Please advise me on what to do next. I have a couple of issues pending: 1. Experian has verified a derogatory AU account for the second time. This AU account was deleted by the other 2 CRAs on my first try..so I'm now under the impression that Experian will not remove it, no matter how many times I dispute it. What do I do next here? 2. I sent a nutcase letter to Great Lakes (a student loan servicer.. apparently not a collection agency) to remove a 120+ days late "paid" account on my report. They did not respond. I sent my "son of a nutcase" letter, demanding that it be removed in 5 days from date of receipt. The letter was signed for on 9/15. I received a letter today, dated 9/20. The letter says.. not verbatim, "your loan defaulted and was reported, and is in compliance to FCRA as specified by regulation 34 CFR 682.410 (B) (5). We received your payment in full and reported the closed balance. We recently re-notified the bureaus that the account is paid in full. Specifically, we requested that acct# XXXXXX1 be deleted, and account XXXXXX2 be reported as 0 balance/paid collection. If you have further questions, call us at..1-800-555-5..." Now, here's the problem.. aside from the fact that they did not provide me with the specific information I requested in my first nutcase letter. The accounts that they mention are only true on my experian report. My transunion and Equifax reports are showing an entirely different account numbers. In other words, I don't see the account number they're talking about in their letter as being consistent on my 3 reports. So what would the experts here suggest I do next? I did say that they should either provide the validation that this was my debt or delete the tradeline in 5 days, or else I'd sue. As far as I can see here, they did not provide the proper validation (but I'm not sure if I have a case on that since they're not actually a collection agency), and there are inconsistencies in the account numbers reported. Thank you all so much in advance. You've been a great help thus far!
I just read recently that the OC is required to do basically the same thing as a validation, but per the Fair Credit Billing Act. The FCBA gives the OC up to 60 days to validate/verify. I recently sent out several paid collection-chargeoff/nutcase letters, only to realize that most of them were to the original creditors. I have not received one validation (did get one deletion from the CA) though. I am going to wait for the 60 days to be up and then I am going to send a letter demanding deletion and site the FCBA (treating the FDCPA as a typo). Hope it works!
I'm not sure if this applies specifically to your situation - but there is a Great Lakes Collection Agency. NCO recently purchased their portfolio. I've heard that some CAs will provide student loan consolidation and rehab, which may be your case. Also, if I read this correctly, the FCBA applies to "open ended" consumer accounts (generally, credit cards), not fixed payment accounts. While the "creditor" has an obligation to provide accurate billing and report accurately to the CRAs, I don't believe this situation would be covered by FCBA. Anyone?
BurbsGuy is right. There are 2 basic catagories of debt contract; 1) Open Ended 2) Installment FCBA applies to open ended contracts. When you know that you owe a fixed amount each month, due on the same day of the month, there really is no room for a "billing error". That doesn't mean you don't have some options tho. I know what I would do but others should weigh in here.
