Need advice on dispute with original creditor...

Discussion in 'Credit Talk' started by Borbiusle, Oct 8, 2009.

  1. Borbiusle

    Borbiusle Member

    I've been disputing a paid/closed account with CITI for about 6 months now. I already disputed with all 3 CRA's, they verified it with CITI and won't remove it. I sent a certified mail letter to CITI, asking them to provide me a copy of my original contract that I signed and documents stating when my account was closed, else I'll file suit for FCRA violations. They sent me a generic letter that ignored my requests and asked for a copy of my credit report and the item in question, even though I provided them the account # and my social. I tried calling CITI out of desperation but the rep and her supervisor basically stonewalled me, and tried to redirect me to the credit bureaus. I don't see how sending my credit report to them is magically going to change anything, but I might give it a shot.

    Asked for advice on another forum, they basically told me to get a lawyer(they charge 200/hr where I live) and go to federal court to fight it :p. I'm really out of ideas as to how to proceed right now. Any advice?

    Here's why I'm disputing if anyone is interested:

     
  2. cap1sucks

    cap1sucks Well-Known Member

    I'm sorry that I don't have any answers for you. I have try to teach that once an account goes into charge off the debtor should vow never to pay anybody a crying dime on the account and most especially not to a debt collector. The only possible outcome of paying a charged off account is more grief. You would have been in the same boat if you had not paid them off as you are now. In net effect you gained nothing by paying them off and paying them off ended up costing you time and money with no resultant benefit.

    In my opinion it is always better to fight than it is to knuckle under and pay. Sorry I don't have a solution to your problem. I hope someone else here can give you some answers to your problem.
     
  3. Hedwig

    Hedwig Well-Known Member

    Are you still in the military? If so, head straight to the JAG office.
     
  4. neueregel

    neueregel Member

    lol Hedwig, I was going to say the same exact thing!

    Well, if you were active duty military and over seas, then you are protected by S&SA. However that act does require you make payments, i am unclear with regard to your letter if you were making payments. If you were you are covered, if not your screwed.

    If you are in the military, let JAG do everything for you. If your not, you may have to get an attorney.

    I would not, under any circumstances send them your credit report. They have 0 entitlement to that information. The burden of proof is on them. If they cannot find the debt, I would send all of the documentation to the bureau, ask them for a DLT verification and a verification on the late pays. I would also attach a "VALT" letter for that tradeline item so your future credits can see.

    Something along the lines of...you were in the Military and covered under S&SA and creditor will not validate the delinquency.

    Something else you can do, is when you apply for credit talk to your new creditors and explain to them the situation. You can also provide your new creditors with information and documentation regarding the work you have done.
     
  5. Hedwig

    Hedwig Well-Known Member

    I wouldn't send any documentatin to the credit reporting agencies. They verify information from the creditor reporting or remove it. Why send something that may end up self-validating?
     
  6. ccbob

    ccbob Well-Known Member

    Ditto on Hedwig.

    The burden of proof is on the CRA and the CA or OC reporting the information to the CRA. The law (FCRA) says anyone reporting consumer information to a CRA must report accurate information (that is 100% accurate, not 90%, not 80%, etc.) Nowhere have I seen it say that the consumer must report ANYTHING, accurate or otherwise.

    Don't send anything to the CRA but a letter saying that something isn't accurate. Your letter can be as specific or as general as you want but that doesn't matter. Either way, the burden of proof is on the reporter of the data.

    Often, the CRA (or worse, the CA) will request a boat load of information from you, the consumer. You are under no obligation to send anything more than is required to establish your identity.
     
  7. Borbiusle

    Borbiusle Member

    No, they did not get payments from me nor was I overseas. I doubt JAG is going to be able to help me here.

    A few days ago I received responses to my requests for the original contract I signed. CITI told me that the account is too old to furnished the required documentation, nor are they required to furnish that information over to me. All they would send is generic information on the account: the date I opened it, the day it closed out, and the day I finished paying it off. I feel like I'm trying to squeeze water out of a rock when it comes to dealing with CITI.

    Could you explain how exactly to request DLT verification verification of late pays from the bureaus? Also, what's a VALT letter?

    Edit: Another question, since CITI reports to the bureaus every month, if the info got removed by the bureau, wouldn't it just come back?
     
  8. creditsupp

    creditsupp Well-Known Member

    Bureaus having mechanisms where if an account is removed from your report it generally will not reappear for fear of being in violation of the FCRA. If it does re-appear the bureaus are required to notifiy you in writing...unless of coarse it isnt the same account like when accounts get transferred to another lender
     

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