I defaulted on a credit card some time ago... I got a letter from a CA 10 months ago... I disputed. They never validated. I sent an ITS letter.. they said they did validate months ago and they are sorry I never got anything. - They included copies of the last 8 or so months of statements. Now, I stopped paying in Feb 02. The statement, and after checking, my credit reports, are showing a payment made in Oct of 02 by telephone from another state. I called the CC company, and the CSR only had limited info since the account is so old. I know for a fact I did not make a payment, let alone from the state the CC statement says. (CT) Any suggestions on this issue?? I have a ton other things that I'm working on - the fact that the CA tried to collect on the account three times without ever sending any info after I sent the dispute, etc. But I wanna find out if this is also something I have in my favor somehow. Thanks!!
Hi Steve, A lot of times an OC will "archive" their records. That's why the CSR had "limited" info. because it was "so old". What they don't realize is that this may create a cause of action for the consumer. § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (a) Duty of furnishers of information to provide accurate information. (1) Prohibition. (A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate. To situate their account records in such a way as to make it practically impossible to get info., is a violation of the FCRA § 623. By storing their records in such a manner they have "consciously avoided knowing" whether or not what they report is in fact correct. see? .
Ummm too bad section 623 (a) IS NOT ACTIONABLE BY A CONSUMER !! Most consumers often overlook the WHOLE section ONLY section (b) is actionable, and that is ONLY by sending a dispute to the CREDIT REPORTING AGENCY. (most state laws can get you around this though) § 623. Responsibilities of furnishers of information to consumer reporting agencies- (c) Limitation on liability. Sections 616 and 617 [§§ 1681n and 1681o] do not apply to any failure to comply with subsection (a), except as provided in section 621(c)(1)(B) [§ 1681s]. (d) Limitation on enforcement. Subsection (a) shall be enforced exclusively under section 621 [§ 1681s] by the Federal agencies and officials and the State officials identified in that section. If the account was "transferred or sold" to a collection agency, the "Sale" consituted payment to the account. You should request validation (be aware they DO NOT HAVE TO CEASE COLLECITON efforts because its past the 30 day validation period) BUT request specifically the "date of original delinquency" and "legal status" of the debt. And these "intent to sue" letters do little but annoy the collection agencies, UNLESS it is accompanied with a filed summons
The reporting responsibilities under a becomes actionable under b when the consumer initiates a dispute with the CRAs. They are actionable, the consumer just has to force them to become actionable.
Re: I didn't make the payment - who LOL huh? ONLY section 623 (b) is actionable by the consumer. PERIOD. NOT SURE HOW MORE CLEAR IT CAN BE. This is a QUITE COMMON misunderstanding by consumers. (c) and (d) establish this. (c) Limitation on liability. Sections 616 and 617 [§§ 1681n and 1681o] do not apply to any failure to comply with subsection (a), except as provided in section 621(c)(1)(B) [§ 1681s]. -WHERE 616-617 establish the consumers recourse for noncompliance. (d) Limitation on enforcement. Subsection (a) shall be enforced exclusively under section 621 [§ 1681s] by the Federal agencies and officials and the State officials identified in that section. -WHERE 621 is the availability for STATE's of FEDERAL AGENCIES to sue FOR a consumer. "EXCLUSIVELY" -Not sure how a consumer can "force" a change in the law.
Re: I didn't make the payment - who Alright, well at least that is something I can look into more. As I said, right now I'm working on the fact that they failed to validate the debt and continued to demand payment in full on the account. I just wanna get all my ducks in a row if the time comes when they are needed. Thanks!! Steve
Re: I didn't make the payment - who Payment by a CA to purchase the account is not a payment of the account that resets the DOLA.
