CA Verified Account with CRA's Before Validation

[jlyriq]

I just saw that a ca verified the account with the CRA's before the validated it with me, isn't that a violation of some sort?

[Trish]

Yes, it's a violation of the FDCPA section 809(b).

[jlyriq]

So what's my next step? Do I file a complaint with the FTC?

[Trish]

How long has it been since they received your DV?

[jlyriq]

2-2 and a half weeks

[Trish]

I would give it a full 30 days and then send them a DV2.....

Here's a sample letter you can use, just be sure to modify it if you need to.

CA
CA addy

June 18, 2003

RE: Dispute Letter of 05/15/03

Dear Sir/Madame:

I have not heard back from you [or I have not received validation from you] in over 30 days regarding my registered notice of dispute dated 05/15/03. You have also not supplied the demanded proof of the alleged debt. Your continued silence is unacceptable.

For the record, I state again that as I have no account with you, nor am I your customer, nor have I entered into a contract with you, I must ask to attach copies for the following information in addition to the form provided at the end of this letter:

1. Agreement with your client that grants you the authority to collect on this alleged debt
Copies of all notices of repossession, proof of legal delivery of said notices
2. Full accounting of the proceeds of repossession sale, and proof of sale being held in a commercially reasonable manner
3. Account history including beginning balance, every payment received and date it was posted to the account, any fees charged to the account, interest and interest rate charged to the account, along with any other account information you may have available.
4. Agreement that bears the signature of the alleged debtor wherein she agreed to pay the creditor.
5. Any insurance claims which have been made by any creditor regarding this account
6. Any judgments which have been obtained by any creditor regarding this account

You have fifteen (15) days from receipt of this notice to respond. Your failure to respond in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter(s) in error. If so, then I expect you to remove this alleged debt from my credit files and I will consider this matter is permanently closed.

Failure to respond within 15 days of receipt of this registered letter or failure of the removal of the incorrect information from my credit reports will force me to consider legal action in a small claims action against your company. I will be seeking damages [Insert your own violations here](The Fair Debt Collection Practices Act) (Fair Credit Reporting Act) for the following:

Violations of the FDCPA for the following:
Unfair practices (The Fair Debt Collection Practices Act)
False or misleading representation (The Fair Debt Collection Practices Act)

Violation of the FCRA because you state that you are responsible for how the tradeline is being reported to the credit-reporting agencies, you are also in violations for the following:
� 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. � 1681s-2] (Fair Credit Reporting Act)

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.

I affirm under penalty of perjury under the Laws of the Land for the United States of America, that the foregoing is true and correct, to the best of my knowledge and belief.

Sincerely,

Your name

This way.....not only does it point out the fact that they have ignored your request for DV but also that they are in violation and you plan on filing complaints and/or possibly taking legal action.

*one thing you could even do (whether you actually do it or not is up to you) is put cc: to their states AG or ACA international, FTC....(whoever you want to or plan on complaining to) at the bottom of the letter

[jlyriq]

Hey Trish I think u might have gotten mixed up :-) this was another CA that verified with the CRA's not the car loan company

[Trish]

No, I wasn't thinking about the car loan/repo......this letter is good for a CA that hasn't responded but verified with the CRAs (or violated in any other way). It's just another version of a DV2 with a hint of ITS. :D

I did post a letter for the repo though......did you see that one?

[jlyriq]

My mistake :-) Yes I did get that one and I will be mailing it out in the morning. Thanks

[Trish]

Good! Let me know how that turns out!

The letter above is a bit wordy, but necessary if they are going to completely ignore you and then verify it with the CRAs. You can definitely chop it down to what you're comfortable with.

And hey, if you want to give them more rope to hang themselves with don't threaten anything, just send a very simple DV2 asking for validation again. If they've already violated once, chances are they will again. That will give you even more leverage for a delete and possibly a settlement check if you want to really push it.