No response to debt validation - Collection agency put collection on credit report

[glamchick]

I received an invoice from a collection agency from Verizon (which I do not owe).   I sent them a debt validation letter.  They never responded within the 30 days and now they have placed the collection on my CR's.  Is this a voilation?  I am going to dispute it for now.

[gdale6]

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@glamchick wrote:

I received an invoice from a collection agency from Verizon (which I do not owe).   I sent them a debt validation letter.  They never responded within the 30 days and now they have placed the collection on my CR's.  Is this a voilation?  I am going to dispute it for now.

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If you sent it in a timely fashion then yes it would be a violation as long as they received your DV prior to it being reported. If its not yours dont fool with them and just use the ID Theft laws afforded you in the FCRA to have it removed quickly.   

http://ficoforums.myfico.com/t5/General-Credit-Topics/Victim-of-Identity-Theft-What-To-Do-to-Protect...

[glamchick]

I sent the debt validation in February.  They posted the collection in June.  Is there a letter I can send that they are in violation?

I had an account with them and I cancelled but I did not have a balance when I cancelled.

[gdale6]

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@glamchick wrote:

I sent the debt validation in February.  They posted the collection in June.  Is there a letter I can send that they are in violation?

I had an account with them and I cancelled but I did not have a balance when I cancelled.

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If you have proof of the delivery of the DV in February and have you never received validation then you would send them an ITS (Intent to sue) letter, the violation is worth 1K. ITS letters can be Googled I dont know of any templates we have on them.

Adding: You can also file a complaint against them with the CPFB and ask as remedy that they pay the 1K as part of remidiation for violating the FDCPA.

[RobertEG]

When did they send dunning notice?

There will be no violation if the DV was not sent within 30 days for dunning notice.

Even if there is a violation, it is not a huge deal, and wont ensure removal of the reported collection.

The CFPB can issue a nasty gram for that violation, but the debt collector can simply provide the lacking validation and then re-report without limiitation.

The CFPB cannot themselves impose a civil penalty for violation.  That must be awarded by a judge.

While you may be able to show a violation, it wont necessarily provide any lasting impact on their reporting.

I would pursue in a manner that will address the real issue.... your documentation of no debt.

I would suggest pursuing by addressing the substantive issue of "no debt = no collection."

If the collection is on the closed account and you have evidence that there was no debt balance on the account, I would pursue by way of a direct dispute of the accuracy of the collection, including your documentation of a $0 balance on the account.

Documenation of inaccuracy opens the door for a dispute rather than a DV.  A dispute has a mandated response period, whereas a DV does not.

That will impose a 30'ish day requirement for the debt collector to investigate and verify the credit reporting, and to delete if they cannot verify th accuracy of the debt.