I have a paid charged off account on my credit files with Capital One. I sent a validation letter, Nutcase letter, and then Son of a nutcase letter. I also filed a complaint with the BBB. Yesterday I received a letter and Statements for the account. Capital One said they had received a copy of my complaint and wanted to address them. I never disputed the validity of the charge off, however I did dispute the way the account was reported. It is still reported differently to all 3 bureaus. Please read this letter to Capital One, offer suggestions to change if needed: Capital One P.O. Box 85699 Richmond VA 23285-5699 Re: Account # XXX Dear Darlene Sullivan, I have received your letter dated June 7, 2002. I thank you for your letter and statements on the account in question. However, I am not disputing that I had the account, or that I settled the account in December 2000. I know you have received a copy of my complaint with the Better Business Bureau, but bare with me as I explain the situation. In 1999, I joined Genus Credit Management in an act of good faith to try to get a handle on my account with Capital One. The late fees and over the limit fees were out of control. I had contacted Capital One customer service to try and do something about it, Capital One was not willing to work out an arrangement of any kind. Capital One agreed to terms of payment proposed by Genus. After making some payments to the account through the program, I received several calls from a gentleman at NCO Financial, who you employed to collect on the account. He contacted me at work on more than one occassion, despite my asking him not to. I was a Nurse's Assistant, and could not leave my patients for personal calls. He continued to call. He called my home as well, at all hours. I explained I was paying the account through Genus, he was very rude and said I should not have applied for the card with no intention of repaying. I WAS paying, and had joined the program because I could no longer work full time due to some physical disabilities. This gentleman, and I use the term loosely, would not stop harrassing me. I settled the account to stop his calls. If I had been aware of my rights, I would have filed a suit against NCO for harassment. There are laws pertaining to collection Practices, as I am sure you are aware. I also would not have settled if I had been told the account status would refect as it does! I filed the complaint because the account is being reported differently on every credit file! This is a violation of the Fair Credit Reporting Act. Capital One verifies the status reported with each credit bureau, even though it is inaccurate and inconsistent! Because I have sent letters disputing the account, Capital One is required to report the account as disputed. It has not. Note that the FTC has maintained that incorrect credit reporting is the legal equivalent of prohibited collection activity. Please be aware that if this account is not deleted from the three major credit bureaus, I will file a formal complaint with the Federal Trade Commission, my state's Banking and Finance Bureau, and the Better Business Bureau. Also, note that section 1681s-2(b) of the Fair Credit Reporting Act creates cause of action for a consumer against a furnisher of erroneous credit information (Nelson v Chase Manhattan). For the purposes of 15 U.S.C. 1692 et seq., this Notice has the same effect as a dispute to the validity of your claims. This Notice is an attempt to correct records, and any information received from your office will collected as evidence should any further action be necessary. As stated before, you are reporting different information to each credit bureau regarding this account. This information is detrimental to my credit. You are required to report correct and accurate information to all bureaus. Thank you, and I look forward to your resolving this serious violation of the Fair Credit Reporting Act as soon as possible. Sincerely, Sorry so long. I know I say more than is needed in the letter. But Capital Ones's letter did not address any of my complaints with the BBB.
Sounds good, but my question to you is if they do correct and report accurately this account is it still going to be listed and viewed as negative?? I would think so. Why waste all the time for them to correct a negative? The only way around your problem is to have them delete this entirely. I'm sure they either won't or will have to be forced to do so. The way to do this is to file suit for their failure to not list this account as in dispute by you. They have also been reporting inaccurate information, be it good or not it is still incorrect. If you have proof of all of your mailings and proof of their violations of the laws then I would send them a final letter outling your demands and ask for full deletion. If they do not them file the suit ASAP! Tac
Thanks everyone. I did ask for deletion of the account. That is the point of the letter, to let them know all they have accomplished is reporting differently with each credit bureau. I'm doing it this way hoping the advice Lizardking gave would prevail. Capital One, which is a paid account, would pull a hard inquiry. Non permissible purpose, another violation. If not, so be it, hopefully they will delete, if not, then intent to sue letter comes next. Thanks for the correction in spelling, typing so fast earlier to put niece down for a nap!
