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Frequent Contributor
Posts: 299
Registered: ‎05-28-2012
0

If they can't validate...

I posted a few days ago about a CA sending me a response to my DV saying that they can't find my account with them given my name and address. They want me to send them more information (a copy of my credit report, etc), which isn't gonna happen. If they can't find it on their own accord, they can put it where the sun don't shine :smileyhappy:

 

 Anyhow, should my response to them be somewhere along the lines of "You can't find it, so I believe that it isn't valid and request that you delete or you're in violation of ------------"?

 

I"m looking to mail it off tomorrow, as I'd prefer it to come off by the end of July!


Starting Score: 492 02/12
Current Score: TU: 668 (FICO), EQ: 668 (FICO). EX: 651(lender pull 9/27/12)
Goal Score: 660



Frequent Contributor
Posts: 299
Registered: ‎05-28-2012
0

Re: If they can't validate...

Is this acceptable?

 

 

                                                                                                          7/8/12

 

To whom it may concern,

 

 

In a letter dating 6/25/12, I sent a request for validation of the debt. A response letter was received by me on 7/6/12 stating that your company could not find an account with the information provided. Since you cannot validate this account, I request that you delete it from my consumer credit reports. If you do not comply, you are in violation of the FDCPA. I am attaching copies of both the original letter sent and both of the return receipts (showing when it was sent, and showing when it was received).

 

 

Sincerely,


Starting Score: 492 02/12
Current Score: TU: 668 (FICO), EQ: 668 (FICO). EX: 651(lender pull 9/27/12)
Goal Score: 660



Regular Contributor
Posts: 232
Registered: ‎06-01-2012
0

Re: If they can't validate...

[ Edited ]

I believe a more experienced person here could provide a better response but from what I've seen - this happens frequently here on the forums - this is a standard stall tactic for some CAs.  I have read some re-send the DV and others simply wait.  Their response does not require any response from you ... again, someone else could answer more thoroughly.  I suggest: do not send your response as this could potentially cause a few issues.  I would hold tight.  If your DV was timely, they have 30 (35?) days to provide debt validation.

 

Search the forums for this .. "DV CA Request Info" or similar - from what I've read this is indicative of their lack of documentation.  Anyone else wanna chime in on thisone?

 

[EDIT] - Also, as in any negotiation, it's a good idea not to "show all your cards".  If they do not provide timely validation as requested in your DV, do not remind them.  It could cause them to take alternate actions, etc.  Keep that validation card in your hand and play it when the timer is ready :smileywink:

 

Good luck and let us know what happens!


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Epic Contributor
Posts: 20,883
Registered: ‎03-19-2007
0

Re: If they can't validate...

[ Edited ]

Debt validation by a debt collector is not required under the FDCPA.  There is no 30-day period for response.  A timely DV places the debt collector under a cease collection bar until such time as they provide the requested debt validation.  Their response is simply a failure to have yet validated.  I see no violation of either the FCRA or FDCPA on that basis.

 

However, based on their apparent lack of records, if you can find a legitimate reason to dispute the accuracy of their reporting itself, you could send them a direct dispute, which will set a 30-day period requiring verification of the accuracy of the reported information, as opposed to the debt itself.

I am not suggesting a dispute that merely alleges the debt to have been unverified.

Frequent Contributor
Posts: 299
Registered: ‎05-28-2012
0

Re: If they can't validate...


RobertEG wrote:

Debt validation by a debt collector is not required under the FDCPA.  There is no 30-day period for response.  A timely DV places the debt collector under a cease collection bar until such time as they provide the requested debt validation.  Their response is simply a failure to have yet validated.  I see no violation of either the FCRA or FDCPA on that basis.

 

However, based on their apparent lack of records, if you can find a legitimate reason to dispute the accuracy of their reporting itself, you could send them a direct dispute, which will set a 30-day period requiring verification of the accuracy of the reported information, as opposed to the debt itself.

I am not suggesting a dispute that merely alleges the debt to have been unverified.


 

 

 

Even in regards to the Texas Finance Code? And would having no medical care in 2010/ 2011 be a valid reason for dispute? I had group medical during those years, and everything was paid (except my co-pays, which I paid cash/debit for.) If I never received a dunning notice for this, is that a legitimate reason?


Starting Score: 492 02/12
Current Score: TU: 668 (FICO), EQ: 668 (FICO). EX: 651(lender pull 9/27/12)
Goal Score: 660



Epic Contributor
Posts: 20,883
Registered: ‎03-19-2007
0

Re: If they can't validate...

If their is separate cause under a state statute, then remedy would be by way of asserting violation of that statute.

It would be separate from compliance with the FDCPA.

Frequent Contributor
Posts: 299
Registered: ‎05-28-2012
0

Re: If they can't validate...

Sounds good - thanks! I'm going to change the FDCPA  to the Texas Finance Code and hope that works.


Starting Score: 492 02/12
Current Score: TU: 668 (FICO), EQ: 668 (FICO). EX: 651(lender pull 9/27/12)
Goal Score: 660



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