Help!! What should I do ?

[Aduke1122]

OK I filed a detailed dispute for a debt with FCO on June 6th , they received my documents June 10th since then all negatives have been removed from reports but they continue to contact me trying to settle the debt even tho they have not provided any verification yet plus it's still inside the 30 days ? They have sent two emails and one phone call with voice message , what should i.do ? Is this a clear violation?

[RobertEG]

What were the specific inaccuracies in reporting that were identified in the dispute?

If the information that was disputed has now been deleted, the dispute is now moot, as there would no longer be any inaccuracy in their reporting.

Verification is a statement that the disputed information was found to be accurate as reported.  Deletion of the reporting obviates any need to verify.

I see no violation as a result of their continued efforts to collect on the debt.

[Aduke1122]

Do they not have to still verify the debt in order to collect on it? Sorry I'm confused , this is the debt from an apartment complex , I've tred and tried to reach out to the landlord tenant boards in that area to no avail to get help on my rights here . I'm just confused , if they don't verify but delete the data , do.they still have the right to collect the debt ? They keep offering me settlement amounts but have made no mention of my dispute

[RobertEG]

I interpreted the post as stating that you filed a dispute.  Your reply infers that it was a request for debt validation.

Was it in fact a request for debt validation under the FDCPA as opposed to a dispute under the FCRA?

The distinction is important.

If you sent the debt collector a request for debt valiation, then its impact is to impose a cease collection bar IF it was sent within 30 days of receipt of their collection ("dunning") notice. 

If you send a timely DV, then any continued collection activites on their part are barred until they first send validation.

There is no time period for their sending validation.  They can choose never to validate, and simply cease collection activities.

[Aduke1122]

Sorry the entire situation is messed up , the CA never reached out to me in any way what so ever , the first time I learned of this debt was when I got my annual credit report in Feb, it had already been on there several mths by them without any letters or calls from them , so I reached out to them to ask why I had never received anything from them , they sent me a letter and said that from the date on the latter I had 30 days to respond with a dispute and so forth so I immediately upon receiving this letter sent lots of documents, pictures, and a letter of my dispute , also asking for so sort of verification bc when I moved I never even got a security disposition about my deposit or a bill or anything , it's a lot longer story but I'm trying to shorten it with the solid facts for you

[Aduke1122]

Now I just called this man back who left me a message this morning , he is from their compliance dept , I have received other correspondence from another lady in that dept also , he said that they already deleted all info from credit reports as a good faith effort to do the right thing , he a knowledged that I was never contacted bf it was listed or after it was listed on report, he says he is willing to meet me half way with a settlement amount of 50 percent off , which will reflect as paid in full , and it will stay off mY credit report so long as it's paid , I really feel like something is off with all this but since I don't know alot about the law and can't afford a lawyer I don't want to pass up on an opportunity to have it paid and stay off my report , they are not one to do PFD they are very tough to work with in that sense so I have read on here . He said he would give me everything in writing also . The amount of the settlement us very very close to what I should really owe so idk if I can get them any lower than this .

[RobertEG]

A debt collector is not required to communicate with the consumer prior to reporting their collection to a CRA.

They should have immediately sent dunning notice, but their delay in sending you their dunning notice is not basis for deletion of their credit reporting.

Your communication to them was a request for debt validation under FDCPA 809(b), and not a dispute of the accuracy of credit reporting.

They are under no period for or requirement to send the requested validation/verification.

They are now under a cease collection bar, preventing them from continuing collection activities until they first send verification.

Any attempts to collect on the debt after receipt of a timely request for debt validation is basis for a formal complant to the CFPB, or for filing of a civil action on your part.

[Aduke1122]

So in terms I may understand , I sent the wrong letter back to them so therefore I really have no rights now?

[RonM21]

What Robert is saying if I'm reading correctly, is that now they cannot try to collect any debt from you until they send you verification. If they try to do that, you can possibly take action against them.

[Aduke1122]

OK I kinda thought that also but a other part also had me confused , so why would they keep trying to settle with me knowing they are supposed to cease all collections until verified