CA cannot locate an account under my name

[Poet34]

I have a collection with Debt Credit Services (DCS) for an SBC collection which has already been paid to NCO and successfully deleted via GW to NCO.  So, the DCS is a duplicate entry.

I mailed a DV letter CMRRR (signed by DCS on 11/29/10).  Today I received a letter from them stating that they received my letter dated 11/24/10 requesting validation of the account.  Their next paragraph reads as follows:

I have searched our database and cannot locate an account under your name, and I cannot search the database with only the last four digits of an account number (I only had the last 4 from the CR).  Please fax us a copy of the page of your credit report where this information appears.  Our fax number is above.  If you do not wish to fax the information, you can email it to us at.  Once we have this information, we will be able to either validate the debt or request removal of it from your credit report.

Also, under the FDCPA Section 809 regarding validation of a debt, we are required to give you the name of the original creditor and the amount they say you owe.  We are not required to give you the other information requested in your letter.

At this point, what do I do?  It seems to me that they should be able to locate the account by my name, address or last four of the account number if it is valid.  It appears it was originally assigned to them in 12/04, then reassigned to NCO in 12/07.  Do I wait 30 days and then dispute with CRA that the TL is inaccurate?

Again, this debt has been paid and I am seeking deletion from the one CRA that it has reported to.

Thanks in advance for any advice that is shared.

[llecs]

I would write them back and again include your name and ask them to delete. If you can this time around, include the account number as reported by the CA. You may want to pull your CRs directly from each CRA to find those account numbers. I would not include a report copy or your SSN.

[Poet34]

llecs, 

It is only listed on TU.  I now see the entire account number and will email it to them on Monday requesting deletion.  I will not include a report copy or my SSN.

Thank you for responding.  I appreciate the advice.

[RobertEG]

Simple, in my opinion. 

 Forget the DV process, Why? because most of what they said in their responnse was true.  They did not (unless you live in Texas), even have to repond.  I would turn now to a direct dispute of their credit reporting under FCRA 623(a)(8).  And DONT let the CRA get into the middle of your dispute

I would not dispute through the CRA!  Dispute directly with the debt collector,

They apparently cant validate, and dont have to under FDCPA 809(a), but they certainly DO have to respond, within 35-days, to a direct dispute under the separate provisilons olf FCRA 623(a)(8)..

Shift from asking for debt validation under FDCP 809(b) over to a dispute of credit reporting under FCRA 623(a)(8).

You dont have to wait any 30-day period from anything in order to send your dispute to the debt collector.

“This is a Notice of Direct Dispute with you, under the provisions of FCRA §623(a)(8)(D), of the accuracy of information you have reported to my credit file.

       ► (If sent to a debt collector, (CA), it might  be beneficial to also include the blurb:

       ►  This is a direct dispute of credit reporting. This is not a request for debt
              validation/verification  under FDCPA §809(b).
                  (don’t let them just simply sluff it off as a meaningless  DV letter)

“In compliance with FCRA §623(a)(8)(D), and enacting regulations published at  16 CFR § 660.4, this Notice of Direct dispute includes:

 “Identification of the specific information being disputed:

            (specify the account number(s), OC and CA,, your identifying name and address,  and the specific information that is disputed under

             that identifying account)

“Basis for the dispute:

            (how the reporting was inaccurate;    was any reporting in violation of any statutory or

             regulatory provisions?  account or express agreements?  CRA reporting gudelines? Account not yours? etc.)

“Supporting documentation:

            (all documents that support your dispute; make sure to include,

             as part of your documentation, at least a copy of the portion only of your

             recent credit report showing their reporting of the disputed information was

              actually reported to your credit flle.  The implementing rule suggests a showing

               that it appeared in your credit report)

 “Under the provisions of FCRA §623(a)(8)(E) and 16 CFR §660.4,, you have the duty to review all of the information I have provided to you,  to complete your investigation of this Direct Dispute within 30-days of my Notice of Direct Dispute,  and report back to me the results of your investigation within 5-days of your completion of your investigation.” 

“Should you find the disputed information to be inaccurate or incomplete, or you cannot verify the accuracy or completeness of the disputed information, you are additionally required, under FCRA 623(b)(1)(E), to promptly notify the credit reporting agencies of deletion of this information from my credit file.”