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We sent a 623 letter to several creditors listed as negative on my CR.
Most of them i never heard back but they were deleted from the bureaus.
But a few came back and said well we have sold your loan or it is now with such and such creditor please contact them.
HSBC auto said it had been sold and they had verified it in the past with the bureaus and would not be verifying it again.
HSBC card services told me that they didnt have to because they are the original creditor NOT a 3rd party collection agency and therefor would answer no further letters.
From my reading every creditor is under obligation to do this so what am i missing
623 letter
from what i have they are in violation of the FDCPA, section 809 (b). they need to provide you with validation that it is you debt. it could be themacisback from down the street.
If a summons gets served to you, make sure that you attend the court proceedings. However, you have the right to get it disputed with the CBs. They're also obliged to get it investigated and inform you about the sources of such debt.
I also received a letter from Nissan stating that they were not going to verify it because it had been sold to midland credit and for me to contact them regarding any disputes.
It seems these creditors are trying to play hard ball here and do not want to validate the debt. I can only assume that they cant.
So, what are your plans now? Are you thinking of getting a validation request across to midland credit now?
I have one written up for Midland although it does not show on my bureaus it was deleted when i asked for validation with the bureau.
I have only left to get rid of HSBC, Nissan, USA funds and Sallie mae and Equable ascent finance. then id have nothing bad on my credit report.
Since the CRA came back saying HSBC and equable were verified im doing a MOV with them.
As well as writing HSBC and nissan informing them the following
By not validating this debt and providing the information requested below you are in violation of the FDCPA section 809(b). Moreover, you can be fined $1000 for it.
Effective July 1, 2010, the FTC requires the Original Creditor to respond per the Fair and Accurate Credit Transactions Act of 2003 (FACT Act) FCRA section §623(a)(8)
I have repeatedly requested proof this debt is indeed my debt. I have fully investigated my rights in this matter. Under the doctrine of estoppel by silence, Engelhardt v Gravens (Mo) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists.
Also, under the Fair Credit Reporting Act, these disputed items may not appear on my credit report if they cannot be supported by any evidence.