quick question about getting started from a newbie

Discussion in 'Credit Talk' started by mmmfph, Nov 19, 2014.

  1. mmmfph

    mmmfph New Member

    Hi credit experts. I have read through the FAQ and much more, but I am still not quite sure what to do.

    I want to deal with one issue on my credit report. It is a CA with a past due of $215, from earlier this year, but I have no idea what it is for. It says seriously past due, etc.

    Do I call the CA and ask them? Do I dispute to the CA? Or do I dispute to the CRA? I know I am supposed to dispute to someone, but in my reading I have missed to whom. Thanks in advance. Any advice very appreciated.
     
  2. jam237

    jam237 Well-Known Member

    First, most of us aren't attorneys, and aren't able to give legal advice. :)

    Here's the quick guide to how to get started on that one item.

    Step #1 - WRITE the CA via Certified Mail Return Receipt Requested or Facsimile

    (The phone is their weapon, don't call them, unless you know what you're doing... :) I usually only call if I need some fun, and then I don't give them ANY information, and then it's only to obtain general information like their fax number or address; called from a third-party number like a pay phone.)

    The dispute doesn't have to be complex (like some of the sample letters).

    #2 - Dispute with any and all of the Consumer Reporting Agencies that it is reporting.

    Once you know that DSDA Collections received the letter sent in step #1, i.e. you get the green card back, or you have the fax receipt that shows that it was received OK; send the CRAs a dispute again via CMRRR or facsimile.

    If the CA verifies the account with the CRAs before it provides validation requested in step #1, they violated the FDCPA by engaging in continued collection activity, and performing other actions prohibited under the FDCPA. If they didn't include a dispute notification, then they violated the FDCPA by furnishing false credit information, including the refusal to notate that the account was in dispute; and they've violated the FCRA for refusing to provide the notice of dispute.

    If they've violated, they now owe you money which greatly outnumbers the size of this alleged debt. Imagine what their response will be when you ask them to pay you at least $1,000 for a $215 debt. :)
     
  3. credit guy

    credit guy Member

    send letters to original creditors
     
  4. jam237

    jam237 Well-Known Member

    Sending dispute letters to the Original Creditors doesn't do anything if the CA is the one who is reporting the debt. No one can remove something that they didn't put in. I had an OC recall the account because the OC determined that it was fraudulent, the CA refused to cease collecting and remove the debt from my credit report, even though the OC recalled the account, and paid them the money back that they received when they sold the account.

    The only way the OC was finally able to get the CA to delete the account, was by telling the CA, that *IF* I filed a suit, naming the OC as the CA's co-defendant, they would settle it for every penny that I was demanding for FDCPA and multiple FCRA violations, and then they would sue the CA to recoup every penny that they paid out to me. (Hint: They were looking at well over $10,000.00 - $1,000 for reporting false information, misrepresenting the amount, character, legal status of the account; and at least 3 verifications of specific disputes, which included copies of the letter from the OC to all three CRAs (3 CRAs x 3 disputes = $9,000)

    If the CA is who is reporting, you need the contacts to be with the CA and CRAs. There are no provisions of the FCRA which cover if a consumer makes a dispute through anyone other than directly with the data furnisher, or the CRA.
     

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