Collection does not reply to validation letter

[Anonymous]

Greetings Community -

I have a collection agency on my Experian report that did not send me any notification at all.  I reviewed my report in June and noticed it was added a month prior in May.  Since they never contacted me - this was the first that I heard about it.

I sent them a validation request, and now, being over 30 days since they received the letter - I still have not heard back.  I would assume that since they only put the collection account on my report and never notified me or replied to my validation request - they must be doing something wrong.

What would be the next steps for me to do since apparently, they would rather just put it on my report and never notify me?

Thanks in advanced.

[RobertEG]

There is no requirement that a debt collector must contact a consumer prior to reporting of their collection.

Sending a DV does not impose any requirment to or period for reply by the debt collector.

If the DV was timely, meaning it was sent either without any prior dunning notice, or within 30 days of a dunning notice, then it imposes a cease collection bar on the debt collector, which remains in effect until the debt collector provides the requested debt validation.

There is no 30 day period for which they must reply.

The only apparent violation might be their failure to have sent dunning notice within 5 days after reporting their collection.

While FDCPA 809(a) requires sending of dunning notice after an "initial communication with the consumer," and does not expllicitly include reporting to a CRA as triggering dunning notice requirment, there is appellate case law in some jurisdictions that has interpreeted reporting to a CRA as triggering requirment for dunning notice.

However, lack of timely dunning notice does not effect the DV process,  In fact, it helps the consumer to the extent that it removes any issue of timeliness of the DV request.

You can file a complaint with tHE CFPB if you feel they did not comply with dunning notice requirment, but that wont impose any requiment to either delete their reporting of provide validation within any period.

[Anonymous]

Thank you for the reply RobertEG.  I assume CFPB means Consumer Financial Protection Buereu?  Should I also, send to AG and BBB?

[RobertEG]

The FDCPA is federal law, and your issue is non-compliance with section 809(a), so I would only file a complaint with the CFPB.

Perhaps also a BBB complaint if you want their poor business practice known to others......

[Anonymous]

Thank you!  I just submitted a complaint with the CFPB online.  Also, I will submit a complaint with the BBB.

Thank you for your help.

[Anonymous]

Just to give an update on this thread.

I contacted the CFPB and submitted a complaint online.  They sent a request to to the collection agency and the collection agency came back with:

"All accounts ending associated with the ss# are closed in our office."

So what the CA did was put in on my credit report then closed this account, but kept it on my report without contacting Experian to withdraw.  I think this is wrong of them to do, but at least now i have this to go back to Experain and see if they can take it off.

Should I be able to call Experian or do I need to send validation letter (with printout from the CFPB) or how can I get this entry off since the CA no longer has the account?

Thanks

[RobertEG]

The CFPB took no action.  They simply informed you that the debt collector responded that they no longer have collection authority.

The reporting by the debt collector was proper.

There is no statutory requirment that a debt collector must delete their reported collection if/when they no longer have collection authority.

However, in order to prevent the simultaneous reporiting of more than one collection on the same debt, the CRAs have a uniform policy, as clearly stated n their commun credit reporting manual, titled the "Credit Reporting Resources Guide," that a debt collector report deletion of its collection if their collection authority is teminated prior to satisfaction of the debt.

Recourse is thus to provide whatever evidence you have of termination of the debt collector's collection authority, which in this case would be their repply back to the CFPB, to the CRA, and request that they administravely delete the collection per their own internal policy.

[Anonymous]

Thank you RobertEG

So, in this case, if I understand you correctly, I need to send a letter to the Credit Reporting Agency (Experian), along with a print out of the CFPB case, that since the debt collector (CommonWeatlh) did not report deletion of it's collection since the collection authority is terminated that they (Experain) must administratively delete the collection from my credit report per the Credit Reporting Resource Guide and their own internal policy?

Am I correct?

Thanks in advanced.

[RobertEG]

Yes

[Anonymous]

Thanks. I will update this post (for others to see) when I hear back from the CRA.