Jump to content

What are CAs required to 'validate'?


myscoresawful
 Share

Recommended Posts

ok, 

I have finally received the 30 day notice for a collection (old, paid almost a year ago to the OC, but CA is reporting it as a new collection and unpaid) that the CA has already been reporting a couple of months now.

 

I would like to see proof that the OC sent this to them to be collected.  Can I demand that in my request for validation?  While I'm sure it's a possibility, I don't believe that the OC 'updated' the old account to reflect a new balance due.

 

What exactly are the things that they MUST show me if I request them, to prove that the OC is showing I owe this, what it's for and when the OC requested them to try and collect.  (There is a reason I need to know these things, but which ones can I demand the CA provide me with?)

 

Thanks in advance!

Link to comment
Share on other sites

@myscoresawful

 

If they want to continue collection efforts, they're required to confirm that they have the correct consumer and that the amount claimed is valid.  You can demand anything you want, and maybe they'd supply it, but they really only have to comply with what the FDCPA requires.  They can choose to stop collection attempts and don't have to validate.

 

Are you saying that you paid the debt in full to the OC?

Link to comment
Share on other sites

@BV80, yes. It was paid in full to the OC about 8 months ago.  This particular CA was already reporting it to the 3 CRAs, but the OC accepted a payment made out to the OC.  The original collection amount that they were reporting (then updated to 'paid collection' after I paid the OC) was for a final bill that included the leased equipment (I moved out of state and the family member didn't get a receipt for turning it in or didn't turn it in, don't know).   When I submitted the payment to the OC, I included a copy of the final bill they had sent me that shows the break down and the equipment is listed with it's amount.  I paid this full amount.

 

So a few months after I paid them, I disputed with TU the 'paid collection' citing that I had paid the OC (yes, I know, but I really did so I didn't lie).  After TU finished the investigation, in the results they simply put 'new information'.

 

The new information was a brand new UNPAID collection account for the amount of the equipment (to the penny).  I filed a complain with the CA's state OFR, and the CA replied that after I paid the first collection that the OC updated my account to reflect a balance owed for unreturned equipment (only one piece of equipment was ever issed) and that I needed to log into their website and pay it because I owe it, etc.

 

I have trouble accepting the coincidence that they claim the OC updated this the end of August 2014, but yet they didn't report it the CRAs until the dispute  (which is another thing, the entry of this new unpaid collection was their answer to the dispute).  My FICO8 took a drop to an average of  600+- across the board because of this new and unpaid collection that I don't owe

Link to comment
Share on other sites

(btw, they apparently didn't bank on me having credit monitoring on all three bureaus now and I got the notifications around the first week of March that it was added, and when I logged in to look at it, they have the first date reported as January 2015.  They also sent the notice to me this past week. Yet they claim that the OC updated it the end of August 2014 to reflect a balance owed.  They claim they had to open a new account because the old one had been closed out in their office after it was paid.  If it was closed out, then what did they see updated by the OC?)

Link to comment
Share on other sites

@myscoresawful

 

I'd go ahead and send a DV request.  Note that they don't have to respond within a particular time limit, but they cannot continue collection efforts until they do respond.  In fact, they can discontinue efforts all together and not respond at all.

 

Give it a little time, and if they don't respond, contact the OC.   In fact, you could send a DV request AND contact the OC if you so choose.  In the event that the OC has sent a bill for the equipment to collections, you would want to try to clear it up with them.  

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.