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Need Help RE:Calvary.needed send Verification ?

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NY2014
Established Contributor

Need Help RE:Calvary.needed send Verification ?

Hello I'm working to clean and verifying charge off from HSBC I don't recall I had I tried to confirm with with HSBC but sold:transfer with Capital One they could not find account for the past 3 months now Calvary Portfolio popes up like a wild flower growing in my garden need advise to stop from reporting due to they haven't sent any verification which I disputed first Not my debt with CRA came back it belongs to me. So find out what this debt from HSBC charge off and called Was told my account they received denied they bought it also had an very old address in another state . Which I gave them my current address to send me a complete verification .well I think it backfired not knowing being very cooperative but I feel they contacted the OC and CRA updated all with now current address I gave but still no letter but the interesting subject about all this I received a letter to me 2days after. I contacted Calvary and updated Again in my credit report what can I do it's been almost 30 days now ? Any suggestions .
Honestly I feel they are avoiding to validate documents. And never had an HSBC at this old address they have . Only my Business account 07/20/11 which I assume that was the debt but it's not .i closed that account fur to someone Business charged it I closed it with a positive balance
Fico Score 10/6 EQ 702,16 INQ,TU 740, 9,iNQ EX 705,21 INQ,13%UTIL-
,10 yrs history,1.6 yr AA Cap1 Plat,VentureOne,QS ,Barckey RCI, BBVA,Amex BCE,CSP,NFCU Flag, NFCU Go,NFCU,Cloc NFCU busin,NFCU busin Cloc,Amex Delta busn,Bj's busn Perks,Hawaiian air busin, Citi dc, Discover IT,Chase Hyatt,U.S bank flex perks.,Am,ex Business Plat JCP. Commercial, citi Hilton
Message 1 of 5
4 REPLIES 4
gdale6
Moderator Emeritus

Re: Need Help RE:Calvary.needed send Verification ?

If you sent them a timely DV and they have not bothered to actually validate it then they cannot continue collection activities till they do and they can still leave the reporting on your CR while they decide what they want to do. There is no law that forces them to actually validate. I would not be speaking to any CA by phone but be communicating only via US Mail to preserve your rights.

Message 2 of 5
NY2014
Established Contributor

Re: Need Help RE:Calvary.needed send Verification ?

Thanks I will send certified Mail today requesting a validation and sense it been and almost 30 days a dum 5day from the receipt of this Letter can I request that ? And send a copy to CRA for record
Question if anyone dan help with answer ?
Does it make a difference when a CA report on three CRA's . 2 report list debt closed and 1. List open still does that sound correct because it's only one that's still reports will other CRA close Can the creditor change this ?
Thanks
Fico Score 10/6 EQ 702,16 INQ,TU 740, 9,iNQ EX 705,21 INQ,13%UTIL-
,10 yrs history,1.6 yr AA Cap1 Plat,VentureOne,QS ,Barckey RCI, BBVA,Amex BCE,CSP,NFCU Flag, NFCU Go,NFCU,Cloc NFCU busin,NFCU busin Cloc,Amex Delta busn,Bj's busn Perks,Hawaiian air busin, Citi dc, Discover IT,Chase Hyatt,U.S bank flex perks.,Am,ex Business Plat JCP. Commercial, citi Hilton
Message 3 of 5
NY2014
Established Contributor

Re: Need Help RE:Calvary.needed send Verification ?

Thanks gdale6 for your insight just wanted to let you know and others that read this Your very right regarding avoid contact with a CA (JB) after I contacted them via Phone giving them information like correct address they immediately updated there files reported to OC HSBC and Paid the account which made them owners never have validation very sleazy unethical in my opinion. I contacted the CRA Equifax and got lucky for once spoke to a nice rep that broke it all down confirming that account was just paid . I was advices to file a complaint because I was never sent anything and they reported updated. I will be sending certified mail stating I have not received they validation and to cease all reporting until I received instructed listed in my letter.allowing 15 days. And will file compliant against your Company .
But I do thank this forum for feedback and hopefully someone in the same situation would and could learn from my mistake this company really horrible in regards. Validation. When someone disputes an account with a CRA with just a printout . My advise. With anyone. Force them to validate first before you settle anything. Keep them Honest. I'm my case I was only trying to validate this account as fraudulent. Never took out a credit card had old address HSBC sold/Transferred to capital one /they couldn't or didn't have any records for the past 6 months and now it appears on my credit report with HSBC ,capital One, charge off /and Calvary Portfolio collections
Reporting open account only with Equifax, closed account with the two other CRA
What a fiasco !
People have setbacks
Fico Score 10/6 EQ 702,16 INQ,TU 740, 9,iNQ EX 705,21 INQ,13%UTIL-
,10 yrs history,1.6 yr AA Cap1 Plat,VentureOne,QS ,Barckey RCI, BBVA,Amex BCE,CSP,NFCU Flag, NFCU Go,NFCU,Cloc NFCU busin,NFCU busin Cloc,Amex Delta busn,Bj's busn Perks,Hawaiian air busin, Citi dc, Discover IT,Chase Hyatt,U.S bank flex perks.,Am,ex Business Plat JCP. Commercial, citi Hilton
Message 4 of 5
RobertEG
Legendary Contributor

Re: Need Help RE:Calvary.needed send Verification ?

The intent of the debt validation provisions of the FDCPA was not to require a debt collector to validate a debt.

The basic intent was to provide consumers with a respit from collection activities until provided certain information.

If a consumer sends a DV either prior to dunning notice, or within 30 days of a dunning notice, it requires the debt collector to cease further active collection until such time as they have first provided adequate validation. 

 

The DV process was also set up primarily as an integrity system, not a legal fact-finding process.

The debt collector is required to investigate and obtain adequate basis to verify.  The statute does not include any provisions requring the debt collector to proivde the supporting documentation behind their determination.  Documentation would only be relevant if both sides were required to provide all documentation, and the process had judges empowered to decide on the inevitable contests over what it does nor does not prove.  The DV process has no judges.

 

A debt collector who verifies without having conducted a reasonable investigation of verifies contrary to what their documentation shows runs the risk if and when the issue of the adequacy of their verification gets before a court, where documentation can be required in the discovery process.

 

Sending complaints regarding alleged violations of the DV process to the CRAs is, in almost all instances, not proper, in that the DV process is a debt collection practices matter under the FDCPA between the debt collector and the consumer.  The CRAs have no involvement in that process.

Message 5 of 5
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