I have been having issues with this one credit card issuer who just will not go away. They are reporting a charge off on my EXP report and verified 3 times. I had sent them 2 separate letters asking for validation and they ignored my request each time. I then filed complaints with the BBB and FTC, and that finally got their attention. Today I received a cute little letter from them stating the accoutn was transferred to a CA, and that the CA was now responsible for providing me with the information I am requesting. They also admit in the letter a copy of the original signed application is "unavailable." I know its not the CA's responsibility to provide me with information to prove the OC's tradeline. I am sending another letter today demanding deletion, and with an implicit threat I will file suit. Anyone have any other ideas?
I would demand that they tell you which CA it is. Then I would begin the validation process all over again with the CA. When THEY fail to validate, go with estoppel and then an intent-to-sue letter. (By the way, they've done you a favor by transferring a debt that can't be validated to a third party -- because now you benefit from the full plate of protections the FDCPA affords.) You should view your efforts thus far as a SUCCESS rather than as a failure. You have successfully pestered the OC to wash their hands of you. Now you will be dealing with a third party who is far more limited vis-a-vis how they can proceed. Doc
The CA is not reporting, the OC is. They told me who the CA was, but I do not feel it is Gulf State (yes our good friend) responsibility to prove the information reported by the OC. Do I have to contact GS in order to prove the OC's reporting information? THey "transferred" this account back in 1999 according to the letter. Even though the letter states they cannot provide me with the original application, I am sure if I send it to EXP, they will find some way to twist it in the OCs favor.
Right, I did understand that the OC is reporting, and I don't think you are at the end of your rope. I would move full steam ahead with the new CA and demand validation before they can even catch their breath. One of two things will happen: 1) They will realize you are trouble and immediately return the debt back to the OC, or 2) Fail to validate, wash their hands of it, excuse the debt, and apologize to you. If #1 happens, continue to pester the OC. If #2 occurs, then remember that OCs are responsible for the behavior of assigned CAs -- you can then effectively threaten both the CA and the OC with an intent-to-sue for improper validation and settle for tradeline deletion. Perhaps others will have different advice for you. Doc P.S. Remember that I'm just responding to an open call for opinions. I'm no lawyer and, therefore, these comments aren't offered as legal advice. Swim at your own risk!
Re: Re: I am at the end of my rope Doc P.S. I'm no lawyer PsychDoc | ==================== I know but I thought rocket1977 Was. THE END ** *** ** LB 59
Re: Re: Re: I am at the end of my rope I am not a lawyer yet. I just took the Bar Exam last week. I was just asking for advice on what I do further short of filing a lawsuit.
Re: Re: Re: I am at the end of my rope Apparently filing a complaint with the BBB does not do much of anything. All the OC did was send me a letter saying "Yep the account is yours, but we do not have a signed application with your name on it." The BBB stated it can take no further action Looks like I my first case as a future attorney will be on my own behalf.
Re: Re: Re: I am at the end of my rope Cheer up Rocket. We used to have a poster here named Squawk something or other who is a lawyer. I knew him first from the motley fools where he said a divorce at the beginning of law school created some credit problems and the first Federal Court case he ever filed was his when he sued 2 CA's in Federal Court in New York City. Sounds like good OTJT!
