cancel
Showing results for 
Search instead for 
Did you mean: 

DV -- Can CA still reporting unvalidated debt to all 3 bureaus!

tag
DaBears
Senior Contributor

Re: DV -- Can CA still reporting unvalidated debt to all 3 bureaus!

They were in violation of the FCRA if they were continually updating the TL each month after they received the DV. 

Message 11 of 14
Pigeyex
Frequent Contributor

Re: DV -- Can CA still reporting unvalidated debt to all 3 bureaus!

OK, still not sure I understand the discrepancy between "they not allowed up to update the TL" with the "they're in violation if they don't," but I think I'm going to just send a final letter to the CA themselves (the other two were to their atty), notifying them that their attorney didn't properly validate the debt, that the debt TL is STILL showing on all three of my bureau reports, and that they are therefore in violation of the FCRA (might even throw in the total tally of months that it's been continued to be reported on there, as separate violations), and threaten to sue them under the FCRA unless they remove them within 30 days.

 

Then, if they don't, I'll dispute with the three bureaus.

 

thanks,

 

Paul

_________________________________________________________

2007 - 2010 low point: mid-500s

With the help of myFICO community, now: 714 EQ FICO

"At the end of every hard-earned day, people find some reason to believe." (Bruce Springsteen)
Message 12 of 14
RobertEG
Legendary Contributor

Re: DV -- Can CA still reporting unvalidated debt to all 3 bureaus!

The fact that they have not validated means you still consider them to be under a cease collection bar.

It is not basis for requiring deletion of reporting made prior to the cease collection bar.

 

You simply have a timely DV, and thus a continuing cease collection bar.

Providng insufficient validation is equivalent to no validation,  It is not a violation to attempt to validate, but fail to adequately do so.

 

Violation of the FDCPA would only occur if they commence collection on the debt prior to having provided debt validation.

There is no violation of the FCRA based on failure to comply with their debt collection practices obligations under the FDCPA.

DVs are not retroactive to reporting made prior to the cease collection bar, and thus there is no basis under the FCRA for compelling deltion of that reporting.

 

CRAs dont get involved in determinations of adequacy of debt validation under the FDCPA.

 

I dont see basis for dispute or asserting violation of the FCRA.

Message 13 of 14
Pigeyex
Frequent Contributor

Re: DV -- Can CA still reporting unvalidated debt to all 3 bureaus!

I'm lost, and I give up.  I know you're trying to help me, and I appreciate your responses, but they're extremely hard to follow.

 

Thanks for trying.

 

Paul

_________________________________________________________

2007 - 2010 low point: mid-500s

With the help of myFICO community, now: 714 EQ FICO

"At the end of every hard-earned day, people find some reason to believe." (Bruce Springsteen)
Message 14 of 14
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.