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Morning! I have a collections for $94 from Bug Out and it's with a local collection agency (and has been since 2011). $94 is no big deal except they are reporting it's from a time when I didn't live there...and my ex paid the account always and the date they are claiming it's PD from is a year after he no longer lived there - he left before I did. I've asked, repeatedly, for validation of the bill or delete it. I've filed with the CFPB on 3/2 and haven't heard back, however, the collection agency sent me a new collection notice last week saying they'll take more action...(haven't heard from them in years, but my address was on the complaint). I've even contact the business to send me validation and they never responded.
I filed online disputes with all 3 bureaus and TU deleted yesterday but Equifax just said they were able to verify the account belonging to me and closed the dispute.
I know it's not a huge amount, but now it's the principle of the matter.
What can I do about the other 2 bureas?
Thank you!
@Anonymous wrote:Morning! I have a collections for $94 from Bug Out and it's with a local collection agency (and has been since 2011). $94 is no big deal except they are reporting it's from a time when I didn't live there...and my ex paid the account always and the date they are claiming it's PD from is a year after he no longer lived there - he left before I did. I've asked, repeatedly, for validation of the bill or delete it. I've filed with the CFPB on 3/2 and haven't heard back, however, the collection agency sent me a new collection notice last week saying they'll take more action...(haven't heard from them in years, but my address was on the complaint). I've even contact the business to send me validation and they never responded.
I filed online disputes with all 3 bureaus and TU deleted yesterday but Equifax just said they were able to verify the account belonging to me and closed the dispute.
I know it's not a huge amount, but now it's the principle of the matter.
What can I do about the other 2 bureas?
Thank you!
I would call them and talk to a person about all the inaccuracies and tell them they are violating FDCPA Section 809
FDCPA Section 809. Validation of debts [15 USC 1692g]
If a creditor can't validate a debt:
A collection agency CANNOT report a debt to the credit bureaus which has not been validated, and, you can sue in federal or state court if you have them on a violation. You could receive $1,000 for the incident plus damages. Small claims court, anyone?
http://www.creditinfocenter.com/rebuild/debt-validation.shtml
Good Luck!
@Anonymous wrote:Morning! I have a collections for $94 from Bug Out and it's with a local collection agency (and has been since 2011). $94 is no big deal except they are reporting it's from a time when I didn't live there...and my ex paid the account always and the date they are claiming it's PD from is a year after he no longer lived there - he left before I did. I've asked, repeatedly, for validation of the bill or delete it. I've filed with the CFPB on 3/2 and haven't heard back, however, the collection agency sent me a new collection notice last week saying they'll take more action...(haven't heard from them in years, but my address was on the complaint). I've even contact the business to send me validation and they never responded.
I filed online disputes with all 3 bureaus and TU deleted yesterday but Equifax just said they were able to verify the account belonging to me and closed the dispute.
I know it's not a huge amount, but now it's the principle of the matter.
What can I do about the other 2 bureas?
Thank you!
I thought I replied to this, but it's gone! So here it is again. I would call and speak with a person and let them know that the debt buyer is violating FDCPA Section 809!
FDCPA Section 809. Validation of debts [15 USC 1692g]
If a creditor can't validate a debt:
A collection agency CANNOT report a debt to the credit bureaus which has not been validated, and, you can sue in federal or state court if you have them on a violation. You could receive $1,000 for the incident plus damages in small claims court
Good Luck!
Thanks for that info!
I filed earlier today with Experian online and just said that I have asked repeatedly for validation and have received none and that TU deleted yesterday...and I already got a reponse back from them that they deleted it! What a pain!
The consumer cannot require a debt collector to either provided validation or delete their reporting.
There is no basis for such a requirment under either the FCRA of FDCPA.
Debt validation under FDCPA 809 is a process that, if timely, imposes a cease future collection activities requirment on the debt collector until such time as they may choose to provide validation. They can alternately choose not to send valiadation, and there is no violation unless they continue active collection.
if they reporte prior to receipt of a timely DV,, they are not required to delete that reporting.
As for their recent letter seeking collection, it woud be a violation only if the prior DV was timely, meaning it was sent within 30 days of dunning notice.
If the DV was timely, then further attempts to collect would be a violation that the consumer could address by way of complaint to the CFPB or by bringing their own civil action seeking damages. However, neither of those remedies woud include required deletion of the reported collection.
As for the subsequent filing of disputes with each CRA, what specifically was disputed?
When their reporting with TU was deleted, how and why was it deleted? Did the debt collector report deletion to the CRA, or did you receive a formal Notice of Results from TU indicating that they (TU) are the ones who deleted based on lack of verification of whatever was disptued?
A deletiion with one CRA is not itself basis for deletion with other CRAs. The debt collector could have chosen, for example, to voluntarily delete with one CRA, and verify with the others. If they did verify with any one CRA, that indicates that they do not consider their reporting inaccurate, and thus is not basis for requiring their deletion with any other CRA. A furnisher is only required to report their deletion to othe CRAs if they determine that it is inaccurate or cannot be verified.
Based on the facts presetnted, I see no requirment to delete their reported collection.
@Anonymous wrote:Thanks for that info!
I filed earlier today with Experian online and just said that I have asked repeatedly for validation and have received none and that TU deleted yesterday...and I already got a reponse back from them that they deleted it! What a pain!C
You're welcome. Congratulations on getting it removed!
I just posted an update on a new thread (now it's a whole new direction!) Thank you