Four months later, debt still hasn't been validated

[DeeBee78]

I sent Enhanced Recovery a DV letter back on March 13th, which they received on the 20th. I still have not received a response from them, and this false collection still sits there on my credit reports. 

I know they don't have a set amount of time to respond to the validation, but almost four months is ridiculous. Is there anything I can do to speed this along, or a bureau I can file a complaint with? I just want them to admit the debt is false and remove it from my credit report. It's dragging my score down pretty drastically. The one-sidedness of debt collection is extremely aggravating, especially when you're in the right. 

[gdale6]

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@DeeBee78 wrote:

I sent Enhanced Recovery a DV letter back on March 13th, which they received on the 20th. I still have not received a response from them, and this false collection still sits there on my credit reports. 

I know they don't have a set amount of time to respond to the validation, but almost four months is ridiculous. Is there anything I can do to speed this along, or a bureau I can file a complaint with? I just want them to admit the debt is false and remove it from my credit report. It's dragging my score down pretty drastically. The one-sidedness of debt collection is extremely aggravating, especially when you're in the right. 

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Why is it false?

[DeeBee78]

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@gdale6 wrote:

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@DeeBee78 wrote:

I sent Enhanced Recovery a DV letter back on March 13th, which they received on the 20th. I still have not received a response from them, and this false collection still sits there on my credit reports. 

I know they don't have a set amount of time to respond to the validation, but almost four months is ridiculous. Is there anything I can do to speed this along, or a bureau I can file a complaint with? I just want them to admit the debt is false and remove it from my credit report. It's dragging my score down pretty drastically. The one-sidedness of debt collection is extremely aggravating, especially when you're in the right. 

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Why is it false?

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Long story short, T-Mobile says I owe them money, when I actually do not. They claim I defaulted on a cell phone contract, which I never did. I never had a cell phone contract with them, just a pre-paid line that I gave up when I moved to AT&T/iPhone back in 2008. They are unable to provide proof of this contract. 

It's been suggested by other forum members that I file a police report for identity theft, but this wasn't the case. Clearly something was messed up in their system, and now I'm stuck trying to get rid of the false collection. T-Mobile refuses to help me with this, since the debt has been sold off. At this point, I'm at a loss, and I feel like I'm being forced to keep this collection through no fault of my own. 

Scores on all three bureaus dropped 40-50 points when this hit, and they're just now starting the uphill climb. 

[saberkitty]

Have you tried talking to T-Mobile?

[DeeBee78]

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@saberkitty wrote:
Have you tried talking to T-Mobile?

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Absolutely. They cannot furnish a contract, and refuse to help further, as the debt has been sold to a collection agency. 

[Anonymous]

If T-Mobile fabricated the debt then they are liable for damages that the false reporting causes you.

Not sure how far you want to take this but I would threaten to sue T-Mobile if they do not resolve the issue within 30 days. Their fabrication is causing you distress and financial burden and is severely impacting your finances.

They sold the debt, so they should be the ones comtacting the collections agency to admit the mistake.

Have you tried disputing via the CRAs? If they can't validate the debt I would imagine there would be no issue having the collection removed from your report(s).

[Anonymous]

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@DeeBee78 wrote:

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@gdale6 wrote:

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@DeeBee78 wrote:

I sent Enhanced Recovery a DV letter back on March 13th, which they received on the 20th. I still have not received a response from them, and this false collection still sits there on my credit reports. 

I know they don't have a set amount of time to respond to the validation, but almost four months is ridiculous. Is there anything I can do to speed this along, or a bureau I can file a complaint with? I just want them to admit the debt is false and remove it from my credit report. It's dragging my score down pretty drastically. The one-sidedness of debt collection is extremely aggravating, especially when you're in the right. 

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Why is it false?

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Long story short, T-Mobile says I owe them money, when I actually do not. They claim I defaulted on a cell phone contract, which I never did. I never had a cell phone contract with them, just a pre-paid line that I gave up when I moved to AT&T/iPhone back in 2008. They are unable to provide proof of this contract. 

It's been suggested by other forum members that I file a police report for identity theft, but this wasn't the case. Clearly something was messed up in their system, and now I'm stuck trying to get rid of the false collection. T-Mobile refuses to help me with this, since the debt has been sold off. At this point, I'm at a loss, and I feel like I'm being forced to keep this collection through no fault of my own. 

Scores on all three bureaus dropped 40-50 points when this hit, and they're just now starting the uphill climb. 

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What is the reported DoFD on this item? Does it coincide with the move to AT&T in 2008?

[DeeBee78]

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@Anonymous wrote:
If T-Mobile fabricated the debt then they are liable for damages that the false reporting causes you.

Not sure how far you want to take this but I would threaten to sue T-Mobile if they do not resolve the issue within 30 days. Their fabrication is causing you distress and financial burden and is severely impacting your finances.

They sold the debt, so they should be the ones comtacting the collections agency to admit the mistake.

Have you tried disputing via the CRAs? If they can't validate the debt I would imagine there would be no issue having the collection removed from your report(s).

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I disputed it with all three CRA's as soon as it showed up, because I knew it wasn't legitimate. They came back with remarks of disputed, and one came back as "meets requirements of FDCPA." Thats when I sent the dv letter to the CA, telling them to prove it. Haven't heard a peep from them since. 

[RobertEG]

The DV provisions of the FDCPA do not, and were not intended to, require validation.

For better or worse, that was not their intent.  They were intended to relieve consumers of active collection by debt collectors until the debt collector first provides debt validation.

Texas provides the additional requirment that if a debt collector does not validate within 30 days, then they must delete their collection until such time as they have provided validation.  That does not apply nationwide under the FDCPA.

Additonally, the post does not state that the DV was timely.  If untimely, a DV invokes no cease collection bar.

[Anonymous]

What's the Date of supposed first deliquency? It should be about to fall off your report sometime this year or shortly.

Demand that they validate the debt with actual documentation.