I have a little question about an OC on my report. American General Finance. Basically, a charged off account which was transferred to Capitol One. I disputed Cap1 with the CRA's...deleted. Now I have the OC listing on my reports stated as transferred. Butch had a quote from Voodoo's post Paid Charge Off thread, I'm wondering if it may apply here, even if it is with the OC. Butch's post: Second, your strategy for dealing with a DF in the case of a paid CO is to use the FCRA. Tell them they are reporting incorrect info. and if they don't fix it you'll sue them. AND TELL THEM NOTHING MORE. To figure out what they're reporting they'll pull your CR. Pulling a CR without a PP is a violation, which in turn, is used to force your deletion. Does this last paragraph hold true to OC's of transferred accounts? Or am I heading up the wrong side of the street. Could someone help?
Hi Wrangler, As I'm sure you know when you disputed with Cap1 they would have checked with AGF to see if documentation existed, if indeed they weren't forwarded in the first place, (a rare occurance). Since Cap1 DID delete this might be an indication that the OC can no longer validate. Therefore, Bigmon's advice is sound. Try disputing as not mine but go through the CRA's first. If they mean by "transferred" that they sold the debt to Cap1 then I would still try disputing, and failing that we would need the "incorrect information" argument and go after the OC for FCRA violations. These two arguments ("not mine" and "incorrect info.") are NOT a-sometrical if you're careful. If an account which is NOT yours is being reported, isn't it obvious that the information is INCORRECT in violation of FCRA? It's just that FDCPA applies to CA's but not to OC's. Thus we attack OC's using the FCRA. See? Just don't say anything that admits the item is yours. The best way to do this is to find something wrong with the TL and then use the following language: "I've never had an account with American General with a $xxx.xx balance". And that's it. Don't quote any law. Just play dumb. When I first began my dispute letters began: "A friend of mine told me that if I write to you, you could help me with a listing I'm not familiar with". lol Feel free to email me if you need to. My puter isn't working right and I don't always see threads where folks are asking me for help. BTW - If the OC really no longer owns the debt then they really have no reason at all to argue with you. This is the best situation.
So, at the risk of sounding like a broken record you have gained absolutely nothing at all by fiddling with the credit bureaus. What seems to me to be even worse is that you are seemingly (whether true or not) ignoring the real problem that you face. Neither the OC nor the credit bureau will sue you but Cap 1 just might do that little thing. In my opinion that is obviously where your attention needs to be firmly focused. Of course.
