CA Validation Response: Unable to Investigate Dispute

[FluffyBunny]

Hello,

 

I've read and searched these vast forums and I'm not sure I've found a similar post, so here goes my newbie question. I sent a CA a fairly typical validation letter (I hope). Note that it's after the initial 30 days. I'm not sure I ever got anything in the initial 30 days because I wasn't paying attention at that point. Anyway, here is my first letter:

 

Dear <CA>,

This letter is being sent to you in response to a listing on my credit report which I watch very closely. Be advised that this is not a refusal to pay, but a notice sent in accordance with the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following:

· Violation of the Fair Credit Reporting Act

· Violation of the Fair Debt Collection Practices Act

· Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any information to a credit reporting repository that could be inaccurate or invalidated.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

Phone Calls at any time at my home number are unproductive as I’m usually outside in a noisy environment with children and unable to hear. If you wish to communicate or contact me, please correspond through mail sent via the USPS.

Please verify that your records are in order before I am forced to take legal action.

I wasn't quite sure if I was doing it right, but I jumped in and sent that letter and crossed my fingers. The response from the CA puzzled me:

<CA> is in receipt of a letter of dispute made pursuant to the Fair Credit Reporting Act ("FCRA") on the above-referenced account. Our records indicate the account is presently placed with a law firm. Thus, this notice is for the limited purpose of responding to the dispute.

In acknowledgment of the dispute, we have requested that consumer reporting agencies report the account as disputed.

We have reviewed the dispute and find the dispute lacking in any specific facts or information which would allow us to conduct an investigation. Because the dispute alleges no specific information to form the basis for an investigation, we are unable to investigate the dispute pursuant to the FCRA.

Please provide us with the specific information that is being disputed and an explanation of the basis of the dispute.

Any advice on the best way to respond? If the the account is presently "placed with a law firm", then why are they on my credit report and should they be? My instinct was to try to throw it back in their court by responding something to the effect of "I cannot provide information for a claim that I do not understand....Please provide validation that your claim to this debt is legitimate." Or something.

I'm a newbie and worried I could easily make mistakes that hurt me later so I thought I'd better jump in here and get some advice before I sent off the next letter.

Thanks so much!

[jack1212]

They think you are doing a FCRA dispute instead of a FDCPA dispute.

 

A FCRA dispute requires one to be specific about what they are disputing.

 

It seems the 30 day deadline is what triggered this. There is no 30 day deadline under the FDCPA. However there is one under the FCRA.

 

That's why I stress not to mention a 30 day deadline in a FDCPA dispute.

[CreditSucksNot]

 

Dear <CA>,

This letter is being sent to you in response to a listing on my credit report which I watch very closely. Be advised that this is not a refusal to pay, but a notice sent in accordance with the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following:

· Violation of the Fair Credit Reporting Act

· Violation of the Fair Debt Collection Practices Act

· Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any information to a credit reporting repository that could be inaccurate or invalidated.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

Phone Calls at any time at my home number are unproductive as I’m usually outside in a noisy environment with children and unable to hear. If you wish to communicate or contact me, please correspond through mail sent via the USPS.

Please verify that your records are in order before I am forced to take legal action.

 

ALL that letter did was tell the CA you can cut and paste from the internet. Most of the stuff listed in the demands is not required under the FDCPA or FCRA for validation. Not to mention that unless you sent it within 30 days of their first dunning you they could ignore your letter without being in violation. You would have been much better off sending a letter that simply said "I dispute this debt" and leaving it at that.

 

 

If the the account is presently "placed with a law firm", then why are they on my credit report and should they be?

 

Nothing in the FDCPA says they are required to delete the trade line simply because they send it to a law firm for potential litigation. Many creditors now remove the trade line to avoid possible counter claims of FDCPA violation(s)

 

 

 

Any advice on the best way to respond?

I'm a newbie and worried I could easily make mistakes that hurt me later so I thought I'd better jump in here and get some advice before I sent off the next letter.

 

 

If the SOL for a lawsuit is still alive and they have sent this debt to a law firm I would lay low. My guess is you may have poked a bear and got him angry and now may be facing a lawsuit over this debt.

 

Who is the creditor and how much to they say is owed?

[ICANHASMUNY?]

Common tactic - A real DV can only be sent after a letter from the CA is received

 

if you dispute anything found on your reports, then it's a FCRA dispute where they can ask for more information and refuse to reinvestigate if your dispute is'n't specific.

 

also, if you haven't disputed directly with the CRA's they can refuse to re investigate

 

marking it as disputed satisfies the FCRA