I have been try to get our our credit cleaned up. After checking on CK, I found a bunch of collections on my husbands report. 29 of them....I got his credit report and started going through everything. Mostly medical bills. I am thinking that many of them are the same thing. They have the same amount, the dates are slightly different but all from the same collections company. I sent out verification letters to all 3 CRA. EX and TU have removed most of them. When we sent the letters we had them notarized and also included a copy of his ID and Social security card and sent them certified mail. EQ received it on 5/13. about 2 weeks later we received a letter from EQ saying they couldn't verify his identity. After receiving the letter I sent them a copy of his ID, Social security card and w2. I didn't send it certified mail or have it notarized. Well today I got another letter saying the same thing they said before. I don't know where to go from here. Should i just send another letter?
As a preliminary, was your communication identified as a debt verification request, or did it identify the communication as a dispute under FCRA 611?
DV requests are provided for under the FDCPA, and are sent directly to the debt collector. They can, if timely, impose a cease collection bar, but do not establish any requirement to or period for response.
You can file a dispute under FCRA 611with a CRA if you have basis for asserting an actual inaccuracy in a debt or balance, which is different from a blanket request for debt verification/validation, which is under the FDCPA, and does not establish any period for their response.
Was your communication a formal dispute under FCRA 611, which requires identification of a specific item of repported information that is asserted to be inaccurate, or did you simply send the CRA a request for verification of an asserted debt?
I believe it was a request for verification of an asserted debt. I used a 609 credit verification template that I found online. This is what it said:
According to the Fair Credit Reporting Act, Section 609 (a)(1)(A), you are required by federal law to verify - through the physical verification of the original signed consumer contract - any and all accounts you post on a credit report. Otherwise, anyone paying for your reporting services could fax, mail or email in a fraudulent account.
I then asked them to verify the accounts listed and send me a copy of the verification.
I am just beginning to understand how this all works. I figured that if they got the verification, they would see that many of the collections are duplicates.
I have no way of knowing whats, what on his reports. All of the collections are from before we were married. He works offshore so he doesn't even know what his first wife paid or didn't pay. I have no access to any previous bills. So in order for me to figure all of this out I need to see the actual bills. And even if I see the actual bills- I won't know if they were actually paid or not. But I could, at least see if they are duplicates.
Any help that can be offered is truly appreciated.
FCRA 609(a)(1)(A) does NOT require a CRA to provide verification of an asserted debt.
It provides that a consumer can request a CRA to provide any information of record in their credit file.
It does not provide the consumer to access to supporting information in the files of the party who reported to the CRA,
That internet template is based on an incorrect interpretation and application of section 609(a)(1)(A), and is not appropriate.
Only a furnisher, and not a CRA, has information that can verify the accuracy of a reported debt.
Thus, a CRA has no basis to independently verify the accuracy of any reported information.
Verification can be done by following the formal dispute process provided for under section 611(a), which included mandatory referral of the dispute to the funisher, and reply via verification or correction by the funisher. The CRA would then have basis for verification via its reinvestigation of evidence provided by the consumer in their dispute and in the response provided by the furnisher.
A CRA cannot verify directlly in response to a 609(a) request filed by a consumer.
You need, if you wish verification, to file a formal dispute under FCRA 611(a), forcing an investigation by the furnisher, and reinvestigation by the CRA.