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?
Think I read somewhere that OC is not governed by the FDCPA. If this is true, they don't have to respond to any of your validation attempts. They are covered by the FCRA, as a furnisher of info. - so you might get them on a FCRA violation if they are reporting inacurate info...
