Several months ago I disputed a $6000 chargeoff that had gone to collections. I mailed the val letter, then the estoppel letter to the collection agency and also disputed the acct with all three CRAs. Experian verified it and Equifax deleted it. Today I got a letter from the original creditor that says they "can't determine my responsibility for the account" and that they have reported it as 'disputed' to the CRAs. Don't they just have to delete it if they can't find info that it's mine?
Well the CA does, due to your validation letters. The OC does due to their admission. But in order to have it deleted you MAY have to file suit. What was the result of the validation? Is the OC/CA/BOTH reporting the listing? The only thing that OC letter you have is good for is "AMMO" in a suit, if they (or the CA) still are refusing to delete the reported listing (as it appears they are). This letter along with your validation and Estoppel trail will be great evidence for a suit in small claims court. If it is being reported by the OC and they refuse to delete the listing then sue them as well. Definitely see the posts by Marie and Lizardking about "have I forgotten anything" and "sample lawsuit template", in the Board FAQ. Here is a link: a1248.svwh.net/BoardFAQ.htm#FileSuit Good Luck -Peace, Dave
Deal only with the OC then...leave the CA completely out of it. Send a letter to the OC (with a copy of their letter to you) threatening to sue. Mark it "ATTN:LEGAL DEPARTMENT" and make it look like an actual lawsuit filing (everything except the case number). Write that, "By their own admission, the account information listed on your credit report is NOT verifiable and you have no record of this debt being yours. This lawsuit for blatant violations of the FCRA will be filed unless the reported listing is removed from your report in 15 days." Make it for the legal limit for small claims court in your state and use each dispute that has been verified as a violation as well as the OC validation letter that provided you with this great admission. With the letter you have, you should have no trouble winning the suit...so hopefully the threat should work. If not, file the suit and you will be paid for all this aggrevation. -Peace, Dave
I thought of sending an outline of all my grievances (including those with the CA since it was the OC who sent them after me in the first place) to the OC's legal dept. But is this showing my cards too much?
Is this showing my cards too much? moneyhoney Why show the oc you have their cards when it will prove to them it's your account?
