Letter Forcing CRA to Supply Proof of Validation?

[asylum23]

Hello, can someone please point me to the correct letter to force the CRA's to supply me w/ PROOF that I owe on a collection account? So far the debt came back validated, but they have not proven it. And they validate it within about 2 days, so I'm assuming the CA is just telling them it's validated, not supplying them any documentation.

In addition, the CA that is calling me I have sent 3 validation request letters to them, on time, they signed for them. They ignored all 3. I have since reported them to the BBB, ACA International and the NV attorney general, all of which seems to have not helped at all. They continue to call me daily and report it on my credit report. So I'm at my wit's end w/ what to do but demand proof from the CRA's.

Thanks for any help!

[Ahntara]

I'm certain that someone can direct you to a form letter demanding proof from the CRA's, the CA's and Santa Claus. That doesn't mean it will be successful.

CRA's don't prove anything. When something is disputed, they electronically request verification (in code) from the Data Furnisher. If the DF responds in the legally-allowable time period, the item gets updated to reflect the results of the verification (that you requested). If the DF doesn't respond in time, the entire TL gets suppressed.

CRA's never have and never will deal with the Nature of your dispute with their client, the DF. You have to go to the DF to request validation, 'proof' and to straighten out any other issues. The CRA's are only repositories for the info.

[asylum23]

Thanks. I was told to sue the CA/data furnisher as a last resort. B/c they obviously can keep illegally attempting to collect and report it on my credit reports and not follow the Fair Debt Collection Practices Act. Sending letters to them and making complaints has resulted in nothing. I know there are no credit police that really enforce this.

Do you recommend that I sue the CA? I know it's only for a $1,000. Thanks.

[Ahntara]

What is the basis of your suit? What is illegal about their collection efforts or reporting? Providing more detail may allow us to guide you.

Personally, I don't subscribe to the 'sue your way to good credit' philosophy. So, no, I wouldn't recommend that. But many do and have sued with good results. It's not for the faint of heart. You have to have all your T's crossed and your I's dotted. The language of your post suggests that you need a more thorough understanding of credit reporting, the laws and potential violations, and the court system before you proceed. That's where I'd suggest you begin. There are stickies at the top of the page. If you haven't yet, you may wish to begin by printing the FCRA and FDCPA out and reading them, highlighter and tabs in hand.

[asylum23]

This has been going on since Sept.

3 times I requested validation from the CA, the first w/in 30 days of them calling. B4 the CA ever stated calling me, they had already put this on my credit report.

They haven't mailed me anything, no proof they bought the loan, no nothing, they ignored all of my letters. So by doing that and continuing to call and report it on my CR, they are violating the FDCPA. Also, when I have answered, they call from various numbers, they do not know how much I owe, deny receiving my letters, and have my correct address.

I have read thru the guidelines on this page. So if I don't force them for validation and I don't sue them, then WHAT exactly do I do? B/c no one has supplied me w/ a single shred of evidence of this account and I am now denied any and all credit that I apply for. Thanks!

[LoveToGod]

Hello, can someone please point me to the correct letter to force the CRA's to supply me w/ PROOF that I owe on a collection account? So far the debt came back validated, but they have not proven it. And they validate it within about 2 days, so I'm assuming the CA is just telling them it's validated, not supplying them any documentation.

There are some links at the top where you can click on debt validation, etc.

There are a couple of issues here. The CRA does not do do debt validation. Only the CA is required to do so. They only thing you can ask the CRA for is Method of Validation, and there is a letter for that, but I have not had any success with that. All they do is tell you that they use a computer system, and if you don't like the results to contact the creditor. It's not real helpful.

Question. How long ago the CA send you a notice? If it is outside of 30 days they may not be legally required to respond.

But that is okay. If they are not required to respond then instead of sending them a debt validation letter, send a letter like you would send to the original creditor. See the link at the very top. They have to respond to that within 30 days, even if they don't have to validate.

I live in Texas, and they have to validate anytime we ask. You might want to Google your state laws and see if Nevada has this provision. If it does site your state laws and send another one.

