Sears is posting an old account that they sold to RMA on Experian. The RMA listing is not being reported. It is being reported as 0 balance, "sold to another lender". Sears re-aged the account. We disputed, they verified. One problem for Experian....we have proof. Sears sent us statements showing that the account was re-aged. We will be sending this to Experian. My husband talked to someone at EX, who said that they verify by sending a questionnaire to the creditor with some "yes" or "no" type questions. They will re-investigate after receiving our proof via mail. Do I now send a validation letter to Sears as well? Since they are not bound by the FDCPA, do I quote the FCRA? Are there any sample letters for this type of thing? This is our last derogatory TL on EX.
Validation is not actually for original creditors since they are not usually liable under FDCPA except for some states who do bind them under state laws. If they cannot be bound under state laws they cannot be sued for most FDCPA violations. They can be sued for reageing the debt under FCRA however. That is an option you may want to consider since the award may be very large.
