Disputed Collection

[Anonymous]

I got a collection I'm trying to remove from my report.  I sent the collection agency a general dispute letter within the 30 days.  It's been months now and nothing.  Aren't they required to remove it?  Or do I have to send them a request to validate it?  So me help would be great for my next step.   It's not quite the 7 years yet another year and a half to go.   

[RobertEG]

What exactly did you state in your "dispute" letter?

The use of the term dispute can be a bit confusing.  Both the FCRA and FDCPA use that term, unfortunately, to refer to different things.

It is general shorthand when discussing credit reporting to use the term "dispute" to refer to a dispute of accuracy of credit reporting under the FCRA, and to refer to any dispute of a debt, in whole or in part, under the FDCPA as a "DV."

A DV request requires no documentation or assertion of any specific error in reporting.  You only need to request validation or the name of the OC to have a DV request.

A dispute under the FCRA requires identification of a specific inaccuracy in information reported to your credit file/report.

There is no required period for a debt collector to respond to a DV.  It imposes a cease collection bar (if sent prior to expiration of 30 days from their dunning notice), which remains in effect until the debt collector proivdes the requested validation.  They can delay as long as they like, including never responding.

A disute over credit reporting under the FCRA, if it specifies an inaccuracy, requries completion of an investigation within 30 days, and sending of notice for resutls of the investigatin within 5 days after conclusion of the investigation.

In view of the above general distinctions, what did you send, a dispute under the FCRA, or a DV request under the FDCPA?

What is required of the debt collector is totally dependent upon which you sent.......

[Anonymous]

I said in the letter that I have no responsibility for the debt and to mail me documents that make you believe that I do.   Stop all communications and and I dispute having a obligation to this debt.   And report to the credit bureau that I dispute this.   

Just a summary of the letter.

So I did request documents and they never sent anything so far.

[RobertEG]

That is a request for debt validation.

They have no period for or requirement to ever respond to a DV request.

The penalty imposed on the debt collector is that they cannot continue active collection activiteis until they have first provided validation.

Documents are usually not required in order to validate.

You are now in a state of limbo.  They cannot call or write regarding collection of the debt until they first choose to validate.

[Anonymous]

Thank you for all your information.  This was a collection for a old Comcast account from 4 years ago.  When I first got this collection I called Comcast and they said they had no records of why I owe this because it was so long ago that is why I wanted to dispute this.  I called Comcast the other day and that person found the records and why I owed it.  I went ahead and paid it to Comcast with the idea that the collection agency has to remove it from my credit report since I settled with Comcast and not the collection agency.  So hopefully that will be removed.

My current FICO Experian is 603 so I'm working on getting it up to close to 700 so I can get a Amex charge card.  I had no credit cards at the time but I just got a approved for $3000 for a Amazon Visa.  I have a mortage in good standing and a car loan.  I have like 10 other closed accounts paid in good standing starting 12 years ago.  So I have a decent history.  I have a paid/charge off credit card from a year ago which is really hurting my score.  Trying to get the closed date update in Experian to 2011 which may help my score.  My wife added me as a AU on her discovery card which she has had for 15 years with no lates and her credit score is 800.  So my score should jump up quickly in the next few months.  Maybe enough to get that Amex card by late summer or early fall.

[Rebuilding69]

---

@Anonymous wrote:

I said in the letter that I have no responsibility for the debt and to mail me documents that make you believe that I do.   Stop all communications and and I dispute having a obligation to this debt.   And report to the credit bureau that I dispute this.   

Just a summary of the letter.

So I did request documents and they never sent anything so far.

---

If in your letter you told them to stop all communications, they will not validate for you, since you told them to stop communications. That trumps everything else. That is why you haven't heard from them.

Also, whenever you pay the OC, always make sure you get in writing preferably, that they will recall the collection agency, otherwise it will probably just update to paid, unless you get lucky and the CA pulls back.