Collection reporting question!!!

[spango]

Hello,

I recieved a letter from a ca the first of the month saying that I had 30 days to send them a letter requestion validation, etc, etc, so I did that. Their letter is dated 8-29 and I recieved it 9-1, as we are still in the 30 day window, although I sent them a letter first class, with return receipt they still reported me to the credit bureaus. Please someone tell me that this is wrong so I can open a can of whip a$$ on them!!!!!! Thanks in advance for everyones input!

[swirlgirl]

CAs can report to the credit bureaus at any time. This is usually stated in the original agreement as well as the correspondance you've received for late payments, default, etc.

[smurfette in nyc]

A CA CANNOT simply report to the CRA's at ANY time!!!

Spango-if you sent them a timely DV, the CA must verify and validate the debt within 30 days, or else they are in violation of:

FDCPA Section 809. Validation of debts [15 USC 1692g]

( If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

Please remember that reporting negative info to the CRA's is considered collection activity!

Please follow this link for more info:

http://www.creditinfocenter.com/rebuild/debt_validation.shtml

[LUEser]

Smurfette, you're forgetting the rest of that statute, which builds an even stronger case.

Collection activities and communications that

do not otherwise violate this title may continue during

the 30-day period referred to in subsection (a) unless the

consumer has notified the debt collector in writing that the

debt, or any portion of the debt, is disputed or that the consumer

requests the name and address of the original creditor.

Any collection activities and communication during the

30-day period may not overshadow or be inconsistent with

the disclosure of the consumer’s right to dispute the debt or

request the name and address of the original creditor.

This part specifically bars not only collection activity, but communication as well. And no doubt reporting is commuincation as defined by 803.

Double whammy.

[nascar]

although I sent them a letter first class, with return receipt they still reported me to the credit bureaus.

You didn't mention when they received your letter and whether you have evidence that the CA furnished information to the CRA after they logged your dispute into their system.

If the CA alleged that they reported your info the the CRA the same time the letter was sent to you, would you be able to prove otherwise?

I agree that reporting is collection activity, but your next step needs to be a dispute with the CRA.