Hi everyone, I can't thank all of you enough for the quality advice dispensed here I have an account apperaing on my credit reports from a collection agency (First American) with a notation on the report stating original creditor being Cingular Wireless for amount owed: $190.00 I went through the validation process (Validation request, 2nd validation, estoppel, threat to sue). Never heard back from them in over 90 days. I finally got a packet with the usual insufficient validation material. I sent the wollman lettter and other case law. I just got a letter from them saying they are sending the debt back to the orgional creditor. What do I do now? I want this to dissappear from my report. Do I pay the OC now? I want the collection account off my report. Now that they sent it back to the OC, will it come off my report?
NO the entry is appearing from the collection agency....but there is a notation at the bottom that says Cingular wireless is the original creditor
If they can't validate and are sending it back to the OC then by default they're now violating the FDCPA and FCRA by continuing to report the debt. Continuing to report the debt as a collection account when they obviously can't validate is considered "continued collection activity" under the FDCPA. Also, reporting a derog without being able to substantiate it is a FCRA violation as well. You need to send a letter to both the collection agency and the original creditor demanding immediate removal of 1. the tradeline 2. Any and all inquiries relating to this item as collection inquiries in and of themselves are a form of collection activity (they reduce your score dramatically) as the software picks up on them and scores you as with a collection account. 3. Tell the OC you're going to hold them liable for the actions of their collection agency and the violations of the fdcpa and fcra. Pull copies of all your reports right now. Do they have "consumer disputes" under the trade line? if not, the collection agency was also required to add that while you are disputing the account. Add another fcra violation to the count. Send a litigious nutcase letter with all this outlined (get your reports online if you must so you can also prove the continued reporting and the lack of consumer disputes notation on the account)... and get ready to sue them. Remember: even if the account was yours they can't violate your rights in collecting it. Wireless and utilities collections are fun because little is in writing... and if you push this they'll likely either eat the account and remove it in full (get it in writing) or you can let them offer to settle the account with full deletion (OC only).... but you have them now. Do NOT admit in writing or on the phone that the account is yours. Just keep hammering on the fdcpa and fcra violations and how they're now willingly being noncompliant... Be a bit crazy, push it, and watch how they'll fold
Marie: As always thank you for the answer....Your expertise is appreciated !!!! Anyone else have any thoughs or further opinion to add?
You just got the best advice you could possibly get. Any other input will just mix things up. Follow Maries advice.
Now that there is'nt a stop button at the end of this thread (LOL), I would like to take this opportunity to say: Marie - you are awesome!
