can experian do this?

[odjohnson3]

hello everyone. While I didn't revgister for this website up until recently, I have used it very very frequently for lots of information and education on how to repair ny credit...build credit and other information about my rights as a consumer.

recently I've began trying to clean up my credit and I read up on the one-two punch method. I went that rout and its bed. almost a month since I sent my debt validation request to each collection agency

1) AAA credit service

2) Lamont Hanley & Associates

3) RJM Acquisitions

well a week after I requested the debt validations I got back the green receipts and sent off the credit disputed to the big 3 (experian, trans union Equifax).till this day I haven't received the debt validations and I was waitn on a deletion when I received a letter from experian sayn they couldn't investigate bcuz I forgot to include my ssn...

after lookin over my letters I see that I did forget my ssn but what I did include on the letters was my credit report number from the report I got all the account information to dispute from....Can these credit bureaus really deny my dispute or is this a stall tactic...if I don't get a response from the collection agencies in the next it'll make a month since I requested...is there any other way I can request deletion based on that ?

someone please help...I was so excited thinking I was a week away from deletions....now I'm low ball discouraged...

[BV80]

CAs and JDBs are only required to respond to a DV request if that request is sent within 30 days of their first communication (dunning letter) with you. Even then, they only have to respond if they want to continue collection efforts.

If you sent DV requests because of their entries on your CR, they don't have to respond.

Regarding the ss# request by experian, it might depend on their policy. If you dispute on line and have a credit report number, you still have to provide a ss#.

[odjohnson3]

bc80 rite..I understand that..but isn't part of validation them furnishing proof that they ever even had a first communication with me...I can deny all day of them ever even contacting me..shouldnt they be required to prove this

Bloomingdale.... any idea on what my next step or follow up to experian should be, as I haven't received a lettId jus ordered a recent credit report 2 days prior to writing up my dispute. I typed it up..so it was a written dispute and altho I didn't include my social ...the most current credit report number was on the letter and it was definitely an up to date report since I had jus got it...I wid think including the report number should suffice even if they didn't have ny social. if by any chance I can still hold them to the 30 day law...any idea what my response to their letter sent about not including my social should be

[BV80]

bc80 rite..I understand that..but isn't part of validation them furnishing proof that they ever even had a first communication with me...I can deny all day of them ever even contacting me..shouldnt they be required to prove this

They don't have to prove they ever sent you an initial communication. It's definitely not required in order to comply with validation.

Some CAs and JDBs don't send an initial communication. They just report on your CR. It's not illegal. I personally think it should be, but it's not.

In your case, it appears they never sent a dunning letter. There's no law that states they have to do so in order to report on your CR.

However, I'm going by the FDCPA which is a federal statute. Check your state laws. Some states' collections law mirror the FDCPA. Other states have a few of their own requirements in regard to collection.

Edited October 29, 2012 by BV80

[odjohnson3]

ohhh ok I see...thanks for the info bro...altho it seems hard to enforce the one two punch method of there not required to send a dunning letter..the day of first communication can constantly be lied about if it ever even existed...these **** bags (RJM Acquisitions) never had a day of first communication...it was jus like...BAM...hello were here ...sitting on ur credit report...so how can a person dispute within the first 30 days not knowing they ever even existed...I guess its my fault for not being responsible enough to check my credit report every month "/

pretty messed up their first level of communication is reporting on ur credit report and if u don't catch it by the following month ur jus assed out

the other thing that's odd tho...is on the letter experian sent me...they changed my credit report number when I had jus got the report I based my disputed off of not even 2 weeks before I got this letter with a new report number. Any idea on where I can obtain information regaurding wether or not my social is required to be on my written dispute when I have another form of verification on the dispute (that being my credit report number)

[BV80]

JDBs are famous for placing a TL on your CR before ever contacting you. You're correct. They're scumbags.

The first 30 days to dispute a debt and request validation has nothing to do with your credit report. That strictly has to do with the FDCPA. The FCRA and FDCPA are 2 separate statutes. However, incorrect information on a CR can be deemed an FDCPA violation under certain circumstances because the FDCPA. That requires a longer explanation.

I don't know about the requirement of your ss number. If no one here has an answer, you should contact the CRAs and ask.

