debt paid to original cr, not ca ?

Discussion in 'Credit Talk' started by Kirby, Mar 19, 2002.

  1. Kirby

    Kirby Well-Known Member

    I have an account that is listed as 405.00 to a CA. The actual balance was 13.70 and I have the receipt that shows a balance of 13.70, and the payment for 13.70 that shows the amount brought down to zero. I think the CA originally calculated the high amount for unreturned equipment, which I also returned. However, I didn't pay the CA, I paid the creditor, but the CA is showing Paid In Full (with the higher amount of course...)

    I would like to go after the CA for incorrect reporting, and would like to know what I can bring up since I paid the CR, NOT the CA, so shouldn't the CR be reporting, NOT the CA?

    Does anyone have any ideas on how to go about this one?

    Thanks

    K
     
  2. Nave

    Nave Well-Known Member

    Easy, and you did the right thing by paying the original creditor.

    Send C&D and Validation letters to the CA. At the same time send disputes to all the CRA's which show this on your report.

    Sample letters here

    If you have not applied for credit since this item has been reported it may be a good idea to do so now. That way if and when you have to sue the CA you can increase your proof of damages. Apply for something with no fees and something you will most likely get denied for, that way if you get it you will still be happy.:)

    Since you have the proof of payment there is NO WAY the CA can get proper validation from the original creditor so if they validate to you OR if the CRA gets verification from the CA, you have them NAILED. If the item is NOT promptly deleted in 30-45 days file a suit with your state court for damages against you and violations of the FCRA and FDCPA for the maximum you can file in small claims in your state (usually around $5000). Once the CA gets served you will get the account settled both for deletion and some ca$h if you want it.

    Good Luck

    -Peace, Dave
     
  3. Kirby

    Kirby Well-Known Member

    Okay so you are saying -

    Ask for validation from the CA and dispute the account with the CRA? I want to make sure, because I was going to send the CA a letter with a copy of the receipt stating that I want them to delete their incorrect tradelines because they have had over two years to do this and it is still incorrect.

    Keep in mind this says paid, by the way. I know everyone says that they still have to validate debts, paid or unpaid, but that seems so strange. I will try that however.
     
  4. Nave

    Nave Well-Known Member

    Yes that is what I am saying. Don't send them copies of the receipt it will more than likely do no good. Just send a simple and strong validation letter. When you dispute, dispute as NOT MINE.

    It does not matter what the CA says, you paid the debt to the original creditor so the CA has no basis for reporting the debt paid or unpaid. It is not their debt to report.

    -Peace, Dave
     

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