Saturday, October 31, 2009

Debt Validation - Credit Bureau?

I sent a Validation of Debt letter to company listed on my credit report. They did not respond to my request. I sent letter to credit bureau (TransUnion) asking them to remove item; however, they sent me a letter back stating that the debt was verifiied. I do not know what this debt is for and neither the bureau or company are providing me with requested documentation. What can I do? Is there another letter that I need to send out to credit bureau?



Debt Validation - Credit Bureau?

Well first off, whoever this company is just violated the Fair



Credit Reporting Act by verifying an unvalidated debt.



By law, once a collection agency receives a demand to validate letter they must cease collection activity (which includes posting to the credit bureaus) until the debt is validated.



Did you send this letter certified mail return receipt (CMRRR)? If so, you already have them on the hook for one violation of the FCRA, which you can use as leverage to get this removed. If you didn%26#039;t send it CMRRR, you need to do so again.



Assuming you sent it CMRRR the first time and have the signed copy of the green card, wait 30 days from the date it was received and send a 2nd letter, stating they have not validated the debt and are in violation of the FDCPA. Usually they will remove the listing at this point.



If, after 15 days from the date they receive the 2nd letter the listing has not been removed or validated, send them a 3rd and final letter stating they have 5 business days to remove the listing or you will sue them (and you WILL win!)



This first link is a flow chart that breaks down the process.



http://creditinfocenter.com/rebuild/debt...



More info on debt validation, including links to FTC opinion letters.



http://creditinfocenter.com/rebuild/debt...



Feel free to contact me if you need any further help dealing with these people.



Debt Validation - Credit Bureau?

Follow Crazy%26#039;s advice. But note that debt validation is only required if this is a collection agency, attorney, or other 3rd party collector. If it%26#039;s the original creditor you are contacting, they do not need to validate the debt under FDCA laws.



But if you are certain this debt is now yours, and you have notified the creditor of this fact, they are still required to supply you with some sort if verification and must delete this from your report. Failure to do that could result in more penalties to be filed against them. It is now considered %26quot;willful neglect%26quot;, as they are knowingly posting inaccurate info on your report. In addition to more fines, they could lose their right to access anyone%26#039;s credit report due to terms of use violations.



Also, send a letter the credit bureau, but demand that they tell you the %26quot;means of verification%26quot;. What this means is you want to know exactly how they verified this, who they talked to, and how you can get in contact with that person.



If is this a collection agency...read on!



Crazy is more generous then I am...I don%26#039;t take it to the 3rd letter.



But if you do, try this. Go to your local court and pick up a small claims court form and fill it out. Send it (along with that 3rd letter) to the collection agency. When they see that, they will know you mean business.



I%26#039;d give you a great link to a site on how to sue creditors, but I am not at my normal computer with that info. Contact me if you need more info.

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