Credit bureaus "Validate" anything without even looking at it

[lns1976]

@Stugotsv10 You have to ask for this directly from the original Creditor "NOT" through the Credit Bureaus.

These requests for validation of debt need to be in writing, not over the phone.  

Once you push the letters in writing to the OC (original creditor) they have set times to provide "YOU" valid proof of the debt.

If they can't, then you dispute with the CRAs with your documentation directly from the OC showing they can't validate the debt.

You should be dealing directly with the Original Creditor until you have proof in writing from them the debt isn't yours.  

No other agency is going to help you deal with the Original Creditor, they are all just middle men.  You need to do it yourself.

[OmarGB9]

If they keep somehow magically validating even though they have no records, I'd hire a lawyer. I'm sure it'd be a slam dunk for them and I'm sure there's some out there who won't charge you anything upfront and will just take their cut of the damages.

[Remedios]

@Stugotsv10  is this account present on all three CRA or just one? 

[vntrsc]

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@lns1976 wrote:

@Stugotsv10 You have to ask for this directly from the original Creditor "NOT" through the Credit Bureaus.

These requests for validation of debt need to be in writing, not over the phone.  

Once you push the letters in writing to the OC (original creditor) they have set times to provide "YOU" valid proof of the debt.

If they can't, then you dispute with the CRAs with your documentation directly from the OC showing they can't validate the debt.

You should be dealing directly with the Original Creditor until you have proof in writing from them the debt isn't yours.  

No other agency is going to help you deal with the Original Creditor, they are all just middle men.  You need to do it yourself.

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When you refer to "valid proof of the debt", do you mean the furnisher must provide documentation to the consumer proving the debt?  If so, which part of the FCRA places that requirement on a furnisher?  I can't seem to locate it.

[Stugotsv10]

its on Experian and Equifax not on Trans

[lns1976]

@vntrsc

At this point they are a debt collector.  They are claiming he owes a debt that he states is not his and he doesn't owe.

https://www.consumerfinance.gov/ask-cfpb/what-information-does-a-debt-collector-have-to-give-me-abou...

[vntrsc]

@lns1976 

If the information on the credit report is being furnished by a bank or institution that claims it originated the debt and is collecting for itself, it is not a "debt collector" as defined by the FDCPA.  A debt collector collects debts owed to others.  See 15 U.S. Code 1692a(6).  

The right to validation afforded by the FDCPA is triggered only after receiving an initial communication.   See 15 U.S. Code 1692g(a).  The  courts that have ruled on the issue have ruled that credit reporting is not an initial communication that triggers a consumer's validation rights because it is not a communication made directly with the consumer.

The OP has disputed with the credit reporting agencies which was the proper channel and action.  If he knows for sure that the debt is not his, he should contact an attorney for violations of the FCRA and any state laws that may be applicable.

[lns1976]

@vntrsc That link was a quick search but I'm not going to go dig up the laws.

The OP has already been recommended to talk to an attorney and consumer laws do protect people from both ID theft fraud that causes this and from fraudulent tradelines that get opened up by companies.

The attorney will know the laws for the OP that will handle his situation, but he is protected based on his statements on here of what is going on.

[Stugotsv10]

I'm waiting on calls back from 2 Lawyers actually