I am dealing with an original creditor. That I do not want to pay. I have posted on them before -Burdines. I sent an offer to delete for payment, no response. (we are investigating crap letter) I sent a validation letter - they sent me copies of old statements. I sent the estoppel (to the legal dept in Ohio), no response. (we are investigating crap letter) They also sent me a letter of another person (who I don't know) that are deleting the entire account. I then sent an intent to sue letter (to the legal dept in Ohio) with a deadline of March 19, 2002. I do not get a response. I did not file suit either (stupid me). There is only 1 report where is it notated as "in dispute". I just got the results back from Equifax and they verified again. I sent them the procedures request letter. I signed up for CreditExpert. They emailed me that change has taken effect. I signed in and checked. These MFs pulled an inquiry as "collection purpose". I am dealing with Credit Data Services out of Orlando. They did not investigate when I sent in the last round of disputes. Should I file now and see where the chips lie? Do you think are trying to go after me to get a judgment? It's only for $550! If I do file, I know I can have the Sherriffs serve them here in FL. Do I have to have the registered agent? Or would the Clerk of Court give me that info.? I am just so pissed right now. I am trying to be rational at the same time. So it must be a collection account now and subject to the FDCPA not that they have notated my CR as a collection inquiry. Please help me. You can email me if you like. Lizardking I know you sued Credit Data, how did they act? Were they cooperative? Are you able to send a settlement offer when they are served? Will the Sheriffs dept. do it?
I will assume you are dealing with FDS/FACs Group. FACs is an internal legal dept of FDS, so they are not subject to the FDCPA. Many of us have had problems with them. Personally, I have been disputing them for quite some time over how they are reporting my account to the CRAs (they ARE subject to the FCRA) - and yes, I also got the nasty hard inquiry. They threatened to send my account to a CA a month ago (can't believe they'd even bother cause its so darn old), but they haven't done it. unfortunately, this company is impossible to deal with- they either do not understand the law or ignore it altogether. They would not take a settlement offer from me either, and I wasn't even asking for deletion (only asked for them to correct what they had reported incorrectly). I feel your pain.
If an original creditor is trying to collect their own debt, but using a different name to collect by, then they are subject to FDCPA rules. There is a staff opinion letter on this. I'll try to find it and post it. How long ago did you get the deletion letter for the other person? Do they know that you got this? If not, you might call them up and tell them you received a letter saying they were going to delete this and you want to know when they are going to do it. It probably won't work but who knows. You might try sending copies of all the letters you sent them and the green cards to the cra with a letter asking them to delete it since they can't prove it is yours.
I think on the letters they send it says FACs group, a division of FDSB- or something like that (to lazy to go check the actual letter at this point). So I think it would be hard to claim they are going by a different name thus subject to the FDCPA.
Thanks for the responses. LKH, I am going to send a procedure letter to the CRA - Credit Data Services. I am going to fax it because the same guy signs all of the green cards. I don't think they even investigated because the accounts show that they were last updated 1/2002 not 3/2002. I can't do online disputes but when they are investigating they post what they are investigating and Burdines and Asset weren't on there. They also wrote: for burdines, "while you make payments on an account that has been charged off, the status will remain "charge off". Once you pay the account in full, it will show "paid charge off." A paid charge off account will remain on your personal credit report for 7 years from the intial missed payment that led to the charge off." - I haven't made 1 payment since it charged off on this account nor do I intend to. For asset it says it was not found. _ WTF? I know it's on my report but it's just unrated. These people are really full of it. The letter is dated 3/1/02 and it's for another person regarding their Macys account. I had posted on this before. I was thinking about maybe blackmailing them into deleting mine but most people who responded didn't think that would work. If I sue, I will use it as evidence as to how incompetent the employees really are that they would someone else's info. to me.
It does say FACs group. On the cr it says Burdines/FDSB. In the letter it says FACS group, Inc. - a subsidiary of Federated department stores, Inc. I don't know if the FTC opinion would apply to this situation. Kit, I feel your pain. These people are really a p.i.t.a. How long have you been disputing? I've been disputing since 11/01. It hasn't come off any cra and they verify each and every time. For a company so large, they should have the apps. on file, not just the statements. I find this very hard to believe.
