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08-07-2012 08:03 AM
This company holds this $313 debt that I can't get validation for. Equifax says DOFD is 1/06, so it should fall off as early as january of next year, july '13 at latest. I don't want it to linger around any longer, so other than a PFD (which is out of the question, because I firmly believe it is not mine.), what are my options? I've sent two DVs,both of which come back with "give us more info", and a letter that basically reads "you can't validate and prove this is mine so you're in violation of federal laws. Delete it or my attorney will contact you." It's out of Texas' SOL, so I'm not worried about any legal action. Do I wait 45 days for it to go away, or for a letter FINALLY proving that it's mine?
08-07-2012 08:05 AM
Oh, and DOFD is 1/06, but it posted on my CR on 8/11. WTH is the deal with that?
08-07-2012 12:10 PM
I had the same problem with them. They reported an account on my CR in February of 2012 stating the collection was opened since 2009! I too sent a DV letter and got no response. I went further and filed a complaint with the FTC as they never sent any "Dunning Notice" and also filed a complaint with the BBB. FInally got a response back from the BBB complaint stating they agreed to delete.
08-07-2012 12:48 PM
First, the CR exclusion period is 7 years plus 180 days from DOFD, so the CR exclusion date would be after 7/2013.
Second, it is not a violation of the FDCPA if verification has not been provided. There is no required period for response to a DV. Their "penalty" for absence of verification is the cessation of collection on the debt until they provide the requested debt verification (presuming your DV was timely).
Violation of the FDCPA occurs if and when they conduct collection activities without having first provided the requested debt verification.
The CRAs are not involved in issues of debt verification under the FDCPA, so it is not a disputable issue.
Being a resident of Texas, you can additionally send a separate request for verification under the TX state debt collection statute, which does compel a response within 30 days.
A DV under the federal FDCPA does not automatically require separate compliance with the TX statute. If you send a request under the TX statute, their reponse is required within 30 days, and if it does not include the requested verification, they must delete the information from your CR until such time as verification is provided.
I suggest you send a request under the TX state statute.
08-07-2012 01:30 PM
But if they're continuing to update on my credit report, isn't that considered as trying to collect without verification?
08-07-2012 01:44 PM
And my DV included reference to the Texas financial code 392 (i believe thats the right section), and still nothing.
08-07-2012 02:20 PM - edited 08-07-2012 02:21 PM
Had the same problem with National Recovery with a debt from 06 that I had no idea about. Apparently, when I was ordering Thomas Kinkade flags, it subscribed me for 1 year..moved, unknowingly became in debt, but had no contact or heard NOTHING from The Hartford Co, or National Recovery until Feb of 2012! Granted, thank goodness for Scorewatch, I got on it right away, and a PFD with NR was super easy..just a phone call. It was deleted from my CR within 30 days........
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