CA vs Original Creditor

Discussion in 'Credit Talk' started by tmeda, Aug 12, 2003.

  1. tmeda

    tmeda Well-Known Member

    I have a collection account appearing on all three of my credit reports for $200. It is for Hundredfold Financial Recovery in Michigan. The problem is that they no longer hold this collection account and it was returned to the Original Creditor in March of this year. Recently they have verified with all three credit bureaus that this information is accurate but how can it be accurate when they no longer hold this account. They sent me a letter with a ficticious address claiming that they have verified my information necessary to pursue this account for legal action and if I didn't pay $298.53 and it must be received within 10 days. Failure to comply will result in our immediate recommendation that litigation be filed against you. This is your final chance to avoid any further collection activity. How do I get them to remove the entry from each of my credit reports. Have they violated any laws. Also this letter was dated for July 24, 2003 but was not postmarked until August 4, 2003. Any suggestions???????
     
  2. ms6073

    ms6073 Well-Known Member

    Assuming that there is no way to refute/contradict your assertions concerning the Acct/OC/CA, then you should consider drafting both a cease and desist letter as well as a 10-day intent to sue letter outlining the CA's violations of the following Sections of the FDCPA:

    § 807. False or misleading representations [15 USC 1962e]

    A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.

    2) The false representation of --

    (A) the character, amount, or legal status of any debt;
    .
    .
    (5) The threat to take any action that cannot legally be taken or that is not intended to be taken.
    .
    .
    (8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.
    .
    .
    (14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization.



    Michael
     
  3. tmeda

    tmeda Well-Known Member

    Thank you for responding but I have a few problems. Would you happen to know where I can locate a draft of this letter. Once I submit it to both the original creditor and the collection agency can I demand a deletion of the entire account from each credit report?
     
  4. lbrown59

    lbrown59 Well-Known Member

    1* Once I submit it to both the original creditor and the collection agency
    2*can I demand a deletion of the entire account from each credit report?
    tmeda | 2 posts since Jul 2003
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    1*Why submit it to the OC when the CA is the one giving you trouble?
    2*
     
  5. tmeda

    tmeda Well-Known Member

    duhhhh!!!!!!! Thankfully I only sent the information to the CA. Thank you much for your response. I sent the 10 day intent to sue letter yesterday as well. Do the collection agencies normally respond before the 10 days or will I have to prepare filing papers?
     
  6. lbrown59

    lbrown59 Well-Known Member

    Do the collection agencies normally respond before the 10 days or will I have to prepare filing papers?
    tmeda
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    It could go either way.


    THE END ** *** ** LB 59
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  7. tmeda

    tmeda Well-Known Member

    Well in the meantime i'll just wait and see what happens. Thank you for your response!
     
  8. lbrown59

    lbrown59 Well-Known Member

    That's about all you can do at times.
     

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