DV Question on Debt

[howdoI]

What is the name of your state? FL

I have a question and I may have posted this before. If so I cannot remember the answer nor can I find the question. There is a credit card company that says I owe money. I don't think I owe them. I did at one time have a card with them, but only used it occassionally and paid it in full (or so I thought). The first notice I got was from a CA. I sent DV asking for proof it was mine. No response. A few months later, go a letter from another CA, same thing, sent DV, no response. I got a letter from a CA in California and sent a DV telling them I had disputed this account twice before and had not received any proof this debt was mine. I sent copies of letters and signed green cards from the first 2 CA's. This was in April and so far no response. I even contacted the OC to get info but they had non or would not give it to me. On my credit reports the account shows as "verified" and in dispute. The account was opened in 1988 (I think) and the last I remember using was in March 04 for about 100 bux (gas card) and I paid it most likely over two months. I heard nothing until Jan or Feb 05 when I got the first letter from the CA. What can I do? I know the amount is not mine and why would the OC not ever send notice of non payment then all of a sudden I get a CA notice? If they can prove the debt is mine (which they cannot) then I have no probelm paying it. I guess they can prove the actual account is mine, but so far none have. I think the amount is like 1600 bux. I do have letters from all CA's, copies of my request for DV, signed Green cards and no other response. What can I do? I have disputed with the CRA's and it comes back verified. Well that is WRONG, the amount is not mine. Thanks for any info

 

[Ladynred]

Since you have disputed with the credit bureaus already, your next course of action is a DIRECT dispute with the furnisher of that information as is your right per FACTA. IF they have verified with the CRA but have failed to validate to you, then you have them for FCRA violations. If they 'verify' it with the CRA, then why can't they send YOU proof ??

So, you have them on 2 fronts. The DV you've already done - and your credit reports MUST be marked as 'in dispute' - and probable FCRA violations. If you dispute the reporting with them as per FACTA, they have a defined time limit to respond and if they do not, the entry MUST be deleted from your reports. You've got a paper trail already - now add this to it. They might wind up owing YOU money!

 

[howdoI]

Thanks LadynRed. I called the OC which is the only one showing on my reports and they would give me no info. I also sent a letter to them (after I got a letter from the first CA) with no reply. Do I send another to the OC? None of the CA's are shown as reporting but they have done pulls on my reports. I am suspecting they cannot provide proof is why I have gotten no responses. The OC might can prove it is my account, which I never denied, but I did dispute the amount.

So do I contact OC again? How do I collect money they owe me, file suit? If so how do I go about that? I don't see how they can "verify" to the CRA but not provide me anything. I also know that their "verify" and providing "validation" are two different things, right? Do I just keep disputing with the CRA's? I figure it is a waste of $$ to get one of the repair companies to help. I really do not have many extra $$ to spare, but I do pay my bills and pay on time. Probably in the past 25 years I have only paid late twice and it is about time for those 2 to drop off my reports. And never have I ever had a charge off like this one.

I have read so many threads about this but I get some confused about some of the answers. I want it off my reports or proof I owe.

 

[Ladynred]

The verification that a CRA must do and validation you request from a 3rd party debt collector are 2 different things. However, the company you DV and fails to validate cannot then turn around and 'verify' the entry on your reports to the CRAs - they can either prove in both instances or they can't.

How did you dispute this ? Did you dispute the original tradeline ?
If you disputed the OC's tradeline, then you must now exert your FACTA rights and dispute it again directly with them and they MUST investigate, as do the CRAs.

 

[howdoI]

Yes I disputed the tradeline as being in error on all 3 reports. I just disputed with the CRA's in the past few weeks. I have gotten my new reports back that say the account has been "verified" and it shows it is in dispute. So now do I go back to the OC and tell them their information is wrong? How do I do that? Just tell them to send me proof I owe them? Neither of the 3 CA's have listed it on my reports, but they have pulled my reports. I am assuming the CRA's have verified with the OC since that is the only one showing on my report and that is the one I disputed as being wrong. I never said it was not mine, only disputed the amount as wrong. I did ask them to remove the information since it was wrong. So is there a certain format I need to follow in disputing with the OC or the CRA's?

I know it takes time and I have the time provided I know what I need to do with this. I just want whatever proof they think they have that shows I owe this, because I don't feel this amount is mine.

 

[howdoI]

Do I send the same type DV to the OC that I have sent to the CA's and the CRA's? The OC is the only one reporting on my reports. Thanks.

 

[Ladynred]

OC's are not requried to validate, so no DV. You must DISPUTE it with the OC just as you did with the credit bureau.

 

[howdoI]

Oh Ok. I understand now. Good thing I asked or I would have sent a DV. If they do not send proof, they have to delete and what is proof? I mean the account is mine, just not the charges. I really appreciate the help and will get that dispute out tomorrow.