Re: Re: Re: could I use this as leverage? how can it be an AR if the account is closed? This situation doesn't fit the definition of a PP of an AR. when i go home tonight I'll research it some more though.
Re: Re: Re: could I use this as leverage? Of course I've read that letter, but it doesn't address the issue of the OP. Remember, the OP is asking the CA to do an investigation of the reporting. The CA is not, out of the blue, pulling the report for collection or solicitation purposes. The OP, in essence, (in my opinion) is giving the CA PP by asking them to investigate the TL. I've notcied may times that if you dispute the reporting of a closed OC, directly with the OC, you'll notice they will often pull ARs. It might not be PP, but then again, it might be. I think it's a gray area and I can't find any case law that supports or doesn't support the OP's theory (Although I don't think there are any FTC opinion letters that directly address this situation, they are, in the end, just that, opinion letters).
Re: Re: Re: could I use this as leverage? Now I think I get what you are saying. Are you proposing, since he sends them a letter, and assuming he is signing it, he is giving them written instructions to pull? 2) In accordance with the written instructions of the consumer to whom it relates.
Re: Re: Re: could I use this as leverage? That must have been the way the small claims judge saw it, because Quixote lost his case. But, small claims judges are erratic and in no way construct case law that is relied on. IMHO, there is no PP for a closed account when you inform the creditor they are reporting wrong. They should have internal records to substantiate their reporting and not rely on CRA's to inform them of what/how they reported.
Re: Re: Re: could I use this as leverage? If that isn't proof positive then I'm sure I have no idea what is.
Re: Re: Re: could I use this as leverage? "I beleive your company is incorrectly reporting the details of my closed account, #________. Please validate/verify/review <pick one> my account history in your files and update the CRA's appropriatelyy....." something to that effect... I don't see any reason whatsoever for pulling a CR for a scenerio like this. It would do them no good, as the only way to settle the matter is an internal review of the account. it needs some thought still, but I htink one could word the dispute in such a way as to make pulling a CR clearly not within the bounds of the dispute... then see if they run on auto pilot and pull it anyways. "I requested of Joe Shmoe collections to validate your records and update the CRA with your findings. In no way did I authorize you to pull my CR and invresitgate my credit worthiness, financial status, and personal information, nor is there any fathomable purpose for you to do such. I simply asked for you to review your records for accuracy and report your findings"... blah blah blah delete and send me $1000
Re: Re: Re: could I use this as leverage? There is your problem. Way too much of that blah blah blah stuff. Why not just state your case and let them run with it, either in or out of court, their choice?
Re: Re: Re: could I use this as leverage? bill, thats only a few sentences but i see our point... no need really to reiterate the previous request in such a manner - keep it brief, succint, and to the point eh?
Re: Re: Re: could I use this as leverage? Exactly! Something to the effect of "Hey you crazy loon! You goofed up and here is how. Now what are you going to do about it? Or do I have to kick it out of you in a court of law? Wake up and die right you boob! Signed Harry Balz (LOL) Of course, you might just want to reword that a bit. (TEEHEE!)
