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Collection Company didn't validate w/i 30 days, months later on credit report again!?

I had a debt from a collection company for AT&T for about $600 as a negative on my credit report. I had sent them a validation letter months and months ago (I think from June-Aug 06). They never responded and they took off the negative mark on my credit reports. Just a couple of days ago I received a packet in the mail from the collection company saying that the debt has been validated. The packet included a very long statement of each call I made and my last statment amount. Didn't quite say that I never paid it or that I did. Just the last statement.

I checked one of my credit reports and they put it on as a negative remark!

I thought that if they didn't validate it in 30 days they can reinvestigate for another 15. This has been MONTHS later.

I have done some research and I can't seem to find proper information on how to deal with it. I don't quite understand the FCRA completely...sometimes a little hard to understand.

Your help is greatly appreciated.

Update:

I do have my past paperwork. I have the letter I wrote to them and the copy of the certified certificate.

Update 2:

Debt is from 2003 or 2004. I am aware of the SOL....it is 6 years here in VT.

2 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    Not sure what u should really do, but hopefully u kept all your paperwork (past credit history & old letter from collection agency) that would def. help you out in the long run.

    good luck

  • Anonymous
    1 decade ago

    Hi!

    I think the problem here is you don't understand a few things.

    Even if a debt is valid or not..asking them to validate a debt does not remove it from your reports forever. The FDCPA is only enforced by the FTC..who will only go after serious violators.

    Did you file a dispute with the credit bureau that reported it?

    Remember..they do not talk to each other at all...and it is not uncommon to have mistakes only on one report..and not on the other two.

    Remember the whole purpose of making them validate a debt is to see if the debt is valid and within statute..and if it is not...you know if or if not they really can take you to court of this..or not. How old is this debt?

    Did you check and see what your state's statute of limitations is?

    If not..do it...so you know the truth when (if) they start calling and making threats.

  • 1 decade ago

    First question is.....Did you DV the collection agency within 30 days of their first communication? Were the derogatory tradelines that were removed in the past as the result of disputes directly with the consumer credit bureau?

    AT&T typically falls under statute of sale of goods. Therefore, the uniform commercial code statute should apply which from what I can tell in VT that should be 4 yrs. http://www.leg.state.vt.us/statutes/sections.cfm?T... http://www.expertlaw.com/library/limitations_by_st...

    http://whychat.5u.com/States/state-vt.html

    From what you described what was in the packet, it in fact was NOT proper validation in my opinion. Where is the evidence of debits and credits on the account? There are a couple of case laws that come to mind...CHAUDHRY v GALLERIZZO and FIELDS v WILBER. The 7th circuit ruled that they must itemize. You can find those cases at www.findlaw.com

    Just to clarify, if you did not DV within in the first 30 days the CA is not required to validate but must cease continued collection efforts until they do. Which kind of sounds like they did by removing the tradelines until they submitted to you what they thought was validation.

    Since they did NOT validate, you need to submit another DV CMRRR. The burden of proof is on them. Document everything! Make sure you even keep the envelopes that came with their correspondence and write down the date received as well as the date postmarked, etc.

    I have my suspicions of who the CA may be. If it's any of the 3 I'm thinking you're going to need a strong papertrail as they violate easily and can play dirty.

    Now as for the reinsertion of the tradeline. The FCRA states that you must be notified in writing within 5 of the reinsertion. If you have not received communication regarding the reinsertion they have made another violation. You should go ahead and get the other reports and check them as well. I'm very confident that you will find reporting violations on these tradelines as well.

    Also make sure you read the FDCPA in addition to your research of FCRA. When it comes to collection agencies the 2 go hand in hand.

    Good Luck.

  • Anonymous
    1 decade ago

    Sorry, they can add it back on at any time they want, assuming it's valid. A dispute gives the timeline of 30 days and then its deleted, but it can always be revalidated later.

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