OC changed account name on credit report. How would it effect the on-going dispute?

Discussion in 'Credit Talk' started by ash77, Feb 16, 2013.

  1. ash77

    ash77 Member

    This site has always been very helpful.

    I have been trying to dispute a cc with the CA. Just found something interesting on my credit report and wanted to get some help on this.

    On my credit report, the OC used to list the account as 'HSBC/BSBUY' and the CA lists it as 'Original Creditor - HSBC RETAIL/ BEST BUY'.

    However, today I saw that the OC has changed the account name to 'CAPITAL ONE/BEST BUY' and CA is still listing it as 'Original Creditor - HSBC RETAIL/ BEST BUY'.

    I am little confused now and not sure whom to deal with and how can I further dispute this item. Would really appreciate any help on this.

    Thanks
     
  2. mindcrime

    mindcrime Well-Known Member

    Re: OC changed account name on credit report. How would it effect the on-going disput

    Capital one bought HSBC credit card accounts, that's why the name changed. Both accounts get disputed though the CB. Sounds like CA hasn't updated record to reflect that C1 now owns the CC accounts ..... You could try to use that to your advantage if you're only disputing the account....disputing that it is not reporting correctly.
     
  3. ash77

    ash77 Member

    Re: OC changed account name on credit report. How would it effect the on-going disput

    Thanks, I went ahead and did that.

    I am planning to resolve this account & here's what has happened so far:

    I sent CA a DVL and they replied back with a copy of my original application(signed by me) when I applied for this card at Best Buy few years ago.

    Since, now the OC has changed, shall I continue with PFD or send them another DVL instead asking them to identify the OC, etc.
     
  4. mindcrime

    mindcrime Well-Known Member

    Re: OC changed account name on credit report. How would it effect the on-going disput

    I would wait for the dispute investigation to complete before I sent a PFD. I don't know how far another DVL will go for you. It sounds like you're within the SOL and the CA seems like they can get their hands on whatever they need.

    PFD option -- are you ready with a decent offer (the newer the account and further away from the SOL it is, the the more you'll have to dig)
     
  5. Logan Abbott

    Logan Abbott Well-Known Member

    Re: OC changed account name on credit report. How would it effect the on-going disput

    Agreed w/ Mindcrime; the DV sounds like it came in pretty swift. If you decide to go the PFD route, here's a sample letter you could use (or start with) when drafting your letter to the CA: Sample PFD Letter
     
  6. ash77

    ash77 Member

    Re: OC changed account name on credit report. How would it effect the on-going disput

    Thanks for the PFD.

    Since, I disputed this account last year and at that time CA verified it with CB, the CB is not letting me dispute online.

    However, when I disputed this account I did send the CA a DVL before doing that. Also, after verifying it with CB, they sent me a letter saying that they have purchased this account and the OC told them the account belonged to 'my name' with the ssn 'my last 4 ssn.' I was not satisfied with that reply and kept sending them another DVL's. Months later they sent me a copy of my original application(signed by me) when I applied for this card at Best Buy.

    Do I have a case against them as they sent me the real validation months after verifying the account with CB?

    Also, if I have a case against them, shall I still go the PFD route or is there any other better option?

    Thanks for the help.
     
  7. mindcrime

    mindcrime Well-Known Member

    Re: OC changed account name on credit report. How would it effect the on-going disput

    When you disputed the account last year, was it when you received the first communication from the CA, or perhaps when you pulled your credit report and first saw the account?

    Do you still have documents that show you disputed account on 1/1/000, DVL received by CA on 1/5/000, and CA verified account to CB on 1/10/000, and LTR from CA dated any date after 1/10/000?

    It's considered continued collection activity .... here's an FTC opinion LTR on it: FDCPA Staff Opinion: LeFevre-Cass

    however...it seems that when you first requested validation is the key here. Meaning, within the first 30 days after the initial communication.

    15 USC 1692g

    (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
     
  8. ash77

    ash77 Member

    Re: OC changed account name on credit report. How would it effect the on-going disput

    Thanks for taking the time and helping me.

    3 years ago, I went out of the country for more than a year. It was during that time the card went delinquent and was assigned to some CA. They might have sent me letters, but I never received them because I was not here and didn't have any US mailing address. After I returned back, I looked up my CR and then sent the CA a letter requesting validation. A month later, I initiated a dispute online with CB.

    CB updated that CA has verified the account and a week later I received a letter from CA that they have purchased this account and the OC told them the account belonged to 'my name' with the ssn 'my last 4 ssn.' The date on the letter from CA was a day after I received an email from CB about the dispute results.

    So, I am not sure if that would be considered as a continued collection activity or not.
     

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