Merrick Bank Debt validation proves I never had an account! Help

[jonmartin]

Hey folks.

I tried to get a Debt Validation for an account that was charged off by Merrick bank Hooters card in 11/2010. They claim my account started on 9/29/09 and that the last payment they received was 7/7/2010. They claim that they included a debt validation which was the original application. However on that document it said that the applicatin was received on 5/26/09 which is 4 months prior to the account opening.  And it also has a big fat "DECLINE" in the Credit decision box. And no open date. How can this be used as debt validation when according to their own document it states I was denied credit? What the best thing for me to do? I really want to get this account off my credit because its holding me back from getting other cards since other creditors I've applied for have all brought it up. The balance is $699 at the moment. 

[RobertEG]

How did a request for debt validation get before the OC?  Validation of debt requests are made to debt collectors, and disputes with an OC dont extend to validation of debts.

[jonmartin]

I dunno I hired lexington law to help with clearing up my credit and i believe thats what they sent. Thats what merrick bank refered to it as.

[RobertEG]

If it was a request for debt validation, they had no statutory requirement to even respond.

However, since they did send you "documentation" that appears incorrect, you can certainly use that information in pursuing a dispute with the OC.

Are you disputing ever having an account with them, or just the date opened?

You can send them a direct dispute over the accuracy of their reporting.  If the issue is simply when the account was opened, they can correct that inaccuracy.  It does not compel deletion of their reporting.  I dont see that a document that does not prove a date of opening of an account is evidence that you never had an account with them.

Perhaps they sent the wrong information. 

In order to verify the accuracy of their assertion that you had/have an account, it is not necessary for them to provide documentation.  They are required to investigate, reach a finding, and provide the results of that finding to you.

I would not hang a legal hat on the improper documentation they provided.  They can correct inaccuracies.  Bottom line is whether you had an account with them that has an unpaid debt.

[jonmartin]

I hear what you're saying but at the same time what if it was a case of identity theft? Wouldn't you just dispute it with them? And if the document they sent was a copy of the application that said it was denied I'm not sure how they can say they can prove and account with them?

[RobertEG]

I have no idea what other documents are in their files pertaining to an account with them. Perhaps a later approval.  Perhaps billing records showing prior payments by you.  I dunno.

If you truly believe that you never had an account with them, you can put that statement into the form of a sworn police report, send it to the CRA and get the alleged identity theft reporting blocked under FCRA 605B, and send a copy to the creditor and demand all business records pertaining to the allegedly unauthorized account under the provisions of FCRA 609(e).

However, if you are aware of an account with them, you most certainly should not take that route.

You have an unresolved issue of debt obligation.  That single document is not, at least in my opinion, dispositive of the issue.