Creditor Place on Credit During Validation

Anonymous · ‎04-01-2021

I have been cleaning my credit up since August with Credit Repair company. I got up to a 770+ . Most of my the remaining items were about t of all in the next few months. I got a creditor that sent me a debt that suspiciously looks like one that had been removed by another collection company. I assume they bought the debt. Does that mean that if the other creditor couldn't validate and had to remove that this creditor wont have the information either? They even put on my credit during my attempt at debt validation. Didn't tell me they were putting on my credit. Got first letter said you have 45 days to accept this offer to pay this % of an amount to satisfy and befoer the 45 days was even up they put on my report. My scores tanked back down into the 680's. Right in the middle of looking for a house. Any advice? Is it legal to do that during the debt validation? Now the credit repair company is disputing it on my credit report. Should I get an attorney?

dragontears · ‎04-01-2021

@Anonymous wrote:
I have been cleaning my credit up since August with Credit Repair company. I got up to a 770+ . Most of my the remaining items were about t of all in the next few months. I got a creditor that sent me a debt that suspiciously looks like one that had been removed by another collection company. I assume they bought the debt. Does that mean that if the other creditor couldn't validate and had to remove that this creditor wont have the information either? They even put on my credit during my attempt at debt validation. Didn't tell me they were putting on my credit. Got first letter said you have 45 days to accept this offer to pay this % of an amount to satisfy and befoer the 45 days was even up they put on my report. My scores tanked back down into the 680's. Right in the middle of looking for a house. Any advice? Is it legal to do that during the debt validation? Now the credit repair company is disputing it on my credit report. Should I get an attorney?

As long as the CA has collection authority they can place it on your reports before, during or after the debt validation window triggered by their dunning notice.

The "credit repair" company is going to end up with the same result, they might get it deleted but odds are it will show back up as you have experienced. Honestly, you are better off paying/settling the debts with the money you are giving the "credit repair" company, all they do is shotgun disputes.

Anonymous · ‎04-01-2021

@Anonymous wrote:
I have been cleaning my credit up since August with Credit Repair company. I got up to a 770+ . Most of my the remaining items were about t of all in the next few months. I got a creditor that sent me a debt that suspiciously looks like one that had been removed by another collection company. I assume they bought the debt. Does that mean that if the other creditor couldn't validate and had to remove that this creditor wont have the information either? They even put on my credit during my attempt at debt validation. Didn't tell me they were putting on my credit. Got first letter said you have 45 days to accept this offer to pay this % of an amount to satisfy and befoer the 45 days was even up they put on my report. My scores tanked back down into the 680's. Right in the middle of looking for a house. Any advice? Is it legal to do that during the debt validation? Now the credit repair company is disputing it on my credit report. Should I get an attorney?

@Anonymous Welcome. How do you know why the collector removed it? Who said they couldn't validate?

You do realize they're not legally required to validate? First, you have to timely seek validation, otherwise they don't have to respond to it at all. Secondly there's no requirement that they respond at all, just that they cease collection efforts until they comply, if your request was submitted within the requisite number of days from their dunning notice.

it is a normal practice for a collector to sell a debt to another collector. When that happens they are required to remove the tradeline because they no longer have authority to collect. It's not removed because of anything you did or because they could not validate in that situation.

Next, the collector that bought it may report it whenever they like or not at all if they choose to do so. But, since their motive is to get paid, they love to sit back and wait until they see that you are attempting to do something like acquire a mortgage. Then they know they've got you right where they want you because if you don't pay them it's going to screw up your mortgage. It's unfortunate but it's the tactics some use.

if it is in fact it is a valid debt that they have authority to collect or own, they are authorized to report it as long as it is within reporting time frames.

you said they put it on your credit report in the middle of validation without telling you. First validation has nothing to do with putting on your credit report as stated above. If in fact you timely sought debt validation, the only thing it does is impose a cease contact bar, it does not stop them from placing it on your credit report.

secondly, who were you in contact with? The first collector who you say removed it or the new one that you suspect bought it? When was their first contact with you? Did you receive a dunning notice? When? When did you submit the debt validation? What is the DOFD for the debt? Is it past the SOL? Is there a reason that you believe it's not valid? Is it a valid debt?

Anonymous · ‎04-01-2021

Yes I agree with the credit repair company being a waste of money. I learned the process as I went along with them and then I saw it is pretty easy to do the same thing they did. I actually wanted to offer a pay delete when I first got the dunning notice by the attorney for the credit repair company told me not to and that I signed I would not contact the creditor directly. Retaining the new attorney was to try to get them to do a pay for delete as all I have read is this collection company is awful to deal with. I actually think they would have settled for the amount they offered to settle for and not put it on my credit report. I think once they got the debit validation from the credit repair company it triggered them to put it on my credit. Hindsight.

Anonymous · ‎04-01-2021

I ended the credit repair with the agency. I think the statue of limitations in 11/2021 on this debt I cant tell because it doesnt have the date of deliquency and havent received anything from the creditor. Which has been almost 30 days so hopefully I get soon. Thank you.

Anonymous · ‎04-01-2021

You do realize they're not legally required to validate? I did not. Now I do.

