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@epigurl4credit wrote:
Hello,
I have an unfamiliar account in collection that is not on any of my credit reports. According to the collection, it is well within the SOL and still should be present as a charge off.
I contacted the company and stated the above and was sent verification of the account as well as an affidavit form, additionally asking for info such as drivers license copy, SS number and other things that I feel uncomfortable providing. They did however add that I am disputing the account on only 1 CR.
1. How long does this dispute process take?is it a set period like other disputes?
2. Do I have to complete this affidavit and provide my personal info?
3. I want to file a consumer complaint. Do you think it is warrented?
Thanks in advance!
1. You do not want to dispute - you want Debt Validation under FDCPA. Request the name of the original Creditor, Date of original delinquency, and original amount of debt before collection fees and interest.
2. No you do not have to complete their affidavit, but you do have to provide enough information to identify who you are.
3. What would be the nature of your complaint?
If you don't recognize the debt, they need to produce some documentation that proves this belongs to you and they have the right to collect.
Did you try contacting the OC PRA provided you with? That worked for me with debt that wasn't mine.
First, the debt validation process is not the proper procedure for dealing with a debt that you assert was never authoriized by you.
That is done by way of the identity theft process under FCRA 605B. That process does not require any proofs on your part. It requires only that you put your assertion that you never had the asserted account and that the debt was never authorized by you into the form of a sworn police report.
If you submit that police report along with an affidavit, the CRA is required to block the reported collection from your credit report.
A debt collector is not required to respond to a DV request, and any issue of lack of validation on their part is not relevant to removal of the collection from your credit report.
If the DV request was timely, its effect is to require the debt collector to cease futher collection activities, not to validate/verify the debt.
In the posted scenario, however, the debt collector did provide what they consider to be adequate validation, so they consider themselves to no longer even be under a cease collection bar.
Neither the DV process nor the dispute process under the FCRA compels the debt collector to "prove" the debt. They must investigate and make a determination as to whether that investigation supports a finding of validity of the debt.
The alternatives at this point are to either sue the debt collector, if and when they resume efforts to collect on the debt, for violation of a cease collection bar, or to follow the identity theft process set forth under FCRA 605B and provide a sworn police report supporting the assertion of account not mine.
Total CL: $321.7k | UTL: 2% | AAoA: 7.0yrs | Baddies: 0 | Other: Lease, Loan, *No Mortgage, All Inq's from Jun '20 Car Shopping |