I'm really interested in learning more about what remedies are available in dealing with an original creditor. There hasn't been much discussion about that here that I can find. Since they aren't obligated under the FDCPA...do they have any obligations at all to the consumer to prove a debt or to at least provide statements of account? It doesn't make sense to me that that would be the case. If so...what would prevent them from abusing the system (not that the ones who do fall under the FDCPA don't abuse the system...but anyway...)? Does anyone have any information about this or experience in dealing with original creditors? Thanks! L
Well, original creditors are much more willing to "play ball". This means settlement for deletion. CAs working on assignment get paid on the percetage they collect. If you have an account that has been returned to an original creditor after an extended period like 5 years, the account has been charged off and anything they get is pure profit. As far as the validation I am also confused. Some threads that I have read hint that an internal collection department at the original creditor is fair game under the FDCPA.
Thanks for responding. From everything I have heard, though, Cross Country Bank won't lift a finger to do anything for anyone under any circumstances. I'm trying to formulate an alternative to suing the CRAs for various violations to get it removed. The only CRA I have a LOT on is EX. There has to be some way to deal with this account without litigation, but I can't find anything anywhere that gives me a place to start. (Although there are a zillion CCB Sucks websites out there!) L
There are laws covering this. 1*Fair Billing Act If these other laws were emphasized on here like the other ones are there would be fewer complaints in the areas discussed on the board.
No, there hasn't been - but there should be as preventing erroneous information from being reported is an important part of having a clean report. Why not keep it off rather than fight to get it corected after it has been added ??
Original Creditors are still bound under FCRA for furnishing correct info to credit bureaus. Also, as lbrown stated the FCBA. If you could not dispute it off, you can try sending them a modified (directed toward orig cred)validation letter and estoppel. Should they fail to respond, you could re-dispute with CRA with a statement that they failed to respond to your requests for verification. Ask for procedural descriptions if it is "verified." This usually works well. Despite what they believe, CRA's are responsible for what they put in your reports. And if it is inaccurate, they are liable, in civil and criminal means if they continue to parade around with what Tweedle-dee and tweedle-dum says. Read Cushman v. TUC.
Problem with FCBA- you only have 60 days following the erroneous billing to dispute the account. But, i've used it... especially for processing errors at the bank (checking account overdraft/deposit disputes).
Yes: And they drag it out to over 60 days with out correcting the error and report the lie to the CRAs and you are hung.
