Unfortunately Tanya, I also agree. I think you may need to nail them on some other violations to go with what you already have.
Thanks Butch. Ok I have siad that the account is not mine have siad so from the begginning. If an account is not yours this is supplying false info to CRA. That should be a violation no matter who is reporting it. As Butch said they are shuffling the account back and forth from collections to oc now the collectors have sent me a certified letter which I have refused to answer. They told me they were not going to handle the account and have given it back to the original creditor. again the account is not mine. The responsibility can not stay in the air because they are kicking the account around Some one is a fault for recking my credit and not validating.
There is nothing illegal about a CA sending an account back to the OC - it happens all of the time. The CA may not have even TRIED to validate with the OC before turning it back over to them. They may not have wanted to go through all the legwork to collect on it. I'm not saying I disagree with your feelings but there is nothing in law that states an OC needs to validate and thus you won't get anywhere with it. If the account is truly not yours, you need to dispute directly with the OC and file a police report for identity fraud. You can then go back to the OC with the police report and they should remove it.
If you are absolutely positive this is not your account, and you have tried contacting them several times (and have a papertrail showing this) and have done everything you can to get them to correct this error, then yes, I think you could successfully sue them and if the above is true, I think they will correct it upon receipt of your summons and complaint and will try to settle with you. Be sure that they didn't buy the account from someone else though. I've been there done that and would have been really ****ed if I had based my case on the fact it wasn't mine. Ut oh...it *was* mine...just sold to another bank. Good luck! L
thanks guys. I have time to work out all of the details to be prepared. court not until second week in june.
Dear TMitchell said: "There is nothing illegal about a CA sending an account back to the OC - it happens all of the time." Of course not. I didn't say there was. The illegal act is the failure to comply with her demand for validation as per FDCPA. And Again: "The CA may not have even TRIED to validate with the OC before turning it back over to them. They may not have wanted to go through all the legwork to collect on it." If they do that they must delete the tradeline. Why? Because they failed to validate. (I'm assuming of course that the CA did place a tradeline).
