recvd a letter last week from a CA that was dated april 12 04 it said on the bottom we will not report this acct to any credit bureaus until after may 13 04 you have 30 days yada yada yada ok so I send my written dispute and request validation. in which i get the green card back today. it so happens that I get an updated copy of my report from TU today also and guess what the TL from this ca is there on my report.. Unbelievable Im fuming now so I call the CA and asked why they are reporting it and read their notice back to them. they said oh sorry our mistake we will delete the TL and obtain proof from the OC for you. now today I go online and CK my exp and there is a hard pull with todays date on it from this same CA so hiding, butch, anyone, I need case cites again PLz so I can nail these people this is getting very old fast!
-Slow down there LK.. -Just to go back a step, was this their INITIAL communication with you in connection with the collection of a debt? -If so, did the notice contain the validation of rights per FDCPA 809? -Dont forget, they have 5 days to send you the notice.... -If they properly notified you of your validation rights, and you requested verification, then they REPORTED or INQUIRED AFTER they received your request, it is definately a violation, or two -Looking for cases now
Re: Re: validation nightmare Thx this will be helpful as long as I can quote them properly to the judge if I need to.
Re: Re: validation nightmare Fun, I have a list of cases for you..just need to type it Here is my line of thinking for info you need for court...... 1- NEED to show "pulls" are continued collection activity 2- NEED to show a "tradeline" is also continued collection activity (regardless if it was later deleted or not by the way) 3- COPY of FDCPA 809 (b) (continued collection activity) 4- CASE LAW Ill get it to you as soon as I can.
Re: Re: validation nightmare Continued collection activity AND failed verification : Spears V Brennon 745 NE.2d 862, 869 (Ind. Ct. App. 2001) -collection agency filing a suit and SCHEDULING THE COURT DATE during the 30 day validation period. -IN THIS CASE, a signed contract WAS not verification. IN THIS CASE. I just realized how long the list is.....FUN, Ill email it to you...and anyone else that needs it...
Re: Re: validation nightmare okay thx hiding sorry to keep asking so many darn questions just trying to learn. appreciate the help
Re: Re: Re: Re: validation nightmare damn it.....forgot your cases...I will scan the page tonight....and email it and you're still not the boss of us
Re: Re: Re: Re: validation nightmare hiding your right Im not the boss of you guys I just my own boss simple life no stress yeah Right would I be here j/k Plz guys I am asking for the sake of this channel be professional you are better then this..
CHARGE OFF'S!!! I've been reading and reading, trying to get my husbands credit cleaned up and accurate, if nothing else. I am having trouble with Citibank, they have an account for him that opened in 1985, Charged off in 12/2004 every month till present. I can't find any bills or anything that read the balance when he made the last payment, but after I sent val/verification letter to them, as well as the 3 CRA's as you guys advised, they sent a few old bills that don't have any info on them, except continuing finance charges that all add up to almost 4000.00 to date. They reported to all 3 CRA's in Jan and Feb., after they received my letter (green receipt date is Jan. 17, 2006) all 3 CRA's verifed on new report and I'm still without info on this thing, and still being reported "charged-off" monthly like it just happened. Does anyone know HOW they are to report this? Is this legal to write off half a debt, and still report the entire debt as owed and current balance? I am soooo frustrated and fell like giving up, please help, ANYONE!!! thanks in advance.
CHARGE OFF'S!!! If the Citibank card is listed on all three CRAs, does each listing show the identical DOLA? (date of last activity) All the CRA's should be showing the same DOLA and the same amount "charged-off". Depending on how you worded your letters, the account should also be showing "account is disputed by consumer" - or variations thereof. The reports will say, "last reported in January 2006" because of the contact.
CHARGE OFF'S!!! They all say the same date of last activity, being 10-04, but they report "L" for the monthly status, which is detailed all the way to present month. One CRA listed as disputed, but others did not. I have a report from creditreport.com that gives detailed info on how various info affects score, and how they look at it. On this report it shows this acct. as being charged off last month, like it just happened.
CHARGE OFF'S!!! You want the paper copies of the credit reports, and demand that the other two CRA's list the account as "disputed". The paper copies are the evidence and I wouldn't operate from creditreport.com info. The data-furnisher must report identical information to all credit reporting agencies. Is all the info, even the "late" payments, identical? As time progresses, even with charge-offs, the impact of negative information diminishes on the overall score. This is negative information and, all things being equal, it's possible that it could remain on the report for seven years from the DOLA. There are other issues to possibly consider especially if you may be contemplating a major purchase, such as a home, in the near future. It's also possible that the debt could be negotiated down with considerations but if you've never done it, find someone who does it as part of their legal practice. Check your state's SOL on credit card debt because if you live in an area where the SOL is 3 years -- you're in a good bargaining position. Your approach depends on your ultimate goal. Be prepared to be persistent and patient.
CHARGE OFF'S!!! Hi Crusader. Got your EM. A bit of a double whammy here; for one thing you're rather new at all this. And the other is that this situation is rather recent. So let's take our time, be patient and don't do anything for a while. Read a lot, and we'll work it as we go along. Go ahead and get paper reports like Always said. : )
CHARGE OFF'S!!! Date CRA BALANCE PASTDUE \ 2/18/05 EXP/CSC 3259 1855 3/17/05 EXP/CSC 3259 1922 3/18/05 TRANS 3259 1855 6/20/05 ALL 3 3427 2127 7/20/05 TRANS 3424 2127 7/27/05 EXP/CSC 3480 2198 8/3/05 EXP/CSC 3480 2198 10/15/05 EXP/CSC 3601 2343 1/4/06 ALL 3 3790 2571 1/5/06 ALL 3 3790 2571 1/7/06 EXP/CSC 3790 2571 1/7/06 EXP/CSC 3790 2571 1/7/06 TRANS 3790 2571 1/19/06 TRANS 3859 2649 CITIBANK RECEIVED DISPUTE LETTER 1/17/06 PER GREEN RETURN RECEIPT - DISPUTED ONLINE W/TRANSUNION ON 1/19/06 EXP/CSC AND EQUIFAX 1/26/06 1/25/2006 ALL 3 3859 2649 STILL REP STILL REP 2/28/2006 EXP/CSC 3859 2649 STILL REP STILL REP 3/2/2006 ALL 3 3923 3923 3/18/2006 TRANS 3923 2729 Above is what I put together yesterday. On Excel, input all info from every credit report I could find, and inserted dates and amounts, as well as after I had written disputes and demands for validation and verification. I know we owe something to these people, but feel we can't even find the true figure, or how much damage it will do to us to go ahead and pay, seeing they will keep reporting and we will be rid of this in 9/09 because of last payment made (7 years). I have been working on this thing so much, but just get lost and frustrated with trying to find out exactly what they are allowed to report and how. Presenting this account as a brand new chargeoff every month since 10/04 has hurt us more than anything else. In response to my letter, they sent a couple of random invoices that are from 2005, that don't have anything on them, of course, except late charges and more finance charges that keep mounting up. There is info on a couple of old reports that states they wrote off 2703.00 and 1922 past due with bal of 3259.00 At a stand still, any help is appreciated greatly!
CHARGE OFF'S!!! Almost forgot, creditreport.com is just a side note that I had gotten, all the reports listed here as "all 3" are merged reports from a mortgage friend of mine. I live in Texas and SOL is 4 years. I know for sure that the original debt had to have been less than 2000.00 because of the credit limit on the card. DOLP is was 9/02.
