I ask the OC of an old paid debt to Validate it for accuracy and they don't validate it becasue it was paid off in 2004 (or 2003) would I be able to request it be removed based upon not getting validated??
No, you cannot get the debt removed and this debt will stay in your report for seven years. If you have made the creditor agree to pay for deletion agreement before you have paid off the debt, and got it in writing, then it could have been removed from your credit report upon payment of the debt. Now, since you have already made the payment, it would only show as "paid" in your report.
If the creditor demands the debt again, you can send a debt validation letter. But if the creditor do not demand any outstanding debt, then there is no reason why they should validate your debt. Debt validation is made only if you think that you do not owe the debt and the creditor still asks you to repay the debt. But since the debt is paid and is shown as "paid" in your report, it means that you do not owe the debt and so there is no question of debt validation by your creditor.
Anything on your report MUST be justified upon written request of the consumer, regardless of who it's with, or the balance. Even if it was paid in 2004, if you request an accounting of the debt, they are still required to justify what they are reporting...
SO if they do not valdiate this debt why can he not get the mark deleted due to this? It hardly seems fair that they can not velidate and the m ark remains. So what would be the persons next step ? They should be able to dispute the mark. I am also wondering about the SOL on this debt Its roughly 5-6 years old it may be near that mark if no payments were made after the fact..unless it was already paid..then the poster will have to give us more details.
If the borrower has already paid off the debt and the creditor reports the debt as "paid" to the credit bureaus, then it can never be removed from your report before the period of seven years and six months from the date of your first delinquency. Only if the borrower has made a written agreement with the creditor for pay for deletion before he had paid off the debt in full, the listing can be removed from the credit report.
Then it looks like this debt will have to stay on your credit report until sometime in 2011. It may seem like a longtime but there really is not anything else you can do unless you call the original creditor and ask if there was a possible way for them to delete the debt. If in the future you ever oay off an old debt that has fallen behind be sure to ask for a pay for delete and get it in writing. Also this debt being quite a few years old probaly is not doing as much damage as you may think to your report. The older the debt the less damage it does.
Do you have proof that you paid the debt? If you do then send a copy to the credit reporting agency so they can change the status to paid.
As far as the collection agency, send them the same information and they should acknowledge that the debt can not be collected twice. Goodluck hope you can get this cleared up soon.
I am pretty usre the problem is not that they are trying to collect the debt twice. It is that the original poster would like to have the listing removed from their credit report. This would have taken a pay for delete in the beginning stages before the debt was settled.
If the debt is with collection agency and the CA has listed its name along with the OC in the credit report, the OC listing can never be removed before the expiry of seven year time period. If the CA cannot validate the debt, you can send a dispute letter to the bureaus and get it removed from the report, but you cannot remove the OC listing. But if you have paid the debt, it should be reported as "paid" in your report. If it is not reported as paid, you can send a proof to the bureaus that you have paid the outstanding debt and the bureaus will change the status of the listing as "paid" in your report.
No, you cannot get the debt removed and this debt will stay in your report for seven years. If you have made the creditor agree to pay for deletion agreement before you have paid off the debt, and got it in writing, then it could have been removed from your credit report upon payment of the debt. Now, since you have already made the payment, it would only show as "paid" in your report.
If the creditor demands the debt again, you can send a debt validation letter. But if the creditor do not demand any outstanding debt, then there is no reason why they should validate your debt. Debt validation is made only if you think that you do not owe the debt and the creditor still asks you to repay the debt. But since the debt is paid and is shown as "paid" in your report, it means that you do not owe the debt and so there is no question of debt validation by your creditor.
Anything on your report MUST be justified upon written request of the consumer, regardless of who it's with, or the balance. Even if it was paid in 2004, if you request an accounting of the debt, they are still required to justify what they are reporting...
SO if they do not valdiate this debt why can he not get the mark deleted due to this? It hardly seems fair that they can not velidate and the m ark remains. So what would be the persons next step ? They should be able to dispute the mark. I am also wondering about the SOL on this debt Its roughly 5-6 years old it may be near that mark if no payments were made after the fact..unless it was already paid..then the poster will have to give us more details.
If the borrower has already paid off the debt and the creditor reports the debt as "paid" to the credit bureaus, then it can never be removed from your report before the period of seven years and six months from the date of your first delinquency. Only if the borrower has made a written agreement with the creditor for pay for deletion before he had paid off the debt in full, the listing can be removed from the credit report.
Then it looks like this debt will have to stay on your credit report until sometime in 2011. It may seem like a longtime but there really is not anything else you can do unless you call the original creditor and ask if there was a possible way for them to delete the debt. If in the future you ever oay off an old debt that has fallen behind be sure to ask for a pay for delete and get it in writing. Also this debt being quite a few years old probaly is not doing as much damage as you may think to your report. The older the debt the less damage it does.
Do you have proof that you paid the debt? If you do then send a copy to the credit reporting agency so they can change the status to paid.
As far as the collection agency, send them the same information and they should acknowledge that the debt can not be collected twice. Goodluck hope you can get this cleared up soon.
I am pretty usre the problem is not that they are trying to collect the debt twice. It is that the original poster would like to have the listing removed from their credit report. This would have taken a pay for delete in the beginning stages before the debt was settled.
If the debt is with collection agency and the CA has listed its name along with the OC in the credit report, the OC listing can never be removed before the expiry of seven year time period. If the CA cannot validate the debt, you can send a dispute letter to the bureaus and get it removed from the report, but you cannot remove the OC listing. But if you have paid the debt, it should be reported as "paid" in your report. If it is not reported as paid, you can send a proof to the bureaus that you have paid the outstanding debt and the bureaus will change the status of the listing as "paid" in your report.