Hello all, I've been having pretty good progress with disputing, goodwill letters and also two nutcase letters. I have an issue with DTV for an account which I have disputed with them since they started calling me. #1 It's not mine. Cut and dry, but how do I prove that? When they (NCO) initially called me around a year ago I told them it wasn't mine, that I would not in any way shape or form be paying it and that they should provide me with proof it was mine. They said dispute it with DTV. I called DTV and tried to clear it up with them, but the affiliate that the account was supposedly set up through had gone bankrupt a year or two prior to that. (This is from 2001 when I didn't even live in the same state..) They say that they don't have any records (wish I recorded that call) due to the bankruptcy and I should just pay it and they would go away. $185... eh, not a big amount, but the principal behind it all... I've been late, had a few charge off's but I've paid them all so... I sent them a simple letter asking for verification (the word I used was proof back then) that I had signed up the the account, that it was ever used or even paid on, and requested copies (notarized) of the original documents establishing the account. Well, the phone calls went on for another week or two then stooped. No response from DTV or NCO to date. (NCO did respond to another paid account that I sent them a nutcase letter on the very same day the received the letter though the TL is still listed two weeks after they "requested it be removed" (also Equifax). I have disputed a number of times with the CRA but it always comes back verified. About a month ago I sent a demand of verification crossed with the nutcase letter to NCO, certified which they did receive. No response to date, and still the CRA reports the TL, but now their comment states: "[Equifax] Consumer disputes this account information Customer has now located consumer Subject has not satisfied debt." What should my next step or steps be? I am not apposed to going to court over this even though it's only $185, remember I didn't even live in the state during the time frame they insinuated service was established. I was thinking about filling out the paperwork necessary to file in small claims or something along those lines and then send them copies of that with another demand for verification. I spelled this out to the CRAs and TU and Experian promptly removed the CA listing, but Equifax continues to list it. I've gone from 485 (very stupid years ago..) to 620 now; and this is one of the few hangers on that I have to deal with. Your suggestions are appreciated.
NCO was fined $1.5M by the FTC for reaging accounts reported to CRAs, in violation of the FCRA: http://www.ftc.gov/opa/2004/05/ncogroup.htm As part of their settlement, they were required to do the following: "The proposed consent decree orders the defendants to pay civil penalties of $1.5 million and permanently bars them from reporting later-than-actual delinquency dates to credit bureaus in the future. Additionally, NCO is required to implement a program to monitor all complaints received to ensure that reporting errors are corrected quickly. The consent agreement also contains standard recordkeeping and other requirements to assist the FTC in monitoring the defendants� compliance." If they sent you a letter stating they would remove, yet the CRAs still verify, then send a complaint to FTC and your state AG. Include a copy of their letter, and include that the CRAs have refused to remove. In your CRA disputes, did you include a copy of NCO's letter? How did they respond?
The dispute letter to the CRA went out today with a copy of NCOs letter. We'll see what happens. According to TC it's only showing on one (Equifax), but I sent it out to all three for S&G. On the other for NCO I have yet to receive a reply (it's going on three weeks). As they already told me once by phone that they didn't have any records to prove the debt is mine I would be surprised to receive something from them on it. I am drafting a second letter to them, will send it CRRR like the others once the first 30 days is up. If in another 30 days I do not hear back from them I go to the AG and file a complaint / suit against them. Any suggestions on how that letter should read? I'll also have to start formally keeping track of time lines with them. I have every thing on paper, but should it come down to it I'll need to be organized. Apart from copies of letters and receipts for sending and receiving, what else do I need. They have yet to send me anything in writing on this. Only the phone calls a year ago. Thanks. James.
