Is this a violation

Discussion in 'Credit Talk' started by osiris, Apr 28, 2004.

  1. osiris

    osiris Member

    Re: Re: Is this a violation

    does the 30 days start once you ask for verification or once you officially dispute it?
     
  2. osiris

    osiris Member

    Re: Re: Is this a violation

    does the 30 days start once you ask for verification or once you officially dispute it?
     
  3. RichC

    RichC Well-Known Member

    Re: Re: Re: Is this a violation

    Okay, if I understand this correctly, you had 2 credit card accounts that went delinquent a couple of years ago, so probably they are still within SOL. (Not sure on the delinquency period, seems to be conflicting info)

    The only thing you think you may have is that the amounts of the cards appears to be in error on your credit reports. Have you gone through your cc agreements with a fine tooth comb? How do you know the amounts are invalid?

    If that's it, contacting the CRA won't do any good. They are just reporting what they get. If the originator of the information refuses (fails?) to respond to your requests for verification of the amounts, AND (and it's a big AND) you are sure the amounts are faulty, about the only thing you can probably do is sue them over the matter.

    I'm still not clear if it's a CA or just an OC you are dealing with. If it is an OC, you might try contacting them and try to ascertain how they came up with the amount (by phone).

    But you better have your ducks in a row on this one. You don't have much wiggle room, and as hiding stated, the FDCPA doesn't apply to the OCs.
     
  4. RichC

    RichC Well-Known Member

    Re: Re: Re: Is this a violation

    There is no requirement that anybody respond to you in 30 days for this type of matter, that is, obtaining a verification of an amount.
     
  5. jam237

    jam237 Well-Known Member

    Re: Re: Re: Is this a violation

    There is a very good reason why BUTCH advises to not do anything until you have read everything frontwards and backwards, repeatedly, until you know almost everything that there is to absorb about the dispute process.

    What you have done is called "waking the sleeping giant" -- got a dormant giant collection awake by tossing pebbles at it.

    Chances are in most states, less than 2 years is well within the statutes of limitations for them, or any one else who buys your account from them in the future to sue you and win.

    And even if they are not required to respond to you, they may just pull all your statements, original application, etc. out of their files, and make a photocopy of them just in case if and when they do sell the account to a collection agency in the future, they will have them handy, their company's typical 5-year document retension policy notwithstanding.

    The last thing you want to do is wake up ANY accounts, giants or not.

    That is why you must read all there is to read, even the arguements, because even in the arguements points come up which will help you to better understand both sides of the issues, and come to a better understanding of whichever side of the issue you believe (and since you understand the other side, if you would need to defend your belief in court, you'll have an idea of what their defenses are before you get to court to have the upper hand.)

    The best thing is to read first.

    Permantely(*) OPT-OUT by writing to

    Experian
    PO BOX 919
    Allen, TX 75013

    Equifax
    PO BOX 740123
    Atlanta, GA 30374

    Trans Union
    PO BOX 97328
    Jackson, MS 39288

    Innovis
    PO BOX 219297
    Houson, TX 77218

    * Perminate in this situation isn't completely permanate, more than likely they will initially opt-out for a short period of time, and provide you with their form to opt-out for a longer time frame. The key is to demand that they opt-out for an indefinate period of time, so that they will send you the form. (Most unsolicited offers only list the big 3, optting out on just the big 3, will let any other CRA's provide your information, and leave a back door open for a company to request your information through the other CRA. Most CRA's can flag an account with a data furnishers request to be notified if there is any activity on the consumers credit file - inquiries, new accounts, new addresses - for the purpose of tracking down consumers who owe them.)

    Be cautious when touching ANY account which is still within your states statutes of limitations, if the account is still within the SOL, you can be sued for it, and lose. The bigger the account, the more likely that that is going to happen.
     
  6. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Is this a violation

    How unfortunate for people to have to get caught in the middle of hiding and whoever his victim may be.
    trish6103
    ==================
    His tone was one of hopelessness and misdirection for newbies.





















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