my brain! :wink:

Joan

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They are stalling. If you identified yourself and the account they referenced in their dunning letter as part of your DV notice that is all you are required to do. The fact they say "We are attempting to verify..." (emphasis added) is sufficient to show they have not properly responded.

Basically, until they provide you with an accounting of the debt, provided by the original creditor (not from their own records) and forward it to you with a full explination of how they reached the sum total they are attempting to collect, they can do nothing more to you. They cannot call you. The cannot send any more dunning letters asking for payment. Nada. If they do, they are breaking the law and you may take legal action to protect your rights under the law.

As for your question regarding reporting. They are already in violation of the FCRA. As soon as they got your DV letter, both the FDCPA and the FCRA required them to tell the bureaus that you had disputed the debt. The FCRA further required the CA to investigate your dispute and report the findings of that dispute to the bureaus within 30 days. If they could not verify the legitimacy of the debt within that time frame, the CA is required to tell the bureaus it can't verify and to delete the record.

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I did dispute with CRA's...it is currently showing in my report as "disputed, meets FCRA guidelines". This dispute was done as soon as I CV'd the CA. But they have not removed it and it's been shown "disputed" since January. I'm thinking I need to send a follow up letter to the CRA's since they have not removed it from my report, and the CA has gone beyond 30 days without validation. I can send the letter the CA sent me as proof that they cannot validate. (or in their words, verify).

Joan

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The CA doesn't have 30 days to do anything except respond to the CRA in response to your dispute. The CA must cease all collection activity (including reporting) if they receive a timely DV request. Timely meaning that you sent the DV within 30 days of initial contact.

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This is an old CO but I didn't know about the DV back then. It's on my report and the DV was not sent within the inital 30 days. I simply disputed it with the CRA, they took it off and I thought no more about it. It then reappeared, same CA, and they re-aged it, but saying they had had it since 2005. So at this time, I did send the CV and got the response.

I also have a 6 year SOL in my state. The CA has reported to 2 CRA's, but it has shown back up under the OC in one of the CRA's. I'm thinking that it might be because they caught the CA trying to re-age it?? There is so much that the CRA just doesn't tell us, isn't there?

Joan

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Sorry Dive, but if you use the word "dispute" in your letter to a CA, they are under a 30 day clock.

As I said above, the FCRA and the FDCPA require the CA to report the item as disputed to the bureaus. Further the FCRA requires that the CA begin an investigation into the correctness of what they are reporting and to finish it within 30 days reporting the results both to the consumer and the bureaus. Any CA that fails to report the tradeline disputed is in violation. Any CA that leaves a tradeline in dispute on a consumer report for more than 30 days is also in violation. Perpetual dispute is illegal. Any CA that fails to report the results of the investigation to the consumer within 30 days is in violation.

Need I say more?

For the OP. Collectors cannot "re-age" an account. It is illegal for them to represent that they can. Only the original creditor can re-age an account and that process involves the OC reopening the account under a workout agreement and then returning it to current status after they have collected 4 consecutive minimum payments under that workout plan. Since a CA cannot reopen the account or return it to current status, they cannot re-age it.

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So, in other words, I can write the CRA's and they have to delete, since I have a letter from the CA saying they are attempting to verify dated 1/31/07 (45 days ago) and it's still under "dispute" on my credit reports? That is what I thought I could do since they did not verify it within 30 days.

Now once it's off...does it have to stay off? They've re-reported me once. I don't want it to happen again. I do have all my reports printed now so that if they do, I'll fight tooth and nail!

Joan

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Ok, I am reading all this stuff again, and now I am really confused. Looking at my EQ report dated 2/7/07 in which I disputed the OC, it says it was "verified"; should I have any questions, that I should contact CA. This is the same CA that I have the letter dated 1/31/07 that says "they are still attempting to verify".

I did not think that a CA could report negatively for the OC yet I have it right there on my report! Can someone help me find where in the law that this is not possible? I need to respond to EQ, and soon; they say 60 days.

And back to my original question, should I write the EX and TU and dispute the CA since I have a letter dated 1/31/07 that says 'attempting' but nothing since?

Thanks again!

Joan

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