FTC: thanks for nothing!

Discussion in 'Credit Talk' started by Marypc, Apr 16, 2001.

  1. Marypc

    Marypc Well-Known Member

    As some of you know, I have been disputing a GMAC item on my credit report, a charge off from 11/95. GMAC admits to me over the phone that they cant send me any account info because it is too old,nor can they provide me with any validation of the debt. Yet, they continue to verify the entry and recently added a comment that the account was 30 days late on 36 separete occasions. (absolutely untrue). Based on the advice of some posters I filed a complaint with the FTC. They sent me an e-mail response, basically saying that I can only dispute info that is inaccurate, not simply unfavorable info. They further advise that while what is happening is definitely a violation (creditor supplying info they cant verify) my only recourse at this point is to hire an attorney and sue them privately. I think its a form letter.

    Thank you to Reshod, Marci and Doris (hope I am not forgetting anyone ) for your useful comments, I appreciate the support. I believe I will have to go ahead and file a small claims suit over this one...I cant wait two years for it to fall off. Wish me luck!
  2. Marypc

    Marypc Well-Known Member

    the above "thanks for nothing" comment was directed to the FTC, and certainly not to the helpful people who answered my original post! Just wanted to make that clear :)
  3. Hal

    Hal Well-Known Member

    Be sure you include the fact that they not only verify the debt, but in addition have added information to your report on an account that they have informed you they cannot provide validation on.

    Good Luck.
  4. kristi

    kristi Guest

    Rather then hire a lawyer, I would send a certified letter to the credit and cc the credit bureau advicing that recently the FTC advised you to file suit. That alone may put a fire under the creditors rear to take action. Prove it or remove it is just as powerful as "If it's not legit, you must equit". This scenario should not require a lawsuit because the FCRA states that if the bureau says it's accurate based on what the creditor supplied, then that creditor must show proof. If they can't, it cannot remain. At that point the bureau would be forced to remove it.

    Good Luck
  5. Marypc

    Marypc Well-Known Member

    Kristi, let me make sure I understand. I am sending General Motors a copy of my FTC response, highlighting the portion telling me my only recourse is to hire an attorney, and copying the CRA's? ? Will GMAC recognize that this is most likely a form letter, i,e.,not specific enough to be a real threat?

    I sent the CRA's a letter requesting info on their verification process, advising them that GMAC has produced nothing, and all I got by was of response was another verification entry. I guess Im just worried that the CRA's will continue to do their verification routine and stand by it, as they have up to now. I hope this does make a difference, I will send it out tomorrow.

    Thanks for your help, I'l post regarding any responses.
  6. cream

    cream Active Member

    Hi Marci. I would just write them and mention that the FTC
    "suggested" you file a suit. Don't include an actual copy of
    their form letter though. Let GMAC worry about whether they should sweat it or not. For all they know the FTC letter could have been really hard on them, don't diminish the threat.
  7. Kristi

    Kristi Guest

    Cream is right. Let them think that the FTC is deeply involved. If that doesn't work then you have a certain case of FCRA violation. You can do alot here, just play the game. When you're dealing with these political giants such as the CRA, it takes time to make headway. However, from what you said above, I think you can get this thing removed no problem just by doing a couple of things.

    Remember, a CRA carries liability if they continue to report an unverifiable debt. They are NOT off the hook just because the creditor said it as accurate. Now the bureau must show you, at your request, absolute proof of that debt and if they can't, you win.

    Carreon & Associates

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