OC Investigation

Hello lisae1. If you're worried about your transcripts as opposed to disputing, don't be. They can't withhold your transcripts from you. I can only tell you what I've read here, and know I'll be corrected if wrong. What I would do, is dispute the date to the CRA's, then once changed, if they even bother to post it, dispute as obsolete. .(Do you have a copy of the original agreement with the date on it?) Maybe you could just dispute as obsolete the first round... any suggestions out there?

 

• 
  1. I'll repeat the question Nervous asked - do you have a copy of the original agreement with the date on it?
  
  2. Here is some help with the law:
  
  • 605(a)(4)
    FCRA_605(c)(1)
    623(a)(5)
    FTC: Harvey
    FTC: Johnson
  
  3. Here is an idea of a letter (it's one of the CN's letters):
  
  • 
    [color=0066FF]«Your Name»
    «Address1»
    «Address2»
    «City», «State» «Zip»
    
    «Company»
    «Address1»
    «Address2»
    «City», «State» «Zip»
    
    «Date»
    
    Re: Account Number [insert account number]
    
    To Whom It May Concern:
    
    This letter is an offer to amicably settle the above account. It is not to be construed as an acknowledgment of my liability for this debt in any form.
    
    I will pay your company the amount of $[insert amount] as full settlement of this account.
    
    If you accept this agreement, I will send you a money order or certified cashiers check for the settlement amount of $[insert amount] in exchange for a full deletion of all references regarding this account from my credit profile and full satisfaction of the debt. This agreement is binding and will be void should you not hold up to your end of the agreement. Furthermore the debt will be deleted from my credit profile at all three credit bureaus or the bureaus your company regularly reports to in the course of doing business.
    
    If you agree to the above, please acknowledge with your signature and return a copy to me. Upon receipt of this signed acknowledgment, I will promptly send you a money order or cashiers check in the amount stated above.
    
    Notice: This agreement is restricted. This is not a renewed promise to pay but rather a restricted settlement offer only.
    
    
    Date:____________
    
    Creditorâ??s Authorized Signature: ______________________
    
    Name Title: ______________________
    
    
    
    Notes to the writer: Do not sign or date letter (this is necessary to avoid renewing the debt, should the creditor refuse to agree.) Be sure to not use a personal check if they agree to pay.
    [/color]
  
  
  HTH

 

I recently sent off for my transcripts from 1996, and found out I owed a small balance. The school informed me she couldn't send transcripts until I paid off the amount. I believe this is SOP. legal? I have no idea! I paid it and got my transcripts!

 

Re: Re: OC Investigation

Hi Lisae! Let everyone else jump in... but I don't think they can do that! I think that constitutes trying to collect on a debt, which they are not allowed to do while you are disputing it, until they have provided you with validation. I know this is the case for CA's, but I think this also applies to OC's. Anyone???

 

Re: Re: Re: OC Investigation

They can do that. It does not generally apply to OC's.

 

Re: Re: Re: OC Investigation

So anyone that has ever been an OC of mine, like say, a doctor's office, can pull my CR beyond 7 years---indefinitely? If this is in fact true, I am quite surprised!

This is not a credit card company or anything for which I signed an agreement giving permission for them to pull my credit report, my student loan didn't cover the full amount of tuition, that's what this debt is for.

 

Re: Re: Re: OC Investigation

• 
  For as long as you have an open account with the OC, or owe them money, they have a PP to view your report - FCRA §604(a)(3)(A), for a "[color=0066FF]review or collection of an account[/color]".
  
  And, as jlynn explained it to me eariler in another post - OC collecting their own money (no matter if it's a credit card, or a medical bill, or any line of credit) is not considered a "debt collector" by the FDCPA definitions, so FDCPA does not apply, therefore the rule "no collection activity after a request for validation" does not apply either.

 

Re: Re: Re: Re: OC Investigation

• I'm no expert on SOL, but as I know, the SOL limits taking a legal action after a number of years, which varies by the state.
  
