Spreading this one around for as much wisdom as I can get right now: Passive or not, I believe the following proves Cap1's guilt and gives me plenty of cause to demand deletion immediatley of negative items Cap1 has on my reports. I wrote them a verification letter (to say the least) and included my name, adresss and account number as is listed on the CRA's (you know those incomplete versions) but account numbers none the less. Got a letter back from them (Cap1) and they included a copy of the letter I sent originally showing all of this and they wrote the following. I am paraphrasing (for my own protection)but the facts are here: Dear Moneyelf "Thank you for writing balah blah blah, We have to research your query but in order to do that we need your your account number or social securuty number. From the information given we cannot locate this number. Please write your account number in the space below and return this letter and the copy of your original correspondence blah blah blah...." They even included a pre-postage paid envelope for my convenience! How nice of them. Then they say they are sorry for problems this may have caused and "Please call if we can help blah blah blah..." First I am NOT sending them my social security number (so If they get a hold of it the CRA's will be guilty of giving it to them. Plus they already have the account number as it is stated on the CRA reports So what I need assistance with is this: Who do I write to next? Cap1 or the CRA's or both and which type of letter to I send for maximun efficiency for deletion? Templates/examples would be greatly appreciated. I mean obviously they do not have just cause to be reporting or am I missing something? I wrote about the items before. So I won't elaborate with long details since I am now needing to focus on my next step in light of this new evidence/proof. But bottom line, they are reporting false information. Should I send a copy of my letter to them and their letter to me to the CRA's and demand deletion (Deletion letter sent to 2 Cra's already with no result. Except one verified ( ) and I recently sent that one a procedures letter)? Or should I send an ITS letter to Cap1 and/or the CRA's. Really need a template/sample for this, if so. Any and all help is appreciated. I did a little whoohoo! in my car when I read the Cap1 letter. Would like to someday, very soon, post a BIG Woohoo to celebrate deletions. I asked for statements and everything and this letter and postage paid envelope is all they sent. Mixed joy but I think it is a start. Thanks, the moneyelf
Well, before you can go to an ITS, you need to request the CRAs to verify the account. Unless C1 is acting as a CA (usually under the D/B/A of their subsidiary WestMoreland Agency), C1 would only fall under the FCRA, and not the FDCPA, which means that to make the violation sueable, it needs to be after a verification request they are reporting inaccurate information. I would send a copy of this letter stating that C1 can't find the account, along with your letter to C1, stating that C1 can't find an account for you, and are reporting inaccurate, and unverifiable information about you, in violation of the FCRA. Chances are good that the CRAs will all contact C1. But if the CRA's verify it, then I would send a second letter stating that "On XX/XX/XXXX your company admitted in writing that you could not find an account for me. However, you verified the existance of an account with the CRAs on XX/XX/XXXX (if you only dispute one the date on the report confirmation should be an approximiate date that C1 responded.) Since you have admitted that you can not locate an account for me, it is apparent that you are reporting, and verifying knowingly inaccurate information with the CRAs in violation of the FCRA." P.S. This is only what I would do in your situation, but it also would depend on the amount of the account, whether the account was within the SOL, etc.
