medialbillsdebt Posted July 23, 2016 Report Share Posted July 23, 2016 I had a charge on my credit report that I asked to have validated by the collection agency. I sent it to them with request to do so, and they have failed to deliver the validation by mail. I sent it by priority mail. No response back and the account is still showing on my ccreport. What legal actions can I take so that the credit bureaus take it off. I dont know how to approach this now. Its affecting my credit score. Thank you Quote Link to comment Share on other sites More sharing options...
shellieh98 Posted July 23, 2016 Report Share Posted July 23, 2016 If they are not trying to collect, they don't have to validate it yet. (the collection agency) You dispute it with the credit reporting agency, in writing. If it comes back validated, you dispute it again in writing and ask for a method of validation with the name and number of the person validating. They will either comply, or remove it. 1 Quote Link to comment Share on other sites More sharing options...
BV80 Posted July 23, 2016 Report Share Posted July 23, 2016 17 minutes ago, shellieh98 said: ask for a method of validation with the name and number of the person validating What do you mean by the name and number of the person validating? Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted July 23, 2016 Report Share Posted July 23, 2016 51 minutes ago, medialbillsdebt said: I had a charge on my credit report that I asked to have validated by the collection agency. They are only required to respond to your DV letter if you sent it within the first 30 days of their initial contact with you. Finding it on your credit report isn't contact with you so they are free to ignore your DV letter. 52 minutes ago, medialbillsdebt said: What legal actions can I take so that the credit bureaus take it off. Right now? None. All the FDCPA requires the CA to do is cease collection activity if you DV them within that initial 30 day window. The courts are divided on whether a trade line is collection activity and therefore it can remain despite your sending the letter. The problem is if it is a valid collection they can legally report. There isn't a magic method to delete a valid trade line. According to your screen name this may be medically related. Those are WAY easier to validate than credit card debt. Simply disputing them off and sending a MOV letter isn't a cure all to get it removed. Quote Link to comment Share on other sites More sharing options...
medialbillsdebt Posted July 23, 2016 Author Report Share Posted July 23, 2016 I dont have a recourse then? They have not called and tried to collect, but I want this off my credit report. Any other ways you can do this? There must be a way of making them prove that this account is valid or its not legal to put this on someone else's c report. Any advice? Quote If they are not trying to collect, they don't have to validate it yet. (the collection agency) You dispute it with the credit reporting agency, in writing. If it comes back validated, you dispute it again in writing and ask for a method of validation with the name and number of the person validating. They will either comply, or remove it. Quote Link to comment Share on other sites More sharing options...
medialbillsdebt Posted July 23, 2016 Author Report Share Posted July 23, 2016 I am wondering if suing them in small c court would be an option in this case. This has to do with an older debt (larger property management company) and its not valid, as the original creditor never provided us with information/detailed receipt as we requested to even put it on as valid collection in the first place. Too bad I did not take care of it then. The guy who was responsible for this, a prop manager died in cancer some years ago and this was the guy who created this whole mess.... Quote Link to comment Share on other sites More sharing options...
BV80 Posted July 24, 2016 Report Share Posted July 24, 2016 How old is the debt? Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted July 24, 2016 Report Share Posted July 24, 2016 4 hours ago, medialbillsdebt said: This has to do with an older debt (larger property management company) and its not valid, as the original creditor never provided us with information/detailed receipt as we requested to even put it on as valid collection in the first place. Nothing in the FCRA requires they prove to you it is valid before they place it on your credit report. No state or federal law requires they even notify you before reporting it. 4 hours ago, medialbillsdebt said: Too bad I did not take care of it then. At the time you moved out and they withheld your deposit and/or tried to bill you for unnecessary or unneeded repairs/damages was the time to challenge it. Once it went to collections you lost a lot of leverage. Especially waiting years to deal with it. 4 hours ago, medialbillsdebt said: The guy who was responsible for this, a prop manager died in cancer some years ago and this was the guy who created this whole mess.... Is the property management company even still in business? If not then who would you sue? Even if the company is still in business the person who assessed these charges has passed on and that makes challenging it very difficult if not impossible. 4 hours ago, medialbillsdebt said: I am wondering if suing them in small c court would be an option in this case. It is always an option it doesn't mean you would win your case. Quote Link to comment Share on other sites More sharing options...
fisthardcheese Posted July 24, 2016 Report Share Posted July 24, 2016 17 hours ago, medialbillsdebt said: I dont have a recourse then? They have not called and tried to collect, but I want this off my credit report. Any other ways you can do this? There must be a way of making them prove that this account is valid or its not legal to put this on someone else's c report. Any advice? The first reply to your post gave you the legal recourse you have. The answer hasn't changed. You can dispute the TL with the credit agencies. If the creditor can't verify the TL, the CRA will have to remove it. If they do claim it is "verified", then you have the legal right to ask the CRA for the method they used to verify and for the name, phone number and address of the person who verified the TL to them. Quote Link to comment Share on other sites More sharing options...
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