Hello i recently disputed about 10 entries on my TU. 6 came back deleted. i had disputed a couple times online. DMCCB (direct merchants) came back not only still remaining as: DMCCB bal-$0 most owed-$944 purchased by another lender opened 2-2000 paid off 7-01 (repurchased?) updated 7-03 charged off as bad debt. but after this last dispute what also pops up in addition to that entry is this: >collection record< Truelogic Financial placed for collection 5-04 updated 6-04 balance $1351 most owed $978 12 metris Direct Merchants Now aside from having two negs for the same debt, i realize one is a collection for the DMCCB, but can they both stay on? Also the true logic collection agent makes it appear that this debt is brand new as of 5-04. Also I noticed that the True Logic supplied identifier information with an old address that is not listed on the the TU report (since I had disputed it off in the past). TU sent me a letter about the disputed trade for DMCCB, citing it as Frivilous and they wont reinvestigate. How is it best to approach getting either the DMCCB or this new truelogic entry off? Send eacha request for validation from my new address? Does ti matter that they are using an old address that is at least no longer listed on the TU report to connect the trade? I appreciate any help. thanks!
An OC doesn't have to validate under the FDCPA, since the FDCPA doesn't apply to original creditors, only CA's. So, if you send a validation *UNDER THE FDCPA* then you would direct that to the CA. Once you know that the CA has signed the green card, *THEN* you initiate the dispute through the CRA's for max effectiveness.
So basically Im stuck with the original DMCCB trade on there no mater what and I need to send a validation just to Truelogic who presently owns the debt now? is there any way to get the original creditor to get that entry off as well? Also if I send the new owner of the debt a validation letter won't they likely fabricate something with my new address on it? are they likely to even give me anything outside of a printout since I doubt they have the original CC contract?
If they fabricate something with your new address on it, that's a violation. General deceptive business procedures; do you have a way to *PROVE* when you moved to the current address, was after you opened he account in question, lease, etc? If they don't have the original application, they have to request it *FROM* the alleged original creditor. When you request validation from the CA, they are *SUPPOSED* to go to the original creditor to obtain the validation.
So I should should request validation from the present owner of the debt (truelogic)? and send nothing to the original creditor at all?
The current CA is who you'll need to deal with. You may not be 'stuck' with the OC permanately, but when you get a PREVIOUSLY INVESTIGATED response, you need to do a little bit more work to get behind it. But I wouldn't do anything on the CRA front (with the OC) until the 35 days has fully elapsed, just in case, they actually did start an investigation.
