Hello All, Well this is the one battle I need to get advise on as I am starting to feel that I may miss something. So I thought I would share a brief summary and see if my check list is correct. (more history previous postings see TSR Wireless, I GOT Them, etc) Okay, I have stated from the beginning with two CRA that this account was credited due to a billing error and should of not gone to collections. I however had no proof of this as the crediting took place several years ago over the phone with a customer service rep from TSR Wireless. Since then TSR has gone out of business and was bought out by Network Services. I have disputed this with two bureaus at least 7 times and TU has since call this frivilous and to not dispute again (twice). I have since sent out a RR letter demanding validation with the CA holding this account and have until August 5 for it to expire. I did a little homework and contacted the new OC advising them of my problems and they have provided a letter stating that I never owed TSR any money that it was a mistake that it went to collections and they have issued this information to the CA to have it deleted (see below). I received this letter this morning. I have contacted NS this morning asking them to put in writing the date the information was given to the CA to delete the account. (waiting now) Meanwhile, since the CA has had my letter they have not reported my account as in dispute and since TU will not reinvestigate and the other CRA is disputing I am not sure what kind of multiple violations I have here. This is my check list/ Questions 1) RR Validation Letter (green received) Not showing disputed w/two CRA - 2 violations 2) TU refusing to verify twice and other TU disputes were just verified from CA as mine (unknown violations need help on this). I did read post "Validation - Yeah, right" written on 7/25 in which "Butch" listed a legal case that MIGHT be consistant with my issue. I need Board Opinion on this. 3) If the OC gave the CA the information to delete and the CA did not and it sat on my credit report for several years than what damages can I show? Blatent disregard to report correct information. Even after I notified the CRA of inaccuracy and it was verified at least 7 times. 4) If the CA does not respond with Validation than what is the violation? 5) I have specifically sent both CRA a letter demanding they stop verifying through the CA and go through the OC for accuracy. Doesn't the CA or the CRA have a responsibility to go further than verify on computer that there are inaccuracies specially if it is demanded by the consumer that the information is not correct. Basically, they both called me a liar and TU specially slammed the door in my face twice. I launched a dispute last week so it can coinside with the green card validation and they said it was a fradulante and not to dispute again! I need help here I have been learning about all this for about 5 months now and do want to do a suit. However, I don't want to make any mistakes can you guys offer opinion and point me in the right direction. Also, do you think this should still stay in small claims or go higher? I really need help here and do appreciate all the wisdom of the board to help me achieve what we all are trying to achieve. Consumer Rights! Thank you for your help!!!! ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Below is the letter sent to me this morning from the new OC This letter is to inform "Nugentk2" and any credit bureau trying to collect on Acct# xxxx with Network Services formally knows as TSR Wireless that a major mistake was made on this particular account with "Nugentk2" in which the account was forwarded to Credit Bureaus such as NRA for collection . "Nugentk2" did not owe us any amount to be collected & any amount forwarded to these Credit Bureaus has been removed by us, and credited to the account. There was no payment made to be classified as collection payment, the balance was removed by our accounts receiveable. Signed XXXX Network Services
Make a copy of that letter and send it to any of the CRA that have that tradeline listed. Tell them to remove it at once. IF they dont. Sue them.
I called TU this morning they said they would not accept any documents written by anyone other than the CA. They said if it came from the OC it is useless to them. BTW I just listed a complaint with the FTC. Do you think I should just go ahead and send the letter anyway to TU and force them to reinvestigate? Can I do such an act???
Wait a minute. THE CA is collecting for the OC, if the OC says, THe CA is wrong therefore both CA and TU are in Violation of furnishing information that isn't correct or accurate. Sue them I wouldn't even screw with them anymore. If the CA bought the debt then thats their fault, they got screwed not you. You paid for the bill and have proof from the OC. I would sue them both (CA and TU) for harrassment too since you told them the information they needed to hear and did they validate the debt? I doubt they did. What state are you in? is the SOL expired? I would check into all these things. I would them file a complaint for the maximum amount of violations as possible. If they want to settle I would settle for no less then deletion and a fair chunk of change for the mental stress this has caused you. I am not a board veteran but seems like you needed an answer quickly.
The way I read their letter is that they "PULLED" the account frm the CA...so they DON'T have any right to collect...so you have no need to ask the CA for any help...and the CRA can NOT say that the letter is not acceptable!!! THEY HAVE TO ACCEPT IT!!! ACCEPT IT OR SUFFER THE CONSEQUENCES!!!
I am ready to sue them, just need the board to help me organize this so I don't miss anything. This is the time when you know your are right, but your knees start to shake. I think the main thing is getting all the violations down so I can look knowledgeable enough. I actually would like to take to a higher court if the Board feels that is appropriate. Everything I know is in my first thread and I need someone to pick through it and give me specifics for violations on the CRA and the CA.
Should I go ahead and send the info and demand another investigation? or take the verbal from TU and start legal proceedings? Also, do you think I have a case would you do some picking in my first thread. Please, Please.....
Dear Nugent, You're case is relatively cut and dry. You have all the ammo you need to get your deletion. It's just a matter of PUSHING your position. Don't back down. We are in a paperwork battle. It really matters not what you're told on the phone. In fact just today, after having an account sent to CA IN ERROR and having the derog removed, I called to find out why their 3 hard collection inquiries remained. I was actually told; "Oh well there's nothing we can do about the inq's." I asked; "Can I have that in writing?" Needless to say that went over like a lead balloon. Long story short I got my deletions because I convinced them; I knew the law I would hold them responsible for breaking it That they could delete now or PAY me later, their choice I was the last person in the world to tolerate this crap [/list=A] § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (2) Prompt notice of dispute to furnisher of information. (A) In general. Before the expiration of the 5-business-day period beginning on the date on which a consumer reporting agency receives notice of a dispute from any consumer in accordance with paragraph (1), the agency shall provide notification of the dispute to any person who provided any item of information in dispute, at the address and in the manner established with the person. The notice shall include all relevant information regarding the dispute that the agency has received from the consumer. (B) Provision of other information from consumer. The consumer reporting agency shall promptly provide to the person who provided the information in dispute all relevant information regarding the dispute that is received by the agency from the consumer after the period referred to in subparagraph (A) and before the end of the period referred to in paragraph (1)(A). You're well on your way to victory. Just call the CA and make sure they have a copy of this letter from the OC. If not fax one to them. Once that's done just re-dispute with all relevant CRA's via CRRR in order to preserve your private right of action and trigger the 30 day time frame. I'll be happy to critique your letter if you want.
Butch, Thank you for taking a look at the thread! I am curious do you feel that this is worthy of going to court? I ask for two reasons 1) I have been fighting this since April 2) I am buying a house and can use the money. Their actions are blatent. I am waiting for the complete damage letter from the OC as to WHEN they told the CA to delete and they never did it. What are your thoughts????
Well it depends on your goal. I always assume the goal is to get the cr fixed. But if it's to make some money that could be a different story. It's not so easy to get money from the CRA's because many judges take it easy on them even when you win. I would follow the advice of my post above and if that fails I'd definitely file suit. Once you present them with an actual case number you'd get resolution very quickly I'm sure. On the other hand I think filing a suit is valuable experience for you. If you need to file go ahead. Better to do that on a cut & dry case that HAS to go in your favor as a matter of law. The experience would be invaluable. Good luck, keep us posted.
