A question for the experts here. My credit reports listed a chargeof from 1998. I sent the OC a dispute letter via certified mail with return receipt (CMRR) asking for validation, no reply. Thirty days after the OC signed for the first dispute letter, I sent another dispute letter via CMRR asking for validation of deletion, still no reply. Fifteen days later after the OC signed for the second letter, I sent an intent to sue letter via CMRR. Still no reply. Seven days after the OC signed for the intent to sue letter, I filed in district court for FCRA violations. After I sent the second dispute letter, I initiated a consumer investigation of the charged off account with a CRA. The investigation returned "verified". I pulled my CR every week after I sent the first dispute letter. The OC never added the dispute notation. The OC then verified the charge-off during the dispute period. Lastly, the OC reported different credit balances to each of the CRAs. At one CRA, the account was listed as being 120 days late. The OC's registered agent was served using a process server. No reply. Two weeks after service, I sent a goodwill settlement offer: delete tradeline, permenantly stop collection activity, and pay $500. No reply. Waited two weeks and sent final settlement offer: delete tradeline with permanent cessation of collection activity. Gave OC's registered agent three business days to accept offer. No response. Prior to filing suit, applied for credit card, denied with specific notation to chargeoff. Applied for mortgage, received letter saying that chargeoff account would cost me 1.5 - 2.5% in the APR. Damages established. Summary: Indisputable evidence of FCRA violations, proof of damage, and proof of willingness to settle suit of out court. Question: Is this OC that incredibly stupid or am I missing something here?
Post the dispute or validation letter you sent them and maybe we can better answer your question. I am guessing you sent them the standard validation letter? An oc is not liable under FDCPA rules. If your letter was simply that you dispute the amount due or similar, then maybe they have some liablitly.
They may well have proof this is your debt and, if you are inside the SOL, preparing to start their own proceedings.
I agree with both, LKH and keepmine. What is the SOL in your state? If the SOL is past, you are OK with the OC starting litigation against you. What did your validation letter say? There is a sample letter for OC validation in the sample letters, I think!! Charlie
Thanks everyone for your input, before I update, I will answer your questions. 1) Yes, I used a standard validation letter that clearly stated that I was invoking my FCRA rights and disputing the accuracy of the information that they were providing the CRAs. 2) My suit was based entirely on FCRA violations. The OC was not a collection agency. 3) The OC had more violations that I listed in my complaint and an attempt at countersuing would increase their liability instead of weakening my suit. That being said, the OC simply did not answer the summons. It was a $70K suit in district court and they ignored it. I cannot go into details now, but we were prepared for all of the options and a motion for default judgment was submitted first thing the day after their answer were due. We know the criteria for vacating a judgment and all of the bases should be covered to prevent this. Now, we just wait to see what their next move is.
Well, if they don't respond, then that's their problem. I can see it now: You: Well, I guess they aren't here...here's all my evidence Judge: Well, since they aren't here, judgement... Is that how it would go.
