06-20-2012 09:44 PM
I moved about 18 months ago from one city in California to another. The later who bought my old house recently forwarded me a letter from a law firm representing a collection agency for a charged-off credit card. The letter didn't get to me until after the 30 day period had expired. I pulled my credit reports and, sure enough, there is a collection account showing on all three credit reports.
Can I still dispute/request debt validation on this account? I want to clean up my credit, but I'm not sure what I should do from here. Thanks for your help!
06-20-2012 10:53 PM
Youch, that sucks, damned by the lacking of a forewarding address form. The fcrda gives you 30 days, pretty cut and dried, but it doesnt hurt to send a dv anyway. You can always examine the dunning letter for errors and mistakes, this will give you leverage to get the debt deleted. Or if you are dealing with an honorable ca, (dont laugh it happend to me once an it was weird) they might delete the account anyway if they cant validate. However back to leverage, if you can find mistakes, or violations, you can use that to sue them , or threaten to sue them in exchange for damage or deletion if thats all you want. At the same time of course you can dispute in through the credit bureaus, and through the fcra for disputing bad info. If you re debt is held by one of the Sherman company schmucks, or one of the Encore @55holes, it ll take some doing. BUT, even they back down when you call the attorney general , BBB, and FTC, and complain. Go for it dude
06-21-2012 03:40 AM - edited 06-21-2012 03:43 AM
You can request debt validation at any time. What you loose by not sending your DV within the 30-day period is the lack of imposing a cease collection bar on the debt collector. Imposing a cease collection bar provides an incentive for a debt collector to provide the requested debt verification if they want to continue active collection on the debt, but does not compel verification.
Failure to validate the debt or any deficiencies in a dunning notice are not a basis for dispute with a CRA, or for deletion of any credit reporting. A dunning notice is not credit reporting. They are debt collection practices issues under the FDCPA. I would not recommend lauching disputes through a CRA for FDCPA violations. They are handled by way of complaint to the FTC, letters to third parties, such as a BBB, for their assistance, or your own civil action. Civil action for improper dunning notice cannot be based simply on inaccuracies. You must prove either negligence on their part or willful non-compliance.
Just send the DV and hope for verification. If they simply continue collection activities as usual without providing verfication, that is their right.
06-21-2012 12:09 PM
Is there a downside to providing my current address (which they don't have) in the DV? I'm still within the SOL. I'd like to pay this at some point, but no way I can PIF.
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