Filed BK in 1998 which included Citgo for under $150 (it was not suppose to be included) Contested it as not mine in 2001 and it was removed from all three CA's.. Citi took over Citgo. Equifax inquires on 02/21/2002 AR-Citgo/Citibank SD 02/22/2002 AR-Cosi Receivables MGT Inc They added it back to all three reports. Protested as not mine with Equifax. They confirmed by pulling a third soft inquiry. 03/15/2002 AR-Citgo/Citibank SD And added the statement included in chapter 7 bk. I no longer have a relationship with them. It ended in November of 1998, what gives them access to my account. Where do I go from here??
You can go one of 2 ways with this. 1. Send a letter telling Citi you have no business relationship with them... ask for 1k for impermissible purpose. 2. Do same with receivable management company... when you get their response about the account... you can either hammer them right then with the bk paperwork or set them up for more violations... 3. send a validation request to both Citi and Cosi... Citi will likely come back and say "original creditor not subject to fdcpa..." but they are required to confirm the account and they are liable to the fcra... then they'll both either violate the fdcpa and fcra in addition to violating the auto stay of the bk... or they'll back off if they back off.. then you can send another letter with your info and bk discharge...and again ask now for 1k from Citi and 1k if that other company is a CA and you can get it. that's a no brainer for a judge or jury... no permissible purpose without an account... and if they add in a trade line without validating... well.. you can really get them regardless of how quickly you bring the bk to light... you have them all on impermissible purpose cold. have the inq's removed in full as the inqs connote collection activity and lower your scores (and creditors will think you're in trouble again... they will not assume it's from bk discharged debts) they likely won't want to bother removing the inquiries... then once you prove your impermissible purpose issue with Citi et al.. you can also sue the credit bureau if you want to... def: file means all info regardless of how stored or dissiminated... means inquiries too must be investigated and removed if impermissible or you can just 1. send letter with bk paperwork and impermissible purpose letter demanding 1k per violation... up to you how to proceed are you sure this can only be the Citgo acct?
Thanks Marie, Both are Citgo, on one of my reports it indicated Cosi Receivables MGT Inc had a permissible purpose (not really) to pull the report and re-insert the account. I am looking for the paperwork. First startegy sounds like much more fun and should be very educational. I will keep you posted.
