Looked at my credit report and an account that I'm disputing is listed as Charged Off. The account was paid in full, but they're having difficulty finding the payment. This is the first time I've looked at my credit report in years so I have no idea how long it's been there. Last status was reported in December 2006. Are they suppose to list this as Charged Off if I'm disputing it? Thanks.
It will show charge-off but it should also show, acct info in dispute or something similiar, if you have submitted disputes to the CRA's.
VOD was requested from one CA, only partial info was sent. Additional info was requested but never sent. A few years later the account was bought by another CA. I know it's too late now, but should I have started all over and requested VOD from the second CA? Even though we're in court now, shouldn't my VOD requests from the first CA be in the files that were transferred to the second CA? Is there some violation here? The second CA is not reporting this as being disputed. Thanks.
more than likely the information you sent in was not included with the purchase of the account to the new ca. unless you notified them of a dispute how would they know. a ca has the choice of validating the dispute or selling/returning the account. if you didnt notify them of the dispute then no its not a violation. if you notified them of a dispute and they did not update the tradeline as disputed then yes it would be a violation.
However, if the dispute is based on identity theft, then there is an affirmative duty on the part of the original creditor and any subsequent collection agency to forward that information with the file, is there not?
if there was a police report and fraud/id theft filed with the oc before collections/chargeoff...the oc shouldnt have sold the account in the first place. understanding its not a perfect system no the documents would rarely be sent to the ca unless they order then for about $7-10 per page.
Let me get this straight: The CA has to pay the OC a per page fee in order to obtain the records that document the debt?! There's something wrong with that picture....
if the ca needs any documents on the account and it has been sold to them the ca must pay the oc to get whatever documents they are requesting...whats wrong with that picture? the oc will warehouse those docs and they have to pay someone to pull them copy them and send them to the ca...the oc isnt going to just give them away...
Disputes were not submitted to CRA's. Since we're already going thru the court process should I notify the CRA's of the dispute now, or is it meaningless at this point. Thanks.
You have two separate items going here, 1) your court process and the debt, 2) the reporting on your credit reports of this debt As for the debt and court proceedings, do you have any record/documantation of the payment you made to pay in full? I'm sure you have no worries if you have a record of your payment for this account. You should dispute the credit reporting not only to help save your credit rating, but as testimony to your court proceeding that you dispute this debt. If you are being taken to court, you do/will have the right to demand evidence of this debt being valid. You will need to raise your defense of payment. You should also be looking at the Statute of Limitations, have they, or will they expire? You must raise this as a defense against a judgement, the court will not do it for you. At this point I recommend that you consult with an attorney (if you can afford one). If you cannot afford one I would investigate with your state's Bar Association for a possible referral for a low rate legal assistance, and they will advise you on your case.
