Hi group. As I have posted before, I am also one of the FUSA victims when it comes to their policy of reporting accounts that were discharged in a bankruptcy as a charge off. This brings your score down, and potential lenders view it as money still owed. I want to send an intent to sue letter to seek removal of all FUSA accounts on my report. I believe that I have read here before that if a creditor like FUSA sells the account to another company, they can no longer report a balance. Is this true? If it is, can someone please point me to the FCRA statute section so that I can quote that in my letter? FUSA told me on the phone that the accounts were sold to Weinstein Bankruptcy and on my Experian report it indicates that the accounts were sold to B-Line. Either way, if they can't report balances after selling an account, I have them on 6 flagrant violations of verifying the balance during disputes. For the ones more experienced, would you mind offering a bit of advice on what I should seek from FUSA? Maybe how I should word it. I have seent he templates for an ITS letter, so those will be my guide. Like most, I would rather not go to court. I would simply be happy with a settlement of complete removal of all FUSA accounts from my report. Thanks.
Apparently Weinstein Bankruptcy buys these kinds of accounts. When I called Weinstein, the CSR I spoke to said that in some cases they can collect some money. I guess CH. 13. Either way, if it was sold, they can't report a balance anymore, correct? Technically, it was IIB, so they shouldn't be doing it anyway, but FUSA thinks they are above the FCRA. I just want a statute that backs me up when I write them my intent to sue letter. I want them to KNOW that I have grounds for my threats. Thanks for any help.
is this because you disputed w CRAs 6 times? Have you sent a dispute directly to FUSA yet? Is FUSA an OC? If so, they are only liable under the FCRA as a 'furnisher'. Read the FCRA here: http://www.moo3mods.com/FCRA2003.htm#623 and see if you can come up with anything.
Thank you, thank you, thank you. That link is exactly what I needed. I have disputed directly with FUSA and received their form letter that tells you that "when we received your notice of BK filing we charged off the account and took that balance as a loss....blah,blah" They think they can still report the balance after it has been discharged in bankruptcy. When I send the letter, I can now quote specific sections. Again, I don't necessarily want their money, I just want deletions of the tradelines.
