I checked all 3 of my credit reports a couple months ago. There were some negative items listed on my credit reports, majority of them dating back to 2007 and 2008. I started reading this form and reading other stuff on the internet and found out that majority of collection agencys can not provide you documentation to validate the date. At first I disputed the info, the info came back as "accurate" according to that creditor.One of the DEREG items was a medical bill under my name.
I called X company and asked them what info did they have to validate the debt, she started asking for my social, i advised I would not give that info out. She asked for my DOB. i said per FTC guidelines I am not required to give you that information and since THEY are the ones collecting, it's THEIR job to validate the debt (guilty until proven innocent??). She said that since the account was 6 years old, she would have to get "documentation" from the creditor to validate the debt. I asked her if she saw my dispute with EQUIFAX. She said she did and they sent it back validating the debt. I asked her how she "validated" the debt, she said they just send us a letter asking us information like is this debt valid, how much is owed, when did you report the item as dereg, etc. No ACTUAL personal info gets transmitted back. I ABOUT BLEW A GASKET. I hung up the phone and read some more online.
I discoved this. PER FTC guidelines, they are "REQUIRED" to investigate before submitting validation debt to the bureaus otherwise they are in violation of FTC code 623(A). They are also required to report accurate information to the CRA, or they are in violation of FTC reporting sections 605B, 609(E) and section 611.
I called back, spoke to a supervisor, she confirmed the same information the collection agent told me. My response?
ME: Are we on a recorded line?
HER: Yes
Me: Great, Do you see the notes on my account of me calling 2 weeks ago?
HER: Yes. Did you want to settle this debt?
Me: No, I am asking you keep this conversation as documention for the next 45 days. Now I want to know how did you "validate my debt".
HER: Mr H we are going to send information to the creditor to validate this debt and than send you documentation but since it's been 6 years, we may not be able to get anything
Me: So you validated a debt with a CB (Credit bureau) without actually "investigating it"
Her: Silence........5 seconds later. Mr H we will get you the documentation.
Me: That's fine, but I want a YES OR NO answer
silence...she's now realizing this call is recorded and could be used against them in a court of law....
Her: Mr H is there anything else I can help you with.
Me: Ma'am are you familiar with FTC section 623a which requires you to investigate the information before submitting it to the credit bureaus?
Her: silence....is there anythin else I can help you with?
Me: Ma'am you are not answering my question. Are you also aware you are inviolation of FTC codes 605a,609e and 611 which requires you to notify me as a fraud alert since I have had a fraud alert on my account?
Her: Sir we are getting you the information
Me: I am giving you 30 days to validate this debt. You will investigate it and you will send me written corrospondence of the outcome.
Her: You need to submit it in writting
Me: Actually I don't, the FTC rep says I can ask you to validate the debt over a phone conversation. The written response is because if someone doesn't have time to write a letter or send it off certified mail than you "assume" the debt is valid. Do you collection letters not say if you don't dispute this debt within 30 days you will "ASSUME" it is valid?
Her: Yes.
Me: So when you submitted my info to the credit bureau, you assumed it was valid, correct??
Her: silence
Me: I understand you are on a recorded line (wanted ot remind her of that before what I was going to say next). You understand that "assumptions" do not hold up in a court of law. You also understand that "assumptions" are a violation with the FTC correct?
Her..still silence, scared to say anything
Me: If you do not resolve this in the next 30 days, I am going to take these steps. File an official complaint with the BBB in your state to investigate your collection practices. The secound thing I am going to do is file an official complaint with the state atttorneys office of (her srtate) consumer protection division (every state has one). so they can look into your business. I am also going to file an official letter of complaint with the FTC-consumer financial protection bureau (these guys take credit reporting violations serious) and let them know what you did and also have them request a copy of this conversation so please save it for 45 days (again reminding her to save the conversation). I am also going to retain the legal services of the law firm X (pick any law firm in that city the Collec agency operates) and file a a class action lawsuit against your company for illegal collection practices.
Her: Sir if we can't get the info, we will delete it immediately.
Me: That's fine, I am giving you till (date 30 days from the date of that convo) to update your records.
2 weeks .later.. it was deleted off my credit report. I have used this with 4 other companies and had a total of 5 neg dereg items deleted..still waiting on the other 2 companies
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Starting Score: 525
