ca did not send DV response but Equifax won't delete

[KKDEHAAN]

I have an account reported on my credit report that I sent a DV letter and follow up letter to the CA for and never received ANYTHING from them. I then filed a dispute online with Equifax on Thursday. It is Saturday and I got an email from them saying they finished investigating the dispute and the account does belong to me. I have no idea what to do now. I thought if the CA didn't validate they had to remove, but they didn't respond to my request and it's been almost 45 days. Then in a matter of two days Equifax says they proved the debt is mine? HELP, what can I do?

[Scorepro]

First, for informative purposes, is the debt you are disputing an accurate debt?
Did u send the dispute to CA via certified mail? If so, do you have proof of receipt?

The CA's don't have to delete it if they don't validate in 30 days. The credit bureaus are the ones to investigate your dispute or delete.

First, u should not have disputes online. That is never a good idea. By doing so, you made it that much easier for the CB to do the half-ass job they always do when investigating a dispute. Not that they don't do it when they get a letter, but having the dispute initiated online just facilitated the whole process. I realize you probably were not aware of that, but this is why we are here, right.

As for ur specific issue--if u have proof the CA received ur letter, I would send them a letter (send certified, return receipt) with ur proof attached and advise they are in violation of FDCPA and that by continuing to report a debt that you have requested validation on without 1st validating it to you, they have blatantly violated FDCPA and that you intend on exercising your rights as addressed by FDCPA.

To Experian, I would send a letter requesting their method of investigation. By this, they will need to explain ( are supposed to, at least) explain in detail how exactly the procedure they undertook to verify the accuracy of your disputed debt.

[KKDEHAAN]

I already sent a follow up letter to the CA demanding that they validate the debt, and I still never got anything from them. And then while the debt was being disputed they re-reported it and I had to re-initiate my dispute. Also, the debt I am disputing is accurate, in as much as it at one point belonged to me. It was a charged off credit card with a credit limit of $1,000 that they are trying to collect over $1,500 dollars for. I really just wanted to see some kind of payment/account history to see how they got to that balance. I figured that since they didn't reply AT ALL to my validation request that the CRA would have to delete so I will take your advice and write another letter to Equifax asking for what kind of investigation they did... As for the CA if I already sent that follow up letter demanding they remove the listing and all they did was re-report it with a higher balance, what next? Do I need to contact a lawyer or is there someone I can report them to? From what I've read, regardless of if the debt is valid or not, if you demand a validation and they don't deliver in 30 days, they are legally required to stop reporting, right?

[Scorepro]

absolutely not. U ate confusing the law that applies to the credit bureaus, not collection agencies. They have to stop collection activity until they validate. The law does not say anything about deletion from credit reports.

Did u send these letters certified mail return receipt??? You need to have proof or else it's your word against theirs.

If u have this proof,u can report to FTC, your state attorney general, whatever government entity in your state regulates collection agencies, BBB,etc. But really, what is going to help is having this escalate,especially if u have proof.

[Help]

so let me get this right...

if you send a debt validation letter to one of the collection agencies (CA) and they fail to validate in the required period (30 days paid report-45 free report) then you can appeal to the Credit Reporting Agencies (CRA - experian transunion equifax...) to remove that information from your credit report since the CA cant prove it is your debt... HOWEVER, you still OWE the debt if it is a valid debt?

Since its off of your credit report though, it wont affect your credit even though you are technically in debt or have defaulted on a payment? Is there a certain time period after which a CA can have a CRA re-add the listing if it remains unpaid?

Also, in what ways can a CA validate the debt?

[Scorepro]

no. Again--you are confusing FCRA and FDCPA.

Your distinction about 30 days for a free report, 45 days for a paid pertains to credit bureaus ONLY!!!!

Yes, u can appeal to CB when CA fails to validate, but all they are going to is their "investigation" and wait to see. In this case, that was done and CB verified the debt!!

In this case, someone has liability, but the proof is in the pudding. Personally- I am of the belief you jve little to no leverage without proof u sent a debt validation request.

They can validate by providing paperwork from original creditor such ad statements, original contracts, etc. The key there is "original creditor". Not some printout from their own system.

[Scorepro]

I also want to point out that there have been FTC opinion letters written saying that reporting is a collection activity. So, by saying this, they mean that when a CA has to cease collection activity while the debt is being validated, it should technically stop reporting the debt to the CA during this time. However, the actual law does not say this, however it is very persuasive argument that the FTC interprets the law to say this.

[KKDEHAAN]

I definitely sent the letters certified with return receipt because I was sure that these types of things would happen. I am going to be doing just as you suggested and requesting the information from Equifax for the proof of their investigation and will be looking online to find out who in my state I can contact and what the procedure is to take action against the CA.

The CA is Midland Credit Management if anyone has heard anything about them, let me know!

Also, I am in Florida, if anyone has information on what the process is from this point or who I can contact, let me know!

Thank you for the help so far!

[Scorepro]

wow!! I am in Florida too. I can certainly help and if u want to take legal action against then I can refer you fir that as well.

First, they have to be licensed to collect a debt in Florida. The Office of Financial Regulation regulates this licensing. Google them and on their site u can do a license search. If they are not licensed, ur complaint is that much larger. If they are, u will see links on there to file a complaint. But, don't give up with the CA. Persistence is what pays off. Use all these complaints as leverage to make them delete from your reports in exchange for not pursuing legal action against them for their violation.

[KKDEHAAN]

Thanks so much for the advice. I am in the process of trying to raise my score to buy a home, so all of this is very helpful! I will definitely be following this and trying to take action against the CA, which will hopefully result in having the account removed. I will let you know if I need the number for legal counsel. I was hoping not to have to go there, but will if I have too! It's definitely amazing the things these CAs try to get away with because people are not really sure of their rights in the matter!