  So you can use the SOL as an affirmative defense in court, if the OC files a lawsuit against you. If the court decides the SOL is valid, you will have no debt, therefore you will owe them nothing, therefore they will have no PP to view your report. Otherwise the SOL doesn't apply to just viewing your report.

 

Re: Re: OC Investigation

1*So anyone that has ever been an OC of mine, like say, a doctor's office, can pull my CR beyond 7 years---indefinitely? 2*If this is in fact true, I am quite surprised!

This is not a credit card company or anything for which I signed an agreement giving permission for them to pull my credit report, my student loan didn't cover the full amount of tuition, that's what this debt is for.
oopsy74
===============
1*If you owe them money yes.
2*Also there is no sol on student loans



Obituary December 8, 2003

(The Death of Common Sense)

Today we mourn the passing of a beloved old friend by the name of Common Sense who has been with us for many years. No one knows for sure how old he was since his birth records were long ago lost in bureaucratic red tape.

He will be remembered as having cultivated such valued lessons as knowing when to come in out of the rain, why the early bird gets the worm and that life isn't always fair.

Common Sense lived by simple, sound financial policies (don't spend more than you earn) and reliable parenting strategies (adults, not kids, are in charge).

His health began to rapidly deteriorate when well intentioned but overbearing regulations were set in place. Reports of a six-year-old boy charged with sexual harassment for kissing a classmate, teens suspended from school for using mouthwash after lunch, and a teacher fired for reprimanding an unruly student only worsened his condition. It declined even further when schools were required to get parental consent to administer aspirin to a student but could not inform the parents when a student became pregnant and wanted to have an abortion.

Finally, Common sense lost the will to live as the Ten Commandments became contraband, churches became businesses and criminals received better treatment than their victims.

Common Sense finally gave up the ghost after a woman failed to realize that a steaming cup of coffee was hot, spilled it in her lap, and was awarded a huge cash settlement.

Common Sense was preceded in death by his parents, Truth and Trust, his wife, Discretion; his daughter, Responsibility; and his son, Reason. He is survived by two stepbrothers; My Rights and Ima Whiner.

Not many attended his funeral because so few realized he was gone. If you still know him pass this on, if not you can give him a second death.

~~~~~~~~~~~~~~~~~~~~
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
DOCK ; The donkey had an IQ of 186. He had no friends at all though.
Even in the animal kingdom, nobody likes a smart-ass.
Government Waste is a Terrible Thing to Mind
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

http://members.aol.com/victcrdrpt/Score.html

 

Re: Re: OC Investigation

1*So anyone that has ever been an OC of mine, like say, a doctor's office, can pull my CR beyond 7 years---indefinitely? 2*If this is in fact true, I am quite surprised!

This is not a credit card company or anything for which I signed an agreement giving permission for them to pull my credit report, my student loan didn't cover the full amount of tuition, that's what this debt is for.
oopsy74
===============
1*If you owe them money yes.
2*Also there is no sol on student loans



Obituary December 8, 2003

(The Death of Common Sense)

Today we mourn the passing of a beloved old friend by the name of Common Sense who has been with us for many years. No one knows for sure how old he was since his birth records were long ago lost in bureaucratic red tape.

He will be remembered as having cultivated such valued lessons as knowing when to come in out of the rain, why the early bird gets the worm and that life isn't always fair.

Common Sense lived by simple, sound financial policies (don't spend more than you earn) and reliable parenting strategies (adults, not kids, are in charge).

His health began to rapidly deteriorate when well intentioned but overbearing regulations were set in place. Reports of a six-year-old boy charged with sexual harassment for kissing a classmate, teens suspended from school for using mouthwash after lunch, and a teacher fired for reprimanding an unruly student only worsened his condition. It declined even further when schools were required to get parental consent to administer aspirin to a student but could not inform the parents when a student became pregnant and wanted to have an abortion.

Finally, Common sense lost the will to live as the Ten Commandments became contraband, churches became businesses and criminals received better treatment than their victims.

Common Sense finally gave up the ghost after a woman failed to realize that a steaming cup of coffee was hot, spilled it in her lap, and was awarded a huge cash settlement.

Common Sense was preceded in death by his parents, Truth and Trust, his wife, Discretion; his daughter, Responsibility; and his son, Reason. He is survived by two stepbrothers; My Rights and Ima Whiner.

Not many attended his funeral because so few realized he was gone. If you still know him pass this on, if not you can give him a second death.