[odjohnson3]

ok so that I'm understanding this correctly, I can in brief argue that the collection agency is in violation of the fdcpa for their refusal to prove this account as being mine but continuing to report...and my credit report being the proof of their continued collection activity.

threaten to sue the collection agency in hopes of them removing the item.

as far as the fcra...I wud think they'd be in violation for continuously reporting a debt as verified when they have no way to verify if the proof doesn't exist. Am I looking at this right or can you give me a little more of an explanation. I'm kinda following the advice given on the one two punch method...but it wud seem that this cudnt work if the collection agency is not required to answer request for validation. almost seems like ud have to attempt the one two punch method as soon as u get a dunning letter or become knowledgeable about the collection...problem being...their not required to send a dunning letter and most people...like me...don't checc their credit report monthly

I'm sorry its all still a lil confusing to me..I've been reading over a lot but comprehend some but not all of both the fdcpa and fcra. Thanks again for all the info and help...im determined to get these collectors off my report

[BV80]

ok so that I'm understanding this correctly, I can in brief argue that the collection agency is in violation of the fdcpa for their refusal to prove this account as being mine but continuing to report...and my credit report being the proof of their continued collection activity.

No. From what I understand, you sent the DV request because you found their TLs on your CR. They are not required to respond to your DV under that circumstance because you didn't send the DV in response to a first collection letter. So you can't argue continued collection, etc.

That being said, in the letters you sent, did you specifically state that you disputed the TLs? What exactly did you state in your letters?

[odjohnson3]

I see what ur saying, but in my case...my argument is ...I never recoeved a letter...just seen the trade line on my report.

Also yes, the debt validation letter that I sent basically said...this account isn't mine...I seen it on my credit report and that was the only way I knew it was on my report...before looking at my report I had no knowledge whatsoever of this account...please forward any documentation or contract authorizing your company to collect on this account and proof of your first attempt of contact me...bcuz this account isn't mine...I don't see how this can be furnished

any other method you guys can think of that would be useful in cleaning up negitice tradelines on my credit report...I only have 3 which are all past the SOL but have not responded to my pay for delete offers...even when offering the full amount due

[BV80]

I see what ur saying, but in my case...my argument is ...I never recoeved a letter...just seen the trade line on my report.

Also yes, the debt validation letter that I sent basically said...this account isn't mine...I seen it on my credit report and that was the only way I knew it was on my report...before looking at my report I had no knowledge whatsoever of this account...please forward any documentation or contract authorizing your company to collect on this account and proof of your first attempt of contact me...bcuz this account isn't mine...I don't see how this can be furnished

any other method you guys can think of that would be useful in cleaning up negitice tradelines on my credit report...I only have 3 which are all past the SOL but have not responded to my pay for delete offers...even when offering the full amount due

I know they haven't sent you a first letter, but that really doesn't matter. Unfortunately, the law is clear about when they must respond to DV request.

Since you told them you disputed the TL, is the TL marked as disputed on your CR? They should have done that. A dispute for a TL can be sent at any time and the CA/JDB has to report to the CRAs that the debt is disputed. If they haven't, you have a possible FDCPA violation.

However, by disputing first with the CA/JDB, you've waived your right to sue for an FCRA violation. But who knows? Maybe they didn't even bother to look at your letter.

I would go ahead and provide Experian with my ss #. If the account truly is not yours, hopefully you disputed it as "not mine". If it comes back verified, the next steps are up to you.

You can get an attorney, or you can deal with the CA yourself.

Just a note: If the account isn't yours, you may not have an FDCPA violation if they don't mark the TL as disputed. The FDCPA is to protect consumers from irreputable collectors. If the account isn't yours, a CA could argue that you're not a consumer. There are certain sections of the FDCPA that only apply to consumers. It would depend upon the violation(s).

Edited October 31, 2012 by BV80

[odjohnson3]

I understand nearly all of what your saying bro and again I am very very thankful for you taking the time out to educate me on things I still have no knowledge on.

however the part I still don't understand is this

if I dispute the debt and request validation....it must be done up on the first level of contact...

the thing is..there was no dunning letter (which I understand is not required) but there was no other means of initial contact...so how can I send a validation without an initial level of contact ever being made...

the initial level of contact was me looking on my credit report and seeing it listed. so I requested validation from the first point of contact...that being me lookn at my credit report.

sorry I don't mean to be difficult, I'm jus tryna understand this particular law bcuz the more I think about it...there jus seems to be a way around the collection agency having to ever do anything...as they can always lie about the initial contact and say that was reason for then not responding to a validation...like there's no way to prove the first or initial contact or knowledge of the bill...that can always be lied about or changed it seems

[odjohnson3]

ohhhhhh ok I think I got it now..I re read over the information...I think what ur sayn is the "initial communication" would be the first bill I received...ok I understand a lot more now.

can I deny receiving an initial communication...bcuz the collection agency Lamont Hanley & Associates never sent me a bill..It was only 63 bucks and I'm guessing it was more intended to hurt ny credit than to collect the actual debt because I can't recall ever receing a bill from this collection agency...Just seeing it on my credit report. Seems their last date of activity was 3 years ago but they are indeed still on my credit report "/

