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VZV - Pinnacle-1 Law firm- 2 law firm - Delete acct 30-90 days?

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Anonymous
Not applicable

VZV - Pinnacle-1 Law firm- 2 law firm - Delete acct 30-90 days?

Pinnacle reporting: $2000 to all 3 CRA since Oct-2013.
Original Debt: Verizon - charge off on 2010 (Not reporting to any CRA)

I sent Debt Validation (07/2014) to Pinnacle but they did not sent any letter. Then after about a month, I got contacted by a law firm based in Chicago saying they are collecting on behalf of Pinnacle. I explained them that it is not my debt and also emailed the person a copy of usps signature return delivered to Pinnacle. They said they are closing the account.
After another month and another failed validation request, I called Pinnacle and they transferred me to another law firm. The new law firm said that the account is in dispute and hence it will be deleted from the CRA within 30 to 90 days. Its been more than 40 days and no change happened except one than in my TU - the pinnacle account shows as closed status but still reporting balance of $2000. I disputed this with all 3 CRA - but they said it is validated.
I am planning to get mortgage and as per the law firm, they say pinnnacle shouuld be deleted within next 2 months - and that they can not expediate this process. What options do I have? Unfortunately I have no paper response from them - only verbal phone confirmation. Does it really take 90 days to fall of from CRA or is it that they are just BullSing me? Anything that can be done from my side just to be 100% confident that it will fall off?
Is it advisable to report it to CFPB/BBB or dispute the same with CRA or just sit tight and wait and hope they will remove it?
Thanks.

Message 1 of 8
7 REPLIES 7
Anonymous
Not applicable

Re: VZV - Pinnacle-1 Law firm- 2 law firm - Delete acct 30-90 days?

If it is really 'not your debt', then file an ID theft report. Then dispute it with the CRA's and send them a copy of the ID Theft report. That would get it off there quickest I think.

Message 2 of 8
RobertEG
Legendary Contributor

Re: VZV - Pinnacle-1 Law firm- 2 law firm - Delete acct 30-90 days?

They have no time period to validate.  Their decision to delete is voluntary at this point, so you cant require them to expedite.  You can only call and ask.

Assuming your DV was timely, they are under a cease collection bar, and have no requirement to do anything other than cease active collection.

 

What would be the basis for a dispute or complaint to the BBB or CFPB?

 

If you can state under oath that you never had an account with the asserted OC during the period, then you could file a police report and use it to obtain a block of all info related to the alleged identity theft under the provisions of FCRA 605B.  That does not require you to file a dispute.  The second 605B blockage procedure is an option to and separate from any dispute process, and does not require you to document any inaccuracy, only to make the sworn statement before law enforcement.

 

If you cannot make such a statement, you should not file a police report.

Message 3 of 8
Anonymous
Not applicable

Re: VZV - Pinnacle-1 Law firm- 2 law firm - Delete acct 30-90 days?

Thanks for reply

My base would be that they have failed to provide the debt validation. I have return signatures receipt and I have never been contacted or served any dunning letter etc. Should this not be enogh to stop reporting and delete the account?

I am not interested in fraud report option since I am in procedure of naturalization and would prefer not get into the legal mess.

Thanks

Message 4 of 8
RobertEG
Legendary Contributor

Re: VZV - Pinnacle-1 Law firm- 2 law firm - Delete acct 30-90 days?

A debt collector can report prior to sending any dunning notice, and without any prior notice to the consumer.

Thus, lack of compliance with eitehr dunning notice or any debt validation is not basis for credit report deletion.

 

Reporting to a CRA is considered under case law to be an act that triggers the requiement of FDCPA 809(a) to send dunning notice within 5 days.

If they failed to do so, then you have a violation of their debt collection practices requirments.  That is separate, and does not render their credit reporting inaccurate or otherwise impermissible.  You can pursue a lack of dunning notice violation by complaint to the CFPB.

 

Similary, lack of response to DV is nether a violation nor a basis for credit report deletion.

Violation would occur should they continue active collection without having first provided the requested validation.

Message 5 of 8
Anonymous
Not applicable

Re: VZV - Pinnacle-1 Law firm- 2 law firm - Delete acct 30-90 days?

What would be the 'Active Collection' in this case?

- Is it only when they call or mail me in order to collect the debt

- Does reporting to CRA and updating to CRA on monthly basis considered 'Active Collection'?

Message 6 of 8
RobertEG
Legendary Contributor

Re: VZV - Pinnacle-1 Law firm- 2 law firm - Delete acct 30-90 days?

Technically, any activity to further collection on the debt would be a violation if they are under a cease collection bar.

Yes, that would include additional reporting to a CRA.  However, the cease collection bar is not retroactive to any reporting made prior to their receipt of a timely DV so would not be basis for deletion of that reporting.

 

It appears that they may be in the process of voluntary deletion.

Pursuit of any CFPB complaints may be counter-productive at this time, and I would not recommend that path.

Message 7 of 8
Anonymous
Not applicable

Re: VZV - Pinnacle-1 Law firm- 2 law firm - Delete acct 30-90 days?

Thanks for the information. 

I can see that they have reported to TU on October 9, 2014 - would this not be a violation itself? Considering the fact that I was told it would be deleted in 30 to 90 days and on Oct 9 - it would have been about 15 days - The Remarks on the report read 'Account information disputed by consumer, meets FCRA requirements'

Also, if I dispute the same account with CRA - would that be helpful? I did that past 2 times but in vein.

Message 8 of 8
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