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Disputed a CA account on my CR and the CA just updated

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Are you in possession of the signed green card?

If so, my suggestion would be to send the CA a clearly worded letter indicating that they are in violation of the FDCPA (cite appropriate section, etc.) for engaging in collection activity (i.e., reporting to one or more of the credit bureaus) while in receipt of a DV request and without having complied with the DV request. Give them a final warning and 15 day time period to validate the request.

Here is a second request letter I recently sent. You will need to modify this to fit your situation - I sent it for a different reason - the CA was calling and leaving messages. Your CA reported. Again, please modify this to fit your situation.

You must also remember that DVs must be timely in order to enforce the FDCPA. If you've received dunning letters and just ignored them, then the usual rules do not apply to my understanding.


This is your second notice that you MAY NOT continue to call me until you provide the debt validation requested below, and originally on January 26, 2008. I continue to receive daily phone calls from your company. On January 26, pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (B), I notified you that any claim of MCG is disputed and validation is requested.

For the second time, I request: (1) an explanation of what this purported debt is for, (2) the name of the original creditor, (3) copies of any statements, bills, or contracts from the original creditor which show I agreed to pay the debt you are attempting to collect, as well as (4) proof that this alleged debt is not time-barred by state and/ or federal statutes.

As you are aware, collection activity must cease and desist during the validation period, and you must accurately and thoroughly comply with this validation request within 30 days of receipt of this letter. You have already violated the FDCPA by continuing to call my home during the validation period, which started when you received my first validation request on January 30. If any action is taken during subsequent to this second request which could be considered detrimental to any of my credit reports, I will consult legal counsel and pursue all damages to which I am entitled. Detrimental actions include any listing any information to a credit reporting repository that could be inaccurate/invalid or verifying an account as accurate when in fact there is no provided proof that it is.

I am also requesting that, effective immediately, AND FOR THE SECOND TIME, that no telephone contact be made by your offices to me at any location, including my home or place of employment. Contact includes any telephone communication with me, including but not limited to computer generated calls, and calls or correspondence sent to or with any third parties. Please direct all communication to me via the U.S. Postal Service. Failure to cease and desist with all collection activity, including phone calls, during this period, will constitute a violation on your part of the FDCPA, for which I will pursue legal remedies. Please give this matter your immediate attention.


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