You have sent those letters certified return receipt, right?

In addition, the CA that is calling me I have sent 3 validation request letters to them, on time, they signed for them. They ignored all 3. I have since reported them to the BBB, ACA International and the NV attorney general, all of which seems to have not helped at all. They continue to call me daily and report it on my credit report. So I'm at my wit's end w/ what to do but demand proof from the CRA's.

Thanks for any help!

If you have proof that they received the letters, then you have them on violations. You might use this as leverage to get what you want.

You can also send them a cease and desist letter. Look at the links on top.

If they are reporting it, they may be in violation there. Look at FDCPA Section 809(. There should be a link to FDCPA at the top as well.

[Ahntara]

"...cease and desist..."

Make sure this debt is not still within SOL prior to sending a C&D.

[asylum23]

Hello, yes, the bill is from 2 years ago, they bought it a year ago. They started reporting it to my credit report in September. When I saw it is when I first sent the validation letter.

The CRA does not do do debt validation. Only the CA is required to do so. They only thing you can ask the CRA for is Method of Validation, and there is a letter for that, but I have not had any success with that. All they do is tell you that they use a computer system, and if you don't like the results to contact the creditor. It's not real helpful.

Yes, this is what I found. I understand now, they don't have to prove anything, they have not been helpful at all.

I sent my request for validation when I saw it on my credit report in September, right around when they started calling, so it was within 30 days. I sent 2 more letters stating they were in violation, which they also ignored. In addition, they have ignored the BBB report I made against them (they have many others for the same thing) and also the report to ACA International, who told me I would be receiving a response directly from the CA, which I did not.

But now, correct me if I'm wrong, cease and desist will only stop their calls? Not remove them from my credit report? Thanks!

[TTigggers]

Hello, yes, the bill is from 2 years ago, they bought it a year ago. They started reporting it to my credit report in September. When I saw it is when I first sent the validation letter.

Yes, this is what I found. I understand now, they don't have to prove anything, they have not been helpful at all.

I sent my request for validation when I saw it on my credit report in September, right around when they started calling, so it was within 30 days. I sent 2 more letters stating they were in violation, which they also ignored. In addition, they have ignored the BBB report I made against them (they have many others for the same thing) and also the report to ACA International, who told me I would be receiving a response directly from the CA, which I did not.

But now, correct me if I'm wrong, cease and desist will only stop their calls? Not remove them from my credit report? Thanks!

Did you send your letters CMRRR?

Did they mark the TL disputed?

"But now, correct me if I'm wrong, cease and desist will only stop their calls? Not remove them from my credit report?"

No, it will stop all of their collection efforts.

Yes the TL will remain on your CR.

It within the SOL a "cease and desist" letter may very well lead to them suing you as this would be the only option that they would have left.

[asylum23]

So if I want it off my credit report, do I sue the CA? Since nothing else has worked?

[TTigggers]

What were the responses from the AG and BBB?

Did they mark the TL as disputed?

If they did there is no Violation to sue for.

Can you prove that they continued collection activity?

[Ahntara]

Read the FDCPA (it's pretty short) for the definition of C&D. Print it and highlight that portion. Read it aloud until you understand it. If you exercise your right to extinquish all contact they have little choice but to sue you on a debt still within SOL. {Everyone see that we've warned 3x?}

"...two more letters stating they were in violation..."

What were the violations? Which law? Do those portions of the law have a private right of action? If they know they haven't violated, don't care or that you can't sue them would'nt they be foolish NOT to ignore those letters? What court (district or circuit) would you be bringing suit? Have you retained an attorney or are you going Pro Se?

C&D won't have any bearing on your CR. It concerns their contact with you. Credit Reporting is conducted under the FCRA.

"...I want it off my credit report..."

Oh, if only it was that easy. *eyes glaze over*

Accurate, derogatory data may appear on your CR for 7 years plus 180 days from the beginning of the delinquency immediately preceding the charge off/collection. That's my mangled misquote of the FCRA Title 15 USC 1681c, Subsection 605. There's also great FTC published opinion on this section. Before you do anything, educate yourself.

