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Question about disputing

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Established Member

Question about disputing

Hi,
So I have a question about when you're disputing items, how to handle when you don't receive a validation of debt letter. As we have received like one or two from the companies as we have moved from our old address but it's one from like 6 years ago that is reporting as a new charge off. It was originally one account but somehow after it charged off was split in two and one fell off. Then shortly after the second account pop up. We are working to work towards securing a mortgage just looking for insight. Thanks in advance.
Message 1 of 11
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Super Contributor

Re: Question about disputing


@Armcneil wrote:
Hi,
So I have a question about when you're disputing items, how to handle when you don't receive a validation of debt letter. As we have received like one or two from the companies as we have moved from our old address but it's one from like 6 years ago that is reporting as a new charge off. It was originally one account but somehow after it charged off was split in two and one fell off. Then shortly after the second account pop up. We are working to work towards securing a mortgage just looking for insight. Thanks in advance.

Are you saying there's 3 total collections? Or. Is it 1 or 2 from the same company?

What is the one from 6 yrs ago and now it says charge off by who the OC?

Split in 2 is confusing.

Try listing the collections by Company/Amount Owed/ DoFD. Then we can help.

Message 2 of 11
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Community Leader
Senior Contributor

Re: Question about disputing

It sounds like OP is saying the two reportings on the account are from the OC and the CA. Then the CA fell off and a new CA popped up, as if the first CA sold the debt. OP, can you confirm that this is the case? And also, please list out everything as @FireMedic requested so it’s easier to guide you.


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Message 3 of 11
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Super Contributor

Re: Question about disputing


@ImTheDevil wrote:
It sounds like OP is saying the two reportings on the account are from the OC and the CA. Then the CA fell off and a new CA popped up, as if the first CA sold the debt. OP, can you confirm that this is the case? And also, please list out everything as @FireMedic requested so it’s easier to guide you.

+1 Who's on 1st?

Message 4 of 11
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Community Leader
Senior Contributor

Re: Question about disputing

😂😂😂


Rose Gold NPSL | BCP | Delta Gold | Hilton Surpass | Hilton Honors | PenFed PCR | IT Cash | IT Chrome | GHSFCU Visa Plat | Quicksilver | Target | VS | Home Depot | Lowes | Sams MC | Firestone | Overstock | Kohl’s | 2017 Audi A6 Prestige S-Line





TCL $85,100| Agg. Util under 5%
Message 5 of 11
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Established Member

Re: Question about disputing

Okay, so the OC was Aaron's, we had one account for a bed and a TV. I pulled my husband TransUnion report but it isn't listed, the report that it's listed on I have to send his information to verify as obvious the information listed didn't match what I entered. Last year when we were working with a credit repair company, they sent out dispute letters and we received validation back from a few but this one company we never received anything. I was asking if we should do another request for a validation of the debt and how to handle it if we don't receive anything from them?
Message 6 of 11
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Super Contributor

Re: Question about disputing


@Armcneil wrote:
Okay, so the OC was Aaron's, we had one account for a bed and a TV. I pulled my husband TransUnion report but it isn't listed, the report that it's listed on I have to send his information to verify as obvious the information listed didn't match what I entered.Is ths on EQ or EX? Last year when we were working with a credit repair company, they sent out dispute letters and we received validation back from a few but this one company we never received anything.CRC's can mess so much up. I was asking if we should do another request for a validation of the debt and how to handle it if we don't receive anything from them?

If you have a copy of the validation letter that the CRC sent to the OC. And the debt collector does not send sufficient proof of the debt, it is not allowed to continue collecting the debt from you. That includes listing the debt on your credit report. You can dispute the debt that hasn't been adequately validated with the credit bureaus. Send the credit bureau a copy of your debt validation letter along with the certified and return receipts to help get the account removed from your credit report.

Message 7 of 11
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Established Member

Re: Question about disputing

Okay, unfortunately they didn't provide a copy of the validation letter that they sent them. So I guess I would have to start my own paper trail with validating letters. But thanks for the insight.
Message 8 of 11
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Super Contributor

Re: Question about disputing

Can you go by that place and ask for it? You did pay them to do a service and they should have a file on all the corresponces they did do for you. Cant hurt to try. You'll need that paper trail.

Message 9 of 11
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Legendary Contributor

Re: Question about disputing

I assume that you are referring to "disputing" as the filing of a request for debt validation under the FDCPA, and not to the filing of an assertion of inaccuracy of information in your credit report under the provisions of the FCRA.

 

Debt validation requests only apply to debt collectors, not to original creditors.  See FDCPA 809(b).

A debt validation request sent to an original creditor has no formal response requirements, or any provisions for deletion of credit reporting.

Your contract with the original creditor along with subsequent billing statements consitutue ongoing validation by the creditor of the current status of the debt.

 

If you send a DV request to a debt collector, it imposes a cease collection bar under the provisions of FDCPA 809(b), but only if the request was timely, meaning sent within 30 days of dunning notice.

Even if timely, a DV only requires that the debt collector cease continued collection activities until they have first sent the requested validation.  A timely DV does not mandate any deletion of credit reporting, or set any period for or requirement to send validation.

 

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