First, you have to timelyseek validation...it was within 7 days of getting the letter.

They Secondly there's no requirement that they respond at all...They never have to respond? Just to the bureua I assume?

It's unfortunate but it's the tactics some use....Yes from the reviews and complaints those tactics appear to be this company MO.

Secondly, who were you in contact with? The first collector who you say removed it or the new one that you suspect bought it? The new one

When did they first contact you. The one and only time was the letter I received in mid first of March 'ish".

What is the DOFD for the debt? It shows no where. On the credit report or the notice. I am thinking they are not putting it out there since I think it falls off in November of this year.

Is the debt valid? I do not see how it is because I had insurance I am thinking maybe the hospital did not file or my insurance or something. I was hurt in an out of town sporting event and taken to ER?. I had another one that got taken off that was filed by the radiology department of the hospital. All of my collections were medical accounts 2013-2014 when I was between insurance start dates

Maybe I am using the couldn't validate in the wrong as far as the ones that were taken off. I assumed the other debtors couldn't validate since it got dropped from all the bureaus. Maybe they just didn't respond.

My mortgage lender is saying that I should still be able to get approved with it. I just know I will pay more for the car %

dragontears · ‎04-01-2021

@Anonymous wrote:
You do realize they're not legally required to validate? I did not. Now I do.
First, you have to timelyseek validation...it was within 7 days of getting the letter.
They Secondly there's no requirement that they respond at all...They never have to respond? Just to the bureua I assume?
It's unfortunate but it's the tactics some use....Yes from the reviews and complaints those tactics appear to be this company MO.
Secondly, who were you in contact with? The first collector who you say removed it or the new one that you suspect bought it? The new one
When did they first contact you. The one and only time was the letter I received in mid first of March 'ish".
What is the DOFD for the debt? It shows no where. On the credit report or the notice. I am thinking they are not putting it out there since I think it falls off in November of this year.
Is the debt valid? I do not see how it is because I had insurance I am thinking maybe the hospital did not file or my insurance or something. I was hurt in an out of town sporting event and taken to ER?. I had another one that got taken off that was filed by the radiology department of the hospital. All of my collections were medical accounts 2013-2014 when I was between insurance start dates

Maybe I am using the couldn't validate in the wrong as far as the ones that were taken off. I assumed the other debtors couldn't validate since it got dropped from all the bureaus. Maybe they just didn't respond.

My mortgage lender is saying that I should still be able to get approved with it. I just know I will pay more for the car %

If you pull your reports from annual credit report site only EQ will specify DOFD, TU and EX shows removal date or on record until date (I can never remember which uses which exact terminology)

Your request for validation is timely so either they have to send you validation or they can not call/mail you until they send validation.

Please be aware that "validation" is not what some think it should be. In general all they need is a statement from the OC showing the debt with your contact information.

Anonymous · ‎04-01-2021

@Anonymous wrote:
You do realize they're not legally required to validate? I did not. Now I do.
First, you have to timelyseek validation...it was within 7 days of getting the letter.
They Secondly there's no requirement that they respond at all...They never have to respond? Just to the bureua I assume?
It's unfortunate but it's the tactics some use....Yes from the reviews and complaints those tactics appear to be this company MO.
Secondly, who were you in contact with? The first collector who you say removed it or the new one that you suspect bought it? The new one
When did they first contact you. The one and only time was the letter I received in mid first of March 'ish".
What is the DOFD for the debt? It shows no where. On the credit report or the notice. I am thinking they are not putting it out there since I think it falls off in November of this year.
Is the debt valid? I do not see how it is because I had insurance I am thinking maybe the hospital did not file or my insurance or something. I was hurt in an out of town sporting event and taken to ER?. I had another one that got taken off that was filed by the radiology department of the hospital. All of my collections were medical accounts 2013-2014 when I was between insurance start dates

Maybe I am using the couldn't validate in the wrong as far as the ones that were taken off. I assumed the other debtors couldn't validate since it got dropped from all the bureaus. Maybe they just didn't respond.

My mortgage lender is saying that I should still be able to get approved with it. I just know I will pay more for the car %

@Anonymous as stated by dragontears , your debt validation appears timely.

No, they don't necessarily have to respond to the bureau when you file a CRA dispute, if that's what you mean. It's up to them whether they do; if they do not, the CRA will perform the reinvestigation itself based on the information it already has. they do have to respond to a lawsuit, if you file one, or risk a default.

Like dragontears said, get your reports from annualcreditreport.com.

sounds like they're falling off this year anyway. You may be able to get approved with it, but yeah you're right, you will pay for it.

It may fall off before you know it or maybe you can do a PFD? You may be able to dispute it as being insurance and it fall off. Many people have recently reported disputing things like this on TransUnion via credit karma and it being instantly removed. No way to predict that though that's a YMMV.

Anonymous · ‎04-01-2021

But once again for readers in the future, debt validation has nothing to do with your credit report or its contents. Debt Validation has no other purpose than to stop a debt collector from contacting you/harassing you until such time as they comply with validation, if they decide they would like to.

The purpose of the DV provision of the statute was to prevent harassment, not to assist in correcting the contents of a credit report; there are separate provisions for that.