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My advice, save some money to deal with this if it comes back verified.
The thing is, she has no clue why she all of a sudden owes 5,550.
i disagree. placing an item on credit report is considered collection activity. it must be removed until such time as they have validated the debt. file a cfpb complaint for violation of the fdcpa. i beleive i stated how to word it in an earlier post you made on this same subject.
@polno1234 wrote:i disagree. placing an item on credit report is considered collection activity. it must be removed until such time as they have validated the debt. file a cfpb complaint for violation of the fdcpa. i beleive i stated how to word it in an earlier post you made on this same subject.
I actually don't recall you ever assisting me with help on this subject, but I appreciate the help. I will look into it.
so sorry i went over this in another post. search for "still not updated advice pls"
that should help ya.
@polno1234 wrote:i disagree. placing an item on credit report is considered collection activity. it must be removed until such time as they have validated the debt. file a cfpb complaint for violation of the fdcpa. i beleive i stated how to word it in an earlier post you made on this same subject.
You can disagree, but that's the way it actually is. Now if the DV had placed the cease collection activity on the account, and then they added the TL, I could see the violation. But that is not the case. There is also a misconception with the so called "1-2 punch", where you DV then dispute thinking that they could not verify with the DV in place. That does not work either.
I don't think a complaint with the CFPB is in place, for there is absolutely no violation here, and it would be considered frivolous.
@Shogun wrote:
@polno1234 wrote:i disagree. placing an item on credit report is considered collection activity. it must be removed until such time as they have validated the debt. file a cfpb complaint for violation of the fdcpa. i beleive i stated how to word it in an earlier post you made on this same subject.
You can disagree, but that's the way it actually is. Now if the DV had placed the cease collection activity on the account, and then they added the TL, I could see the violation. But that is not the case. There is also a misconception with the so called "1-2 punch", where you DV then dispute thinking that they could not verify with the DV in place. That does not work either.
I don't think a complaint with the CFPB is in place, for there is absolutely no violation here, and it would be considered frivolous.
there is case law to back up my statement.
@polno1234 wrote:
@Shogun wrote:
@polno1234 wrote:i disagree. placing an item on credit report is considered collection activity. it must be removed until such time as they have validated the debt. file a cfpb complaint for violation of the fdcpa. i beleive i stated how to word it in an earlier post you made on this same subject.
You can disagree, but that's the way it actually is. Now if the DV had placed the cease collection activity on the account, and then they added the TL, I could see the violation. But that is not the case. There is also a misconception with the so called "1-2 punch", where you DV then dispute thinking that they could not verify with the DV in place. That does not work either.
I don't think a complaint with the CFPB is in place, for there is absolutely no violation here, and it would be considered frivolous.
there is case law to back up my statement.
I agree with Shogun, if the TL was already reporting there is no requirement to delete it, the DV places a cease bar on the CA as things sit at that moment until such time as they properly validate according to the law, and this only applies if the DV has been sent in a timely matter. The FDCPA actually says that if a CA reports a new collection it must withing 5 days send dunning, there is nothing in the law that says they must delete until the debt is verified. Please post the case law here so we can see it, we would appreciate it.
Well the big issue here is that she didn't know about it until she saw it on her credit reports, sent in a DV no response. I just need to know what's next.
@Whitneyy wrote:Well the big issue here is that she didn't know about it until she saw it on her credit reports, sent in a DV no response. I just need to know what's next.
Ok, what to do is going to depend whether or not is past the states SOL is it?? If not does your friend have the funds to PIF should they take legal action???