I would like to file a complaint against EXPERIAN to the FTC and AG. I have requested that they provide the procedures used to verify an account twice. The first time they sent a letter advising that I should contact the creditor. This second reply to my request today, says that the FTC does not require them to provide documentation in reference to the debt and the ftc does not require that they act as mediators. I KNOW they are trying to blow me off!! My letter requesting the procedures used to verify was VERY clear!! Can someone, PLEASE, PLEASE provide a sample letter that they may have used to complain to the appropriate agencies in regards to a similiar situation? TIA SUZYQ
Here is the letter I used. I used the same letter for the FTC and the Attorney General. I reside in PA and my complaint by the State Attorney General was resolved to my satisfaction, meaning they removed the tradelines and each sent letters stating such. I think it depends on how pro-active your AG would be in investigating. I can tell you right now, don't expect much from the FTC. They will take your complaint and document it thats it. Your best bet is the AG of your state. Hope this helps. I used it to file a complaint with the FTC and the AG. I just changed the addresses ect. July 25, 2001 Office of Attorney General Strawberry Square Harrisburg, PA 17120 RE: Gulf State Credit/OSI Portfolio Services 100, 2425 Commerce Avenue, Building 2100 Duluth, GA 30096-4980 Account # Berks Credit & Collections 538 Penn Avenue Sinking Spring, PA 19608 Account # Consumer Response Center: I am going to attempt to make this as brief as possible. In November of 1999, I received a telephone call from Park Danson Collections. They informed me I owed for a past due Sprint bill from December of 1996. I advised the representative, Shirley, I never had Sprint as a Long Distance provider. I work for AT&T and as a company benefit, I receive my Long distance free. I faxed her the information she requested which was a copy of my telephone bill, and an affidavit that I never had Sprint as my long distance provider. She took the information I gave her and advised me she would dispute the account with Sprint. A week later she called me, apologized and informed me the outcome of the investigation was I in fact was not a Sprint customer in the past or present. In addition, she removed the notation from my credit report. In November, I received a letter from Gulf State Credit/OSI Portfolio. The letter was sent to my previous address, which is my parentâ??s home. I notified Gulf State Credit/OSI Portfolio I do not (past or present) have an account with Sprint. I sent them correspondence asking them to validate the debt. After asking for validation, they placed the information on my credit report. The letter was received by Gulf State Credit on January 3, 2001. Gulf State never responded to my letter asking for validation of the debt (Please see copy of letter and certified receipt). Here is where it gets confusing. Gulf State/OSI Portfolio purchased this alleged debt in November, and sold the account to Berks Credit & Collection in the same month (November 2000). I received a letter from them asking for payment. I sent them a validation letter, again, asking for validation of the debt. I have not received anything regarding this matter, from Berks Credit & Collections or Gulf State Credit/OSI Portfolio validating this debt. I have called several times requesting validation of this alleged debt. I have sent several certified letters asking for validation of this debt (see attachments). My biggest problem is Gulf State/OSI Portfolio Services refuses to acknowledge my many letters of dispute AND they have the notation listed on my credit report, even after I disputed the debt. I disputed the information with Experian, and Gulf State Credit/OSI Portfolio verified the debt as accurate. Berks Credit & Collections has a notation on my credit report for the same alleged debt. The debt was placed on my credit report, AFTER the Statue of Limitations past (4 Years in PA). According to the amended FCRA, it clearly states those two tradelines for the same debt is illegal. So because of Gulf State Credit/OSI Portfolio Services and Berks Credit & Collection Inc. I have two tradelines listed on my credit reports that lowers my credit score drastically. Both collection agencies reaged the account and it has the appearance of two recent collection accounts. One would think that a letter should rectify my problem. I have sent Gulf State 2 certified letters, and Berks Credit & Collection one certified letter to no avail. I would like both companies to abide by the law. The law is very clear. If a customer disputes the validity of a debt, the collection agencies are mandated by law to supply the information within 30 days. I have notified Sprint of the error, again no response. It is my hope that the FTC will launch an investigation into this matter. I am confident that I am not the only consumer with the problems outlined above with Gulf State Credit/OSI Portfolio Services. I have visited numerous websites, citing problems and issues with Gulf State Credit/OSI Portfolio Services and their blatant and arrogant approach ignoring the law. I feel it necessary to point out to that Gulf State Credit/OSI Portfolio Services has been cited and fined by the Federal Trade Commission just a few months ago for violations of the FCRA and FDCPA. It would appear the fines levied against this company did not force them into compliance with the law nor has it changed their unlawful business practices. In summary, I would like Gulf State Credit and Berks Credit and Collection to remove their tradelines from my credit reports. They have not followed the law, and the law is very clear on validation of debts. If they cannot prove it, they must remove it. Gulf State Collections/OSI Portfolio Services blatantly ignored the law on several occasions. I have asked them to validate this debt on twice. On both occasions, they ignored me, and by doing so, they broke the law. Berkâ??s Credit & Collections placed the unsubstantiated debt on my credit report without validating the debt when I requested. I sent them a letter asking for verification this debt (please see attached). Again, I was completely ignored. This situation is making it difficult for me to obtain credit. It appears as if I have two recent collection accounts (See attached copy of my credit report). Sincerely, Enclosures
