An OC is listing a debt as charged off. I wrote them a letter disputing the debt stating that I did not believe I had any account with them and I requested that they reply with a copy of the contract used to open the account and statements showing I was past due. They did reply with an EXTREMELY poor quality contract which was not legible except I could make out my signature. They then stated that the contract stated I was required to pay $8 per previous statement since I was already provided with each statement once. I replied stating that I never received any statements showing I was past due and I challenged them to show me otherwise. I also requested that they send me a legible copy of the contract which requires that I pay $8 per page. They never replied but continue to verify the debt on my credit reports when I dispute it through the CRA. Any advice?
WHO DID THE CRA VERIFY WITH??? (name of person, business name, address, phone#) WHAT PAPERWORK DID THE CRA RECEIVE THAT VERIFIES THE DEBT??? Ask the CRA these questions...sometimes they "VERIFY" by looking on the computer and "VERIFY" it is on your credit report!!!
Re: Re: Can OC charge you for statements? LOL. I did exactly that and Experian replied with a form letter stating something to the fact that when I dispute something, they contact the source and verify that the information being reported is correct. Then they update my credit report appropriately. Then they state that they do not store any documents related to the entry and I must contact the source directly (which I obviously already did and I informed them of this). I am also getting sick of experian replying with the form letter stating that they can't use the documentation I sent them (ie. original contracts, letters from companies, etc). What documentation will they accept? JESSH!
Re: Re: Re: Can OC charge you for statements? I THOUGHT IT WAS NOW ILLEGAL FOR A CRA TO REFUSE DOCUMENTATION FROM YOU THAT WAS SENT FROM THE CREDITOR?!?!?!? What the penalty is...who knows...probably they have to send you a FREE CREDIT REPORT OR SEND YOU A CHECK FOR $8.00?!?!?!
Re: Re: Re: Re: Can OC charge you for statements? From Sec. 611 FCRA 4) Consideration of consumer information. In conducting any reinvestigation under paragraph (1) with respect to disputed information in the file of any consumer, the consumer reporting agency shall review and consider all relevant information submitted by the consumer in the period described in paragraph (1)(A) with respect to such disputed information.
Re: Re: Re: Re: Re: Re: Can OC charge you for statements? 1*They then stated that the contract stated I was required to pay $8 per previous statement since I was already provided with each statement once. 2*I also requested that they send me a legible copy of the contract which requires that I pay $8 per page. SUNHAWK ================= I think you are misunderstanding the meaning of items one and two. 1*An example here would be that you got the monthly statement lost it and request a replacement statement then they can charge you the 8 bucks for the replacement. This clause is not in reference to a dispute however. 2*Same goes for this one also ; provided you are not requesting it due to a dispute. ********************************* **************************************** quote: -------------------------------------------------------------------------------- Originally posted by LBrown59 *No not in matters involving a dispute. -------------------------------------------------------------------------------- Can you elaborate? SUNHAWK =============== *The various consumer protection laws clearly prohibit a creditor from charging a consumer anything for documenting a disputed claim. Hope this all helps. The END ************************* LB 59 ************************* ************ PS: The two clauses about charging you for copies are not legally enforceable because they are outside the scope of applicable law.
Re: Re: Re: Re: Re: Can OC charge you for statements? Thank you for your reply. This is exactly what I thought but I looked all over the place looking for a specific law referencing that, in the case of a dispute, they must provide me with documentation free of charge. I know many people have alleged this but I have been unable to find any specific references. Since they are an OC, they are not subject to the FDCPA so that's out. I can't find anything in the FCRA about it. I can't reference the FCBA (Fair Credit Billing Act) because it states I must contact the creditor within 60 days of the first bill containing the error. I didn't receive a bill...if I did, it was 3 years ago so I think that would be out. I also searched the MICHIGAN CONSUMER PROTECTION ACT and cannot find anything there....what am I missing?
Re: Re: Re: Re: Re: Re: Can OC charge you for statements? I also searched the MICHIGAN CONSUMER PROTECTION ACT and cannot find anything there.... 1*what am I missing? SUNHAWK =========== 1*This board deals mostly concerning the acts you sited, however there are other laws such as business and contract law which is not generally referenced here.
Where Can I... ...locate these laws??? Cap1 is attempting to charge me $3 for about 4 years of statements. Background: I am trying to pay this charge-off account (closing on home in Feb); however, the CA (NCO) has an amount that is $400 more than what is listed on my reports. I am not sure which is accurate and requested all statements, charges and fees from Cap1. I received a copy of their standard contract (without my signature) and copies of the 1st 3 months of statements (start in June of 1999). To receive the others, I was told to pay $3 per statement.
1*They then stated that the contract stated I was required to pay $8 per previous statement since I was already provided with each statement once. 2*I replied stating that I never received any statements showing I was past due and I challenged them to show me otherwise. SUNHAWK ************************* 1*This is correct for un disputed accounts only. 2*This doesn't matter What matters is they can't charge you for any document(s} on a disputed account. http://www.justsaywow.com/newfun4/mooyear.cfm ..
Re: Re: Re: Re: Can OC charge you for statements? It is but it don't make no matter if you don't take them to court.
Re: Re: Re: Re: Re: Re: Can OC charge you for statements? When you dispute an account they have to prove their point by furnishing the documents free of charge to the consumer.
Re: Re: Re: Re: Re: Re: Re: Can OC charge you for statements? Just to chime in here.... It goes back to my 04.22.2003 post. Where does it say this? That is the problem. You can contact the OC and say this account is in dispute so I get the documents for free and with no law to quote, they will reply with: No you don't unless they are just being cooperative. In my case, they never actually sent me any of the statements I requested. They DID however completely delete when I became such an annoyance they couldn't stand it anymore. I am actually in a situation where I am trying to help a relative get an account removed from her report. Although the OC did send us some original account records, it was only after I threatened suit. I am going to contact them for more in the near future...they could easily say though...we have provided you enough. Therefore, I am going to put a little spin on it and make it look like they are required to provide me them. I will say: "In connection with my upcoming court case against Citizens Insurance Company, I am requesting that you, as their agent and holder of their account records, provide me with the following as part of pre-trial discovery in order to properly build my case." Although no suit has been filed, we do plan on suing dependiing on what the agent has so it will be *upcoming*.
