Author Topic: CA has not removed derog from credit report?  (Read 885 times)

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Obby

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CA has not removed derog from credit report?
« on: February 15, 2011 11:36:03 PM »
Ok, sent CA 1# initial validation letter 09/24/2010, second after 0 response on 10/28/2010, again no response. Sent demand letter on 01/19/2011 to remove illegal derog placed on my CR or I would sue in court. As of today, no response and the derog still resides on my CR.
HOWEVER, I sent the last letter as stated above and received a letter from a second CA dated 01/18/2011 stating the CA #1 had authorized them to offer a settlement amount and that I had 30 days to respond or they would consider the debt valid. CA 1# is listed as a CLIENT on CA #2's letter.

Should I respond to CA #2? Or can/should I file suit against CA #1 or both. No validation has been forthcoming from CA #1 and, again CA #2 lists CA #1 as a client?

Obby

CleaningUp

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Re: CA has not removed derog from credit report?
« Reply #1 on: February 15, 2011 11:54:03 PM »
Unless you dispute with the CRA and it comes back verified, you have nothing to complain about.

There is no law (except in TX and maybe one or two other states) that says the CA is required to send validation. Just because you want it off doesn't get it off.



Mischievous Smurfy

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Re: CA has not removed derog from credit report?
« Reply #2 on: February 16, 2011 01:54:51 AM »
Let me be clear ...  I agree with CU ...

but let me get this straight ... not only has CA #1 failed to respond within any reasonable time to your DV but they have apparently sold/assigned the debt to someone else without removing the derogatory information?

this is one place we need more protection ....

(Edit:  What I mean is that there should be some time limit to provide validation or remove the trade line.  Right now they just sit back, do nothing and leave the trade line... this should be clearly prohibited by a requirement to validate or remove within a reasonable time)
« Last Edit: February 16, 2011 02:41:41 AM by Mischievous Smurfy »
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why are we requesting validation instead of disputing???  Why Why Why

Obby

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Re: CA has not removed derog from credit report?
« Reply #3 on: February 16, 2011 02:14:01 AM »
OK, then where does the FDCPA 809. Validation of debts [15 USC 1692g] (b) as well as simple contract law come in to consideration?

CleaningUp

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Re: CA has not removed derog from credit report?
« Reply #4 on: February 16, 2011 09:53:35 PM »
The FDCPA does not require a response to a DV. 

What it requires is that, if the DV was sent within 30 days of receipt of the initial correspondence, collection activities must cease until the verification is provided.

Contract law is why the debtor is being dunned. Nothing more or nothing less at this point.  How else would it be involved?




D

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Re: CA has not removed derog from credit report?
« Reply #5 on: February 17, 2011 08:10:00 PM »
so if it is a violation to continue collection activity after consumer disputed and CA never sent validation and then passes it on to another CA to collect - then is CA 1 in violation or CA2 in violation of the continued collection activity?  I have quite a few that I disputed and no validationprovided and then a different CA starts collecting - never knew this was a violation

CleaningUp

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Re: CA has not removed derog from credit report?
« Reply #6 on: February 17, 2011 08:13:32 PM »
Untested legal waters.  Only 2 jurisdictions have held that a DV travels with the the debt. Those decisions did not say there was a requirement for the DV'd CA to pass it on, although it certainly would seem so if the ruling is to be enforcable.




 

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