Hello all, I have an inaccurate account listed on my CR that states it was a collection charge-off, but paid? This only shows like this on Experian, but on Equifax it shows as agreed. Nothing on Trans Union. I sent two letters for verification to the creditor and they were ignored. I sent multiple letters to Experian, but they keep coming back as verified. I finally called the creditor and told them this was not my account. The lady I spoke with said she would send proof it was my account. She never did. A month later I called again, and sent her copies of the return receipts for the letters I sent them. She said their collections department never received those letters, and she also again stated that she would again send me proof the account was mine. They have had three chances now to verify this account as mine, but have failed to do so. What legal recourse do I have, and what laws should I throw at them? Any help would be greatly appreciated!
A creditor (not a CA) does not have to provide them with any verification TO YOU. A request for them to verify what they are reporting is supposed to be responded to, but it is UNDER THE UNACTIONABLE portion of the FCRA. To make it something that you can enforce in court (if they're not responding to you, they have to respond to the court, or you get a default judgment) you need to send the dispute to the CRA.
Hi Jam, Thanks for the response. I have disputed this with the CRA's multiple times, but they tell me the creditor keeps verifying it. What would be my next step? Thank you
If this really is not your account, you can submit this as identity theft. Usually a police report works. Section 605B. http://www.consumer.ftc.gov/sites/default/files/articles/pdf/pdf-0111-fair-credit-reporting-act.pdf Also, don't bother calling this OC again, doesn't matter what they "say" on the phone, what matters is what you have/get in writing.
OK. If you've done the disputes through the CRAs as well, then, I would draft a suit as the next letter. Your local Federal Court Clerks office should have a draft template for you to use. The part that will be the longest would be chronologically listing in detail, the communications between the CRAs, the creditor, including the dates that they were sent, the dates and times that they were signed for, the results of the 'investigations', memorializations of the phone conversations, etc. For each time they verified incomplete, inaccurate, or unverifiable information, you demand $1,000. That's $1,000 for every dispute with each CRA where it wasn't 100% complete, accurate and verifiable. THAT should get their attention.
Mindcrime: They like money... If they have a choice of paying out... Or finding the delete key that they keep missing... Which do they prefer...
