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I recently noticed a new collections my report. I disputed it through Equifax and it came back saying it was veryified. I then sent a certified Dept Validation Letter to the collection agency requesting additional information on the debit. After 30+ days I have not heard back from them.
What is my next step to have this removed from my credit report as I believe it is in error. Any help that anyone can lend would be greatly appreciated.
Who is the collection agency?
Is it a valid debt?
The collection agency is 11 Charter Communications and I don't believe it is a valid debt. That's why I sent to them a Debt Validation Letter, which I didn't receive a response back.
According to the FDCPA, the right to debt validation is triggered only after receiving an initial communication and the 30-day validation notice. Finding a collection entry on one's credit report is not considered to be an initial communication. Therefore, the right to request validation under the Act has not been triggered.
When the right to debt validation has been triggered, a consumer must send the request within 30 days of receiving the 30-day notice. There is no time limit for the debt collector to respond. He can take as long as he chooses to respond but cannot continue collection efforts until he validates. In fact, he never has to respond at all as long as he never attempts to collect again.
@Anonymous wrote:The collection agency is 11 Charter Communications and I don't believe it is a valid debt. That's why I sent to them a Debt Validation Letter, which I didn't receive a response back.
This sounds line Charter Comms in house collection dept, an OC cannot be DVed that applies to actual CAs only. You might call Charter and ask what this is all about and if you deem it to be fraudulent you can use the ID Theft laws afforded you in the FCRA to have it removed from your CRs.