Summary: MRS Associates is collecting a repo debt for Bank One. Bank One is reporting (three different ways) on CRs, but MRS is not. I did the typical newbie mistakes and sent out a letter without really thinking it all through. I sent this letter to MRS (even though they are not reporting) for validation: I even received a letter from the AG office saying that if I don't get the resolution I seek to notify their office as they are concerned about consumers getting treated fairly. Then I get the crrr confirmation: Waited one week and on 05/30/03 disputed Bank One TL on all three reports as "not mine" Experian has "updated" their records with the following info: Equifax shows (according to PG, because I am not sure how else to view info): TransUnion shows: I have the print out showing that (as usual) TU has never marked the account "dispute" or anything to the effect (printed copy today with date). cont ....
cont ... Okay there ya have it, all the info. Since the CA is not reporting I will need to modify the second letter to fit that situation (should have done that to the first), and give the "I have given you 30 days, and now I am giving you only 15 more" because that seems like "reasonable" time to me?? EX was able to verify the debt, yet the CA who is collecting on it has not, so how is that possible? Where to go from here? I would really like to take this off and be done with it. I have been reading the Lizard threads and hoping to get the same accomplished. If MRS cannot validate debt: I want my $900 that I paid to them (directly to MRS) back! They were collecting on a debt that does not exist, right? How can I work that in? -------------------- Okay this is the letter I am thinking about sending on Monday to MRS for the TL in question: I have modified it pretty dramatically, and want to run it by you guys first. The parts I am most concerned about is the "Unfair Practices", and them telling Bank One to remove the TL. The "Unfair Practices" is because I have already paid them $900 on this supposid debt not knowing, and I want it back since they collected it unfairly. Help?? Thanks, Vixie
While I like the idea of this . The CA is not in violation of the FCRA or the FDCPA. They - the CA has not put any derogs on your credit report, nor (from what you have told us) have they tried to continue to collect since you sent the first validation. There is nothing in the FDCPA that says the CA MUST validate. They have to stop collecting until they do...and that is what they seem to have done. While I've read alot about the OC being held liable for the actions of CA's, I have never read anything about the reverse being true.
Hmmm that was my fear as well. I just want this over with. Plus Bank One supposidly "updated/verified" with Experian, so I wonder how they can do that, yet MRS can't validate the same debt. Just seems like there should be something I can do. Vixie
MRS has to rely on Bank One to send them validation papers. Sometimes it takes some time, if they even try. If you disputed "not mine" then Bank One's basic burden is to match name and social number. They don't have to go digging for records. Yep, Vixie with SS#123-45-6789 is in our database. Bingo - verified.
Well what I have so far: 1 account from Bank One, reporting three different ways with CRAs (different amount due and such). No validation from MRS on account, if nothing else that keeps them from being able to collect or report to CRAs till I get proper validation. I guess I will just send another validation request to them and reset another 15 day clock. 1 CRA verifying debt, other 2 no response yet and they only have one more week to verify. Once verified I am going to send a procedure request, or start disputing the TL info (wrong amount due and such). Sound good? Anyone see anything I am missing?? Vixie