[asylum23]

Doesn't it say on these boards, if the CA does NOT validate to the person they are trying to collect from, they can not continue trying to collect or reporting it on you credit report??? That is what I am talking about.

Yes, I can prove they are continuing collections, they call me every day. And it's still on my credit report.

I know they do not have to validate w/in any time frame, but I thought if they did not, they had to STOP their collection efforts?

And if they continue, then I can sue them for $1,000. So if they did try to sue me for this supposed $200, I would file a countersuit anyway. For continuing collection efforts and reporting it on my credit report.

NV Attorney General and BBB have it sitting in limbo, they forwarded the complaint to the CA. Who then ignored it. So the BBB is shown as a pending complaint. Same w/ the ACA International.

[lovebug5]

You're throwing around threatening suit against this CA based upon violations that you claim to have, yet you do not understand enough of the FCRA or FDCPA to explain those violations. This mentality, unfortunately, is what gets so many people into trouble. Bring a frivolous suit against a CA, chances are they'll slam you back and hold you liable for all of their attorney's fees...Court costs...Etc.

[hasas13]

I agree with all of the above comments. These people know. Learn, read and keep on reading. Most people here learn and ask and keep on asking and also research on their own. There is a lot of knowledge here to learn from. Take your time. Sometimes it get so frustrating, stay cool and learn. Get organize and organize your mind.

[asylum23]

So then what is the next step??? That is why I'm here, asking what to do next...

[hasas13]

Take time and re group your knowledge. Read and learn the FDCPA and the FCRA.

[asylum23]

Well I'm not a lawyer, I came on here for advice. Re-reading legal documents is not going to be helpful.

[hasas13]

There are some that are lawyers but most of us are not lawyers. We just come to learn and do the same thing that you are trying to do, low how to clean up our credit. I have to say the best way is to read and learn the FDCPA and the FCRA. It is not hard plus it is good info for you and others that you may want to help. If you can research the FDCPA & FCRA then you know what your rights are.The lawyers here will assist you. Open your mind and be passive with one to other here. Everyone is on your side. This takes time.

[TTigggers]

Well I'm not a lawyer, I came on here for advice. Re-reading legal documents is not going to be helpful.

If you read it and there is a part you don't understand ask about it.

Just rember that many will give opinions where others will state the law.

Read listen and learn thats how it works.

[Ahntara]

"Doesn't it say on these boards..."

Probably does...say what you've gotten out of it and much more. Can you post a link or a specific quote from someone? You may have misconstrued, or perhaps the post itself was in error. No one here is perfect. We all type on a keyboard, trying to convey our thoughts. There are definitely lurkers who deliberately want to deceive readers. But most of us are genuine in our intent, truely want to provide accurate info, but fall short in vocabulary. That's why we refer you to the law. It's not THAT difficult to read, especially when you read it over and over. It was written by Congress, after all. All due respect, but they're not rocket scientists. If they can write it you can read it, believe me.

*feels a flame coming on*

Validation is a big issue. There's lots of info here about it. The truth is that what constitutes 'validation' and 'proof' is not cut and dried. Many consumers have copied, plagerized, copied, translated, then copied again some letter on the internet which demands original signed documents, etc., etc. This laundry list is not based on the law. Most CA's know this. They've been reading versions of these letters for about a decade and a half. They probably already know what the law actually does say. These items are not required and no one is gonna make them prove anything until in a court of law, if AT ALL.

"...Re-reading legal documents is not going to be helpful."

I think you are so wrong about that one. But it's your decision.

"...what is the next step..."

It might seem desirable to have the steps laid out for you like a grocery list. However, most situations are unique to you. Following generic advice and steps is not in your best interests. An excellent example of this is C&D. If you read the definition of C&D in the law, you begin to understand WHY it's not good to send a cease letter on debts within SOL. SOL is a variable also, varying not only by location (it's state law) but also by account type. Always research YOUR state's laws YOURSELF. I've heard that even this site links to inaccurate info.