[JLoh1970]

Ohio.

Reading the FDCPA it talks about the consumer having a set amount of time to request validation/dispute debts after contacted by a debt collector.

What if I never received any type of communication from the collector?
I have an item on my credit report from Pinnacle Credit Services which was entered on 02/07. I never received anything from them at all. (It’s from a Citibank account from 98) Also, it only appears on 1 out 3 credit reports.

If I send validation per this:

Section 809(a) requires a collector, within 5 days of the first communication, to provide the consumer a written notice (if not provided in that communication) containing....

Are they still required to respond or aren't they just going to say, we send you something a year ago and your five days are up.

Or maybe I am reading it wrong, is it they that have 5 days to respond to me upon my first communication to them?


Thanks,
James

[Betty3]

After a *debt collector* *contacts* you for the first time about your debt, you must be sent a written notice within 5 days telling you how much you owe, who you owe it to, and what you can do if you don't think you owe it.

If you believe there is incorrect information on your credit report, contact the credit reporting agcy. & dispute it.

[JLoh1970]

After a *debt collector* *contacts* you for the first time about your debt, you must be sent a written notice within 5 days telling you how much you owe, who you owe it to, and what you can do if you don't think you owe it.

If you believe there is incorrect information on your credit report, contact the credit reporting agcy. & dispute it.

Again, done. If the credit reporting agency says it's good and they refuse to take it off, what then?

If they never contact me but continue reporting it to the CRA I have no right to apply the FDCPA regulations?

[jk]

Again, done. If the credit reporting agency says it's good and they refuse to take it off, what then?

If they never contact me but continue reporting it to the CRA I have no right to apply the FDCPA regulations?

You are speaking of two different things here;
the FDCPA controls collections of debt. If the creditor has not contacted you, the FDCPA does not apply.

What you are concerned with involves the FCRA

You should read the act in its entirety but for specific direction of your question, scroll on down to §611.

The max time for listing such debts would be 7 years but take note of when the beginning of that time is since it may not be from the point you believe it is. Effective listing time is actually closer to 7 1/2 years but you still need to determine what the date of deliquency is so as to know when to start that running of time.

[JLoh1970]

You are speaking of two different things here;
the FDCPA controls collections of debt. If the creditor has not contacted you, the FDCPA does not apply.

What you are concerned with involves the FCRA

You should read the act in its entirety but for specific direction of your question, scroll on down to §611.

The max time for listing such debts would be 7 years but take note of when the beginning of that time is since it may not be from the point you believe it is. Effective listing time is actually closer to 7 1/2 years but you still need to determine what the date of deliquency is so as to know when to start that running of time.

Thanks jk.

I understand they are different things, but I would like to start going down the path of the FDCPA. I guess it seems I can't do that till I am actually contacted though.

I filed a dispute with Experian (It's the only one who lists it) Also, double checking it is listed as closed but with a balance. I guess they probably sold it. The worst thing about it, is it is listed as open on 2/01/07.

I've never made any payments or even heard from this company. If it's for a citibank card, the origional account would have been opened in the 90's sometime. Can they just list it as opened on whatever date they buy it?

EDIT:
From what I am reading in Section 605 of FCRA:

As of December 29, 1997 the reporting period runs 7 ½ years (7 years plus 180 days) from the date (month and year) of the last delinquency (known as "last missed payment.)

So by showing the account as "open" on 02/01/07 Pinnacle has violated the FCRA and this is the point I should be disputing with the CRA?

[jk]

I understand they are different things, but I would like to start going down the path of the FDCPA. I guess it seems I can't do that till I am actually contacted though.

correct. The FDCPA does not apply to credit reporting, only collections and if they have not contacted you, they are not collecting on the debt therefore the FDCPA does not apply or provide you with any direction to your problem.

I've never made any payments or even heard from this company. If it's for a citibank card, the origional account would have been opened in the 90's sometime. Can they just list it as opened on whatever date they buy it?

No, the original debt is still the underlying debt regardless of who owns it. The dates are set from the original indebtedness, not some subsequent purchase of the debt. Of course, this is with the thought that you did not do something to refresh the debt.

So by showing the account as "open" on 02/01/07 Pinnacle has violated the FCRA and this is the point I should be disputing with the CRA?

You need to address the fact that it is available for review of your credit report at all. If your time line is even close to correct, this should not be available on a review your credit report.

[JLoh1970]

You need to address the fact that it is available for review of your credit report at all. If your time line is even close to correct, this should not be available on a review your credit report.

WORD! Thanks for the help jk, it is much appricated.

I just finished typing and sending a letter to the Experian. I told them I dispute the entry due to the account open date they show. I stated this violates Section 605(a)(4) of the FCRA. I kindly asked them to remove it, totally. I also kindly asked if they didn't to provide explanation as to why they didn't.

Also sent a letter to the reporting company saying they were in violation of the FCRA due to the reaging of said account. Advised I would report the violation to FTC/FCC if not removed and take legal action for violation of the FCRA.

We'll see how it goes.

[usedbranflakes]

PLEASE go ahead and send a complaint to the FTC, your Senators, and the local Attorney General. It is important that they are aware of these underhanded tactics for debt collection. They may not correct it until it could be brought up as a risk against their seat in an election, but it will get their attention in the monthly spreadsheets they review for "Issues".