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Member
Zcl1995
Posts: 5
Registered: ‎04-10-2013
0

Debt Validation letter ignored and EQ did not delete

I'm still on my journey to repair my credit and I have found  this forum one of THE BEST places to get advice and tips on how to repair my credit.  I sent a debt validation letter to a collection agency listed on my Equifax report last month and I did not receive a response.  I sent the original letter and green card to Equifax informing them of the no response and request for deletion; however, they responded that they verified the debt and the collection remains.  Can they do this? 

Senior Contributor
DaBears
Posts: 3,930
Registered: ‎10-26-2012
0

Re: Debt Validation letter ignored and EQ did not delete

Technically they don't need to respond to you. They just can continue collection activies until verified. Apparently they did verify the account and that's why EQ kept the TL listed. I would offer a PFD and see if the CA will accept!!!!

Moderator
guiness56
Posts: 22,406
Registered: ‎01-17-2008
0

Re: Debt Validation letter ignored and EQ did not delete

Though it has worked in the past, the CRA has nothing to do with debt validation.  They could care less about whether the CA validated with you or not.

 

They verified that the debt exists with the CA and that is what they are supposed to do.

 

How old is this debt?  Did you ever receive a dunning notice?  Was your DV timely?

Moderator
guiness56
Posts: 22,406
Registered: ‎01-17-2008
0

Re: Debt Validation letter ignored and EQ did not delete


DaBears wrote:

Technically they don't need to respond to you. They just can continue collection activies until verified. Apparently they did verify the account and that's why EQ kept the TL listed. I would offer a PFD and see if the CA will accept!!!!


Two different situations.  The CA cannot verify with the CRA and call it debt validation.

Member
Zcl1995
Posts: 5
Registered: ‎04-10-2013
0

Re: Debt Validation letter ignored and EQ did not delete

The debt is 1 years old... I never recalled receiving anything from the collection agency... it looks like the original creditor is a utility company. I think I'm going to pursue the utility company to see if they will delete once paid.  I REALLY need this off  my report so that I can see some progress.

Mega Contributor
RobertEG
Posts: 18,463
Registered: ‎03-19-2007
0

Re: Debt Validation letter ignored and EQ did not delete

[ Edited ]

If your DV was timely, which would be the case if they never sent dunning notice, then their "penalty" is that they must cease active collection on the debt until such time as they choose to provide the requested debt verification.  Violation of the DV process occurs due to continued collection activities prior to debt validation.

 

As stated, the CRAs are not involved in debt collection practices issues under the FDCPA.  Disputes to a CRA are directed at accuracy of their credit reporting under the FCRA, not validity of the debt.

Any dispute asserting failure to have validated under the FDCPA can be dismissed by the CRA without any reinvestigation on their part or referreal to the debt collector as lacking an asserted inaccuracy in credit reporting.  Even if they chose to forward the dispute to the debt collector and conduct an reinvestigation, the debt collector is only required to respond that they have conducted their investigation, and find the information to be accurate.  It does not requre them to provde any documentation or "prove" the validity of the debt.  The same applies to verification in response to a DV request.  You get statement that they have conducted a reasonable investigation, and their fnding is supported by the results of that investigation.

 

The CRA did more than what was required by treating your complaint as an actual dispute when there was no basis fot them to have done so.

You at least received a statement from the debt collector that they have investigated and verify the accuracy of their reporting, which is tantamount to debt verification, however not communicated directly to the consumer, as requred under FDCPA 809(b).

Senior Contributor
DaBears
Posts: 3,930
Registered: ‎10-26-2012
0

Re: Debt Validation letter ignored and EQ did not delete


guiness56 wrote:

DaBears wrote:

Technically they don't need to respond to you. They just can continue collection activies until verified. Apparently they did verify the account and that's why EQ kept the TL listed. I would offer a PFD and see if the CA will accept!!!!


Two different situations.  The CA cannot verify with the CRA and call it debt validation.


I agree. I was assumming the OC had verified the debt and that's why the TL was not deleted :smileytongue:


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