Midland DV Disputed with CRA'S and they Verified.....

[ONEPICKYONE]

Hi all,

I debt validated Midland Credit in August 2009 and October 2009 with no response. I then wrote the letter posted on the boards to the CRA's demanding this account be deleted due to Midland not validating debt. The CRA's (all 3 of them) verified the account instead of deleting. What is my next step?

[Chopbrocoli]

Hi there, are they still sending your dunning notices and calling you? Does your tradeline on your CR say "consumer disputes?" 

[Anonymous]

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@ONEPICKYONE wrote:

Hi all,

I debt validated Midland Credit in August 2009 and October 2009 with no response. I then wrote the letter posted on the boards to the CRA's demanding this account be deleted due to Midland not validating debt. The CRA's (all 3 of them) verified the account instead of deleting. What is my next step?

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you to...my is thru at&t managment ctr...pls help.....im being fighting mine since 7/09..CRA's report comes back verified

[RobertEG]

DV letters to a CA are sent under FDCPA 809(b).  They are sttictlly beween the consumer and the CA. The CRA has no part, whatsoever, in any DV matters.  They have nothing to do with credit reporting under the FCRA.

The CA itself  has absolutely no obligation to ever respond to your DV letter under FDCPA 809(b).. Ever.

What the CA has sole legal obligation to do is to cease any further active collection activity until such time as THEY choose to provide verification. No time limit attached. Thus, no time period running.

Failure to verify under FCRA 809(b) has absolutely nothing to do with deletion from credit reporting under the FCRA.

CRAs are not a party to the verifiation process under FDCPA 809(b), and shouldl properly dsmiiss any such dispute.

[ONEPICKYONE]

Thanks for the information...

[Anonymous]

Hi ONEPICKYONE!

Just so that I understand-- You've sent two DV letters to the CA, but they did not respond, correct? You sent a deletion demand letter to the CRAs but they validated? Has it been 45 days and/or have they sent you a written response saying that the debt has been validated?

If you've received a written response from the CRA, or it's been 45 days, then file a complaint with the FTC against the CA & the CRAs reporting and your state's AG office. Record the complaint numbers, then send a MOV letter to the CRAs reporting. You can search this forum for example MOV letters. Along with the standard wording requesting the method of verifcation, reference the complaints (by number) to the FTC & the AG, and your intent to swiftly pursue legal action.

[bigman023]

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@RobertEG wrote:

DV letters to a CA are sent under FDCPA 809(b).  They are sttictlly beween the consumer and the CA. The CRA has no part, whatsoever, in any DV matters.  They have nothing to do with credit reporting under the FCRA.

The CA itself  has absolutely no obligation to ever respond to your DV letter under FDCPA 809(b).. Ever.

What the CA has sole legal obligation to do is to cease any further active collection activity until such time as THEY choose to provide verification. No time limit attached. Thus, no time period running.

Failure to verify under FCRA 809(b) has absolutely nothing to do with deletion from credit reporting under the FCRA.

CRAs are not a party to the verifiation process under FDCPA 809(b), and shouldl properly dsmiiss any such dispute.

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This has always confused me. I thought reporting a debt to the CRA's was considered "active collection activity". Therfore, if the CA can't execute a consumer's request for validattion,  the CA shouldn't be reporting the debt, right?  But I guess maybe the CRA's aren't the ones to take on this dispute.  Maybe this fight is best settled between the consumer, the CA, and the courts.

Also, is CRA verification a form of validation, or is the CRA simply asking the CA if what the CRA is reporting, matches what the CA is paying the CRA to report.  It seems as if the CRA's don't investigate if the information CA report are true.  CRA's seem to  only want to verify they are reporting what the CA's have requested the CRA report. Can anyone shed a little more light here.

Message Edited by bigman023 on 01-02-2010 09:28 AM