Discussion in 'Credit Talk' started by mvfl, Feb 27, 2001.

  1. mvfl

    mvfl Guest

    I had an old account with Dillard Dept. Store that was charged off in 1994. They are reporting the c/o date as 1995 and are reporting the account twice to the CRA's. The accounts are identical except they added a few numbers to the beginning of the account # on the duplicate. I disputed the duplicate account and the dates - they verified.

    So I called them a couple months ago and they admitted the second account is a mistake and that I should dispute it again and they will not verify it. So I disputed recently and am waiting for the results.

    They never turned this account over to an outside collection agency and they stopped contacting me a few years ago. Since I first contacted them they have been calling me and sending letters offering to settle for $150 (orginal debt $188). A few weeks ago I sent them a letter disputing the dates and the duplicate account telling them to prove the info or remove it and they never responded.

    I called Dillard today to argue about the dates. The collector was rude and told me they aren't going to correct anything. So I told him I won't pay a cent until they correct the errors on my report. We got into an argument about it and he told me that now he is going to send this to the attorney and they are going to sue me. (Please, on a 7 year old debt for $188??) I told him it's way past the SOL. He said there's no such thing. I informed him that he's violating the FDCPA by stating they are going to sue me if they really don't intend to do it. Then I told him to please sue me so I can laugh in his face when it gets thrown out of court due to the SOL and they will have to pay my attorney fees as well. He told me that they will certainly sue me and that there will be a judgement on my credit report and that I should expect a summons soon. He told me that I don't know what I'm talking about and asked if I was educated!! I told him I most certainly am educated with a college degree and make 5 times his salary. He told me he won't talk to me anymore and wouldn't let me speak to a manager to complain about him and then hung up on me.

    I tried calling back a few times right away to get his name so I can complain about him but he refused to tell me. When I called back the reps who answered would not tell me his name and told me that the account has already been given to an outside collection agency (within the last 2 minutes??) and they can no longer speak to me.

    Outside collection agency?? What happenned to the BIG BAD ATTORNEY he was sending it to to sue me?! What an idiot! So I called Experian to see if I could explain the situation and get them to correct that c/o date. The lady I spoke to was soooo nice and said that it's going to drop off my report in 1/2002 anyway and that Dillard could not change that c/o date again to make it stay longer. I told her how he threatened to sue and she said "What?! he can't sue it's past the SOL." She agreed that it was illegal for him to even threaten that and said if they do sue they'll be owing me when it's all over. I felt like she was on my side.

    Anyway, what should my next step be? It's going to fall off in less than a year. Even if Dillard sends it to a collection agency and they report it too, that will have to fall off in January as well. I figure if I get something from a coll agency I will make them verify the debt to me by sending the opening and c/o dates of the account. If they try to change the dates I'll dispute that and sue them.

    Should I send a cease & desist and prove it or remove it letter to Dillard at this point? File a complaint with the AG and FTC? or just let it go for now and see what they do next? BTW, Dillard National Bank is located in Baton Rouge, LA.
  2. roni

    roni Well-Known Member

    I think that you should call the FTC and file a complaint. If you call the FTC, you can take to a rep and get their advise. Then you can file a formal complaint with that representative. Dont do anything else. I will say that you kinda handled this ALL Wrong. As soon as you talk to someone who is not going to be helpful to you .....HANG UP. Be polite and say "Oh, I am sorry, let me call you guys back....I have another call and then hang up and hope to speak to someone who will help you. Other than that just wait out the 7 years. They can not sue you unless you do something stupid. They will never put what that rep said in writing. Just remember who you are talking to. These reps are very underpaid workers.

  3. mvfl

    mvfl Guest

    I know I handled it badly. I couldn't help it though - he really pi$$ed me off. I plan to file a complaint with the FTC. I like the idea of calling them, never thought of that.
  4. roni

    roni Well-Known Member

    you can get the number from information. I called them last summer about ARrow financial.


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