thanks for the reply... but with the letters to FTC AND AG, did you CC the cra & creditor/collection agency? I REALLY appreciate the information!! TIA SUZYQ
Yes I did. I faxed the letter to the attorney general of PA, the state I reside. Then I mailed the letter to ensure it was received. Sent copies certified return receipt to the collection agencies. I want to make sure they received a copy of the complaints. Keep in mind I sent them a validation letter 2 months before I filed complaints. When they didn't respond to the first validation letter I sent another. I waited 30 days, then filed my complaints with the FTC and the Attorney General of PA. I sent copies of all of my correspondence to the AG. I wanted to show a clear and convincing papertrail. Sure enough, the attorney general of PA responded with a letter telling me they are investigating my complaint. About 2 weeks later I received a letter from them telling me they were glad to resolve my problem to my satisfaction. Meaning, both collection agencies sent letters to the Attorney General stating they couldn't verify the validity of the debts so they are removing their tradelines. The AG sent me copies of both letters for my files. I can tell you right now the FTC is a JOKE! They won't do anything. They will send you a letter telling you they have you complaint on file. Thats it. I figured since Gulf State Credit was fined heavily by them a few months ago that would be enough. To date I have heard nothing from them except they have my complaint on file. I don't know what state your in or what your AG will do on your behalf. The AG in PA took my complaint seriously and truly investigated and forced them to remove their tradelines. I had a tradeline from Berks Credit and Collection and Gulf State Credit for the same alleged collection account. I hope this helps
I really appreciate the information. I am in AZ and I am dealing with a local credit bureau. Credit Data Southwest. I also sent validation letters to the reporting creditor. It is not a collection agency. My first validation letter was mailed 5/10/01, no reply. I sent my second validation (requesting a reply within 15 days) on 6/28/01. To date there has been no reply from the creditor. NOTHING! I think I will give it another week. If still nothing..I will file complaints against the cra and creditor. I am thinking that maybe I should contact EXPERIAN headquarters in Allen, Tx in the meantime. They have to be better than this local agency!!!
EXPERTS, i NEED TO SUE EXPERIAN today in the mail, I finally received a "clear" reply from CREDIT DATA SOUTHWEST "experian" in regards to my request for the procedures used. (I clearly requested the procedures at least twice), both times they replied with "off the wall" replies that had nothing to do with my request. I then decided to write a letter to the main office in letter to the ALLEN, TX address. the main office must have forwarded it to the local bureau..as the local bureaus reply is as such: PLEASE SEND DOCUMENTATION TO SUBSTANIATE YOUR DISPUTES AND WILL WILL REDISPUTE ACCORDINGLY. REGARDING YOUR QUESTION ON WHAT PROCEDURE WE USED TO VERIFY DISPUTED INFORMATION ON YOUR FILE, WE ARE ONLY REQUIRED TO PROVIDE THE NAME AND ADDRESS OF THE COMPANY WE CONTACTED, & PHONE NUMBER IF AVAILABLE. first of all, I believe I "substaniated" my dispute by disputing as not mine. and the FCRA does not REQUIRE me to substaniate anything. Experian has: ignored my first two requests for procedures used to verify, by replying with information that has nothing to do with what I requested. to date, they have still not supplied the requested information. AND WHAT IS THIS ABOUT THEM NOT BEING REQUIRED TO PROVIDE ANYTHING BUT THE COMPANY NAME & OTHER INFO? What happened to the "procedures used to verify?" Can someone point me in the direction as far as filing suit against these people????
Re: EXPERTS, i NEED TO SUE EXPERIAN You might want to quote this to Experian. Taken from the ftc website. rule 611 6(b)(iii) (iii) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available. Then tell them unless they comply immediately, you WILL file a lawsuit.
Re: EXPERTS, i NEED TO SUE EXPERIAN LKH, thanks for your reply. I am REALLY tired of dealing with them. I believe my first three letters were VERY clear in what I was requesting. If I sent ANOTHER letter, it would be my FOURTH request. They are wearing me down. I am really fed up!! This is not my first battle with them!! I am thinking about filing suit, for violation of the FCRA. Specifically the section that refers to my right to request a description of the procedures used...I just really don't know how to go about doing it at this point....
Re: EXPERTS, i NEED TO SUE EXPERIAN I ran across this opinion letter from FTC staff: http://www.ftc.gov/os/statutes/fdcpa/letters/wollman.htm While it does not specifically say what is acceptably considered "verification", it clearly states their position that the FCRA requires the Credit Bureau to require more of creditors than a simple "Yep,ey owe us money" to consider the debt verified. Hope it helps.
