how or who should I contact for this OC or CA? also is there a violation here? BANK ATLANTIC Account Number: 16090XXXXXX Acct Type: Installment Secured Loan Acct Status: Open Closed Monthly Payment: $391 Date Open: Dec, 1997 Balance: $14,131 Terms: N/A 66 Months High Balance: $17,520 Limit: N/A Past Due: $14,131 Remarks: N/A Payment Status: N/A ................................................................................ PREMIUM ASSET RECOVE CA Account Number: BANK ATLA-101XXXX Acct Type: N/A Acct Status: Open Monthly Payment: $0 Date Open: N/A Balance: $14,131 Terms: N/A High Balance: $14,131 Limit: N/A Past Due: $0 Remarks: N/A Payment Status: N/A
Why do the CRAs accept info like this when they know for a fact it's incorrect?????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????
that's what I said too......... I disputed both as not mine, and hopefully will get them deleted. what if it come verify, should I go after OC or CA? an how would I go by that?
You could dispute them as "NOT MINE, DUPLICATE ACCOUNT". (if the CRA will give you a second chance at it.) Incorrect balance would also be appropriate, but then you are affirming that the accounts are yours, so you may be stuck with the account, in the future. -- The caveat is that both accounts CAN have a balance, if the OC did not SELL, but ASSIGNED the account to the CA. Then both accounts do have a balance, because the OC is still owed the money, and the CA does have an account for you which has a balance due of that amount. -- Did you send a validation letter to the CA? If not I would find their fax #, and send them a fax of one immediately, and then mail them the official one in the mail CMRRR. Your rights are in effect as soon as they receive the fax, but as a CYA you still have the green card showing a signature as receiving the notice as well.
Premium Asset Recovery Corp. Christopher Conway, President 600 S. Dixie Hwy, Suite 211 Boca Raton, FL 33432 Phone: (561) 447-9271 Fax: (561) 395-1994
"The caveat is that both accounts CAN have a balance, if the OC did not SELL, but ASSIGNED the account to the CA." -Correct. Suks, but its the truth. "You could dispute them as "NOT MINE, DUPLICATE ACCOUNT". (if the CRA will give you a second chance at it.)" -WRONG appoach. Because the account is already on the credit report, "Verifying" name and social is almost gauranteed. So a dispute based on identity is almost frivolous before you even send it. IF the accounts are yours, there is little you can do. BUT, if you want to spend time sending in disputes in the hopes of them not being able to repsond in 30-45 days, USE A DISPUTE OTHER than identity. ie status, amount, account # etc etc. GIVE them work to verify the dispute. (credit reporting agency)
Re: Re: 1 acct listed by OC/CA... HELP! -WRONG appoach. Because the account is already on the credit report, "Verifying" name and social is almost gauranteed. hiding90 ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> DOES Verifying name and social prove a debt's ours?
"DOES Verifying name and social prove a debt's ours?" -I am hoping that was a question intended to spawn thought! and the answer is YES, IN THE MINDS OF THE CREDIT REPORTING AGENCIES and DEBT COLLECTORS IT IS. -VALIDATION/VERIFICATION is NOT defined in the statutes, rather it is up to the trier of fact and case law. SO, these companies do what they can to "verify" whatever the consumer has requested as they define it. -HOWEVER, in the real world, when you write a letter of dispute, first they throw it away LOL Then they check your name, address, SSN etc. If it matches, HEY its verified! LEGAL? maybe..maybe not. -AND since this approach didnt work in the past, and the poster didnt seem to make it clear whether the account was actually theirs and they were hoping for a deletion, WHY do it again -THATS WHY THE IDENTITY appraoch in THIS case is wrong -Validation requests made on "other" factors, amount, balance etc is more easily for the consumer to prevail if it ever went to court. The courts have said time and tie again that the statutes, FCRA/FDCPA, offer protection to the consumer against debt collectors/credit reporting agencies for COLLECTION/REPORTING methods REGARDLESS OF OWNERSHIP OF A DEBT -Additionally, if sued upon, the consumer looks REALLY REALLY bad when they come to court with all kinds of letters saying "this isnt mine" but in reality is it and they are just tryting to "play" the system. IT LOOKS MUCH BETTER if the consumer SUES and comes to court saying, YUP, its my account alright, BUT the colleciton agency/credit reporting agency has failed to report is correctly (ie amount, balance etc).
sorry! I wasn't too specific... anyway. the account is mine and I did disputed it as "not mine" and in fact, cameback "verified".....
I sent DV CRRR this morning to CA... my second round of dispute will be something like "incorrect Bal" or "account close" or something close to that.
LOL! WRONG WRONG WRONG!! hehhe YOU NEED TO SEND A DISPUTE LETTER to the credit reporting agency! The collection agency and original creditors DO NOT HAVE TO INVESTIGATE disputes UNLESS you send them THROUGH the reporting agency. IF you meant a validation request, IT IS TOO LATE. ONLY during the first 30 days, does a collection agency have to"validate" or cease collection efforts. This goes to make my point that a lot of consumers become misled in these forums. NO, it is NOT illegal to disoute an item as NOT YOURS even if it is. BUT, it weakens the consumer protections already instituted. ATTACK the details, NOT the whole picture
: 1 acct listed by OC/CA... HELP! The collection agency and original creditors DO NOT HAVE TO INVESTIGATE disputes UNLESS you send them THROUGH the reporting agency. : hiding90 ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> How do you do that if it's not reporting to a CRA?????
IF you meant a validation request, IT IS TOO LATE. ONLY during the first 30 days, does a collection agency have to"validate" or cease collection efforts. Hiding 90 ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=42188
IF you meant a validation request, IT IS TOO LATE. ONLY during the first 30 days, does a collection agency have to"validate" or cease collection efforts. Hiding 90 ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=37975 ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
"The collection agency and original creditors DO NOT HAVE TO INVESTIGATE disputes UNLESS you send them THROUGH the reporting agency. : hiding90 ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> How do you do that if it's not reporting to a CRA????? -WHY ARE YOU WORRYING ABOUT IT THEN? "IF you meant a validation request, IT IS TOO LATE. ONLY during the first 30 days, does a collection agency have to"validate" or cease collection efforts. What?" -The FDCPA section 809 (validation) states the validation process starts AFTER THE INTIAL COMMUNICATION WITH THE CONSUMER. http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809 -ONLY IF THE CONSUMER SENDS A WRITTEN VALIDATION to the collection agency WHITIN THE FIRST 30 days after the INITIAL contact, DOES the collection agency have to cease collection efforts. NOT AFTER EVERY VALIDATION LETTER THEY RECEIVE. Lets look at it :Section 809- "(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --" ...... "(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector." -Section (b) sets the 30 days from the time period in (a).
I noticed in some of the "form reply" statements, the poster had a link to another thread which claims to somehow "define" validation. Weird..cause validation is not a definition which has been agreed upon by courts even! One thing that stuck out is that NOT ONE of the threads, that I noticed anyway, INCLUDED a quote from the relevent sections of law, or even a mere link to it. It seems to me that a consumer wishing to afford themselves of the protection offered by the FDCPA/FCRA might want to actually READ IT!
