Collection agency name

[mentalcompass]

I purchased my reports from MyFico; it does not list the name of the collection agency. I disputed the negative items but it came back verified. What letter should I send to the agencies asking that they reveal the name of the collection agency. I can seek debt validation from them if I knew who they were and where to write. How they can report a collection account if they refuse to reveal their name. Is this a new trend or something ?

[flash2010]

I would tell them that they are violating "provisions" of the FCRA. Look at section 607(, Accuracy of the report. They are subject to section 616 Willful Noncompliance, but I wouldn't mention that in the first letter. Also call the FTC (977-382-4357) and seek advise.

Follow this example letter

December 6, 2010

Sent Via Certified Mail, Return Receipt

Equifax

P.O. Box 740241

Atlanta, GA 30374-0241

To Whom It May Concern:

There is a negative being reported on my credit file in the amount of $XX from an unknown creditor. Under provisions of the Fair Debt Collection Practices Act (FDCPA), I have a right to validate any alleged debt. This debt has not been validated. The creditor reporting of this debt is in violation of the FDCPA, 809. § 1692g(, which states they are not allowed to report debt that has not been validated. I have confirmed this with the Federal Trade Commission (FTC)

Since this debt has not been validated, it cannot be reported and therefore it must be removed from my credit file. The Fair Credit Reporting Act states that I can sue anyone for $1,000 damages for each violation of the Act.

I am demanding the immediate and complete removal of this entry from my credit report. As I am currently attempting to apply for credit, time is of the essence. Please be advised that if this matter is not resolved, I will take any and all necessary steps to protect my rights.

The items to be removed from my credit report are listed as follows:

XXXXX (the account number referenced on the report if any)

Sincerely,

Your Name

Your address

Your Social

[BV80]

The creditor reporting of this debt is in violation of the FDCPA, 809. § 1692g(, which states they are not allowed to report debt that has not been validated. I have confirmed this with the Federal Trade Commission (FTC)

Where exactly does it state a debt cannot be reported unless it's been validated? The section of the FDCPA which you cited refers to a consumer's request for validation. It mentions nothing about credit reporting.

[flash2010]

Section 809( of the Fair Debt Collection Practices Act.The statute requires that the debt collector obtain verification of the debt and mail it to the consumer. Because one of the principal purposes of this Section is to help consumers who have been misidentified by the debt collector or who dispute the amount of the debt, it is important that the verification of the identity of the consumer and the amount of the debt be obtained directly from the creditor. As stated above, the statute requires the debt collector, not the creditor, to mail the verification to the consumer. Both the CA and the CRA is in violation, because the CA didn't vailidate and the CRA is not providinf accurate information, ie the CA name.

[BV80]

The statute requires that the debt collector obtain verification of the debt and mail it to the consumer.

The statute states that validation is required when and if the consumer requests validation. It does not state that a CA or JDB, upon receipt of a debt, obtain validation and mail it to the consumer when the consumer has not made a request.

...it is important that the verification of the identity of the consumer and the amount of the debt be obtained directly from the creditor.

Yes, that is important, but the FDCPA does not require it.

The FCRA, on the other hand, requires that correct information be obtained from the OC.

Both the CA and the CRA is in violation, because the CA didn't vailidate and the CRA is not providinf accurate information, ie the CA name.

The FDCPA only applies to debt collectors. It does not apply to CRAs.

[BV80]

MentalCompass,

Your credit reports should include a list of your rights. For instance, Equifax states that you have the right to dispute incomplete and inaccurate information. It also states that CRAs must correct or delete inaccurate, incomplete, or unverifiable information.

If you have your Equifax report, go to the section that lists your rights, and send them a letter stating those rights verbatim.

[flash2010]

I fully understand the difference between FCRA and FDCPA. Someone is reporting a tradeline on the CRA report. The CRA is bound by the FCRA to identify who the CA is. Since they have not done that they are in violation of provisions of the FRCA.

The CA cannot report anything to a CRA if they have not validated the debt, so they are in violation of the FDCPA.

I suggested in my first response that the individual call the FTC for advise.

Your responses have all questioned my suggestions which I thought were accurate. Instead why don't you give this person some advise that will help.

I just started researching this stuff and I am no expert by any stretch. You seem to know a great deal, so help out here.

[BV80]

I did give some advice. I don't pretend to know a great deal. I simply pointed out what I perceived to be misinterpretation of the FDCPA.

I fully understand the difference between FCRA and FDCPA. Someone is reporting a tradeline on the CRA report. The CRA is bound by the FCRA to identify who the CA is. Since they have not done that they are in violation of provisions of the FRCA.

Since you did not mention the FCRA, I assumed you were implying the CRAs were in violation of the FDCPA. I apologize.

The CA cannot report anything to a CRA if they have not validated the debt, so they are in violation of the FDCPA.

I believe that you are mistaken. Please point out the exact statement in the FDCPA that states a CA cannot report unless they have validated the debt. If I am wrong, I will say so, and I will have learned something new.

Edited December 4, 2010 by BV80

[flash2010]

BV80,

Section FDCPA 809( states that the CA must cease collection activity. Reporting to CRA is considered by the FTC as collection activity. Therefore the CA cannot report to CRA. Maybe I am not interperting 809( correctly.

809(....the debt collector shall cease collection of the debt, or any disputed portion thereof until the debt collector obtains verification of the debt...

[BV80]

I understand what you're saying. I agree they should not continue to report before validation is completed. BUT, if their TL was on the CR before the consumer requested validation, the TL will still be on the CR. They do not have to remove their TL. They simply don't update it (report again) until validation is completed. They must also report the debt as disputed on the CR.

[flash2010]

BV80,

The CA cannot report TL to the CRA unless they notify consumer beforehand. I don't think that happened in this case with mentalcompass.

Who are you referring to with your statement, "They must also report the debt as disputed on the CR"

[BV80]

The CA cannot report TL to the CRA unless they notify consumer beforehand.

I agree. But the problem with that is it's your word against theirs. You can claim they didn't notify you beforehand, and they can claim they did.

"They must also report the debt as disputed on the CR"

If you've disputed with the CA, they must report it as so. If you dispute with the CRA, they must do the same.