[BV80]

ohhhhhh ok I think I got it now..I re read over the information...I think what ur sayn is the "initial communication" would be the first bill I received...ok I understand a lot more now.

can I deny receiving an initial communication...bcuz the collection agency Lamont Hanley & Associates never sent me a bill..It was only 63 bucks and I'm guessing it was more intended to hurt ny credit than to collect the actual debt because I can't recall ever receing a bill from this collection agency...Just seeing it on my credit report. Seems their last date of activity was 3 years ago but they are indeed still on my credit report "/

I know this gets confusing. Yes, an "initial communication" is the first time you hear from them in relation to the account. Most, if not all, courts have ruled that a TL on a CR is not an initial communication. Even if it was, you'd have to DV within 30 days of that initial communication.

Denying receiving an initial communication won't help you in regard to a DV request. A DV can only be sent after an initial communication. Did I make sense?

In my opinion, both the FDCPA and the FCRA (Fair Credit Reporting Act) are deficient in certain ways. I don't think it's fair that a CA or JDB can report on your CR without notifying you, but they can.

Right now, I would simply do what I can do. Let me ask this: Is the account/debt yours?

[odjohnson3]

oh yeah your explanation makes sense to me...but the law doesn't lol.

initial communication...first contact I have with collection agency

debt validation can only.be requested after initial communication...A TL on my credit report does not constitute as initial communication

these facts basically make it impossible for me.to request DV because I never received an "initial communication" from.one.of these collection agencies LOL

how can the CA prove I have...how can I prove I have not.

of the 3 collection agencies listed...rjm acquisitions, Lamont Hanley & associates, and AAA credit service...one of these I trully believe is not my account. However, I can't make them prove anything bcuz I've never had an initial communication with them until my sending of a DV, which I am attempting first communication.

so to answer ur other question...2 of these are actually my accounts...the one account that's not mine is the one I have no initial communication with. it gets hard bcuz me, my dad, and my grandfather all have the same name...I've had an account on my credit report before that wasn't mine..

all of these accounts are past SOL and the "last reported" date on my credit report are 3 year's ago...jus not sure what step to take bcuz I have no initial communication with the account that's not mine...and per FDCPA no way to request proof since I don't have an initial communication LOL

[BV80]

You've got the "gist" of it.

Regarding the 2 TLs that are your debts, if the information being reported is accurate, there's not much you can do. Our credit reports are a history. Missed payments, collections, etc. are part of our credit history. That history, as long as it's accurate, can be reported.

I've had a couple of JDBs show up on my CR that didn't show the name of the OC. But by checking the amount of the debt and certain dates, I was able to ascertain the OC.

If you can't figure out if a TL is your account, follow the CRAs guidelines to dispute. I'd send a letter to the furnisher if it's verified with the CRAs.

If the furnisher refuses to respond or cooperate, I'd contact NACA. See if they have a consumer attorney in your area who would look at your case. However, this is based upon how much this TL is affecting you.

If it's not affecting you and you don't want to sue, it may not be worth fighting. Me...I'd do it just to screw with them.

[odjohnson3]

lol gotcha...thanks so much for all your help..I really appreciate it.

I've read somewhere about the whychat medical dispute process...Are you at all familiar with it? would you recommend disputting medical debts using this process?

[odjohnson3]

Updated information on my road to rebuilding my credit:

Experian and Equifax both sent me letters requesting more identification in oreder to dispute the items I requested...SMH silly me, I had forgot to list my SSN on my disute letter

However, there was a ray of light. Prior to disputing with the big 3, I sent debt validations to the companies I wanted to dispute.

I never got a debt validation from any of the companies but what i did get was the deletion of RJM Acquisitions on 2 reports...im unsure about equifax as I havent got a way to check.

My issue now tho is this...

Altho experian refused my dispute request, they did mark the item (Account in dispute under Fair Credit Billing Act) under the "Your Statement" part of my report. Shouldnt that be listed under "Status." I understand that they are required to list the account "In Dispute" when the account is disputed per collection agency. I dont think my consumer statement has anything to do with the status of the account listing.

The smaller collection that I have is only 63 bucks. The last reporting date, was the same as the "date of status" as well as the "last reported date" so I know they have no intention on collecting this small debt. I havent recieved anything from the collection agency and the collection agency is still reporting a "collection" under the status of all my credit reports. Since they have not marked this item as "in dispute," dont I have a FDCPA violation? Can anyone help me out with the section code and how I should go about enforcing a deletion if thats a possibility.