~~~~~~~~~~~~~~~~~~~~
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
DOCK ; The donkey had an IQ of 186. He had no friends at all though.
Even in the animal kingdom, nobody likes a smart-ass.
Government Waste is a Terrible Thing to Mind
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

http://members.aol.com/victcrdrpt/Score.html

 

Re: Re: Re: Re: OC Investigation

1*So anyone that has ever been an OC of mine, like say, a doctor's office, can pull my CR beyond 7 years---indefinitely? 2*If this is in fact true, I am quite surprised!

This is not a credit card company or anything for which I signed an agreement giving permission for them to pull my credit report, my student loan didn't cover the full amount of tuition, that's what this debt is for.
oopsy74
===============
1*If you owe them money yes.
2*Also there is no sol on student loans



Obituary December 8, 2003

(The Death of Common Sense)

Today we mourn the passing of a beloved old friend by the name of Common Sense who has been with us for many years. No one knows for sure how old he was since his birth records were long ago lost in bureaucratic red tape.

He will be remembered as having cultivated such valued lessons as knowing when to come in out of the rain, why the early bird gets the worm and that life isn't always fair.

Common Sense lived by simple, sound financial policies (don't spend more than you earn) and reliable parenting strategies (adults, not kids, are in charge).

His health began to rapidly deteriorate when well intentioned but overbearing regulations were set in place. Reports of a six-year-old boy charged with sexual harassment for kissing a classmate, teens suspended from school for using mouthwash after lunch, and a teacher fired for reprimanding an unruly student only worsened his condition. It declined even further when schools were required to get parental consent to administer aspirin to a student but could not inform the parents when a student became pregnant and wanted to have an abortion.

Finally, Common sense lost the will to live as the Ten Commandments became contraband, churches became businesses and criminals received better treatment than their victims.

Common Sense finally gave up the ghost after a woman failed to realize that a steaming cup of coffee was hot, spilled it in her lap, and was awarded a huge cash settlement.

Common Sense was preceded in death by his parents, Truth and Trust, his wife, Discretion; his daughter, Responsibility; and his son, Reason. He is survived by two stepbrothers; My Rights and Ima Whiner.

Not many attended his funeral because so few realized he was gone. If you still know him pass this on, if not you can give him a second death.

~~~~~~~~~~~~~~~~~~~~
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
DOCK ; The donkey had an IQ of 186. He had no friends at all though.
Even in the animal kingdom, nobody likes a smart-ass.
Government Waste is a Terrible Thing to Mind
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

http://members.aol.com/victcrdrpt/Score.html

 

Re: Re: Re: Re: OC Investigation

But, what if you dont believe you have an open account with the OC? Also, according to the TL, the balance is $0 because it was charged off and 'transfered' to another lender. So this means: 1) I don't have an open account w the OC, and 2) I don't owe them money. So now, how can they have PP? Just because THEY believe I owe them, doesnt mean I do. do they still have PP?

 

Re: Re: Re: Re: Re: OC Investigation

• 1. If you believe ... oops, if you are sure you don't have an account with them, you dispute the TL with the CRA, this way forcing the OC to verify the account is yours. If the OC verifies, dispute with the OC, eventually send them the ITS letter.
  
  2. "Charged off" does not necessarily mean the balance is zero.
  
  3. "Transferring" the account does not necessarily mean it has been sold and the current OC is no longer the owner of the account.
  
  If you have closed your account with zero balance, or, if you owe money, but the account is sold to another company, then there is no PP, because the original owner has no account to review, or a debt to collect.