I've been reading the posts on this board and I've summed up the courage to start fighting my creditors in court. I've got a charge-off with Bank of America (about $3100) that was purchased by an asset purchasing company and eventually sold to the CA that contacted me about the debt. I've sent numerous requests for validation to the CA without any response. I've now filed suit in small claims court for violation of the FDCPA sec. 809(b). However, on my credit report I've noticed that "Bank of America" appears next to the charge-off, not the CA's name. Am I filing suit against the wrong entity? When I contacted Bank of America (by phone) they stated that they can no longer give me any information about my account because the debt has been sold. Now I'm worried that my case may be dismissed because I'm suing the CA and not the OC, as the OC is reporting the charge-off, not the CA. What should I do?
I think you can call the court or go down there and have the case dismissed. Then I would send a validation letter to BofA and I would send a dispute letter to the 3 CRA's. You should get your deletion no problem if the OC has no info anymore. Sounds like a slam dunk but.... Don't forget to send out a validation letter to the CA asking for verification of that debt. Send it certified mail return receipt requested. This might help in trying to stop the CA from reporting the account....if just for a little while. Watch them closely and make sure you have a copy of your credit reports before you send them the validation letter and another one a month after you know they received it. This will show you if they messed up and reported the account without reporting it disputed. But there are many other violations they could have too. Look good and hard. Hope that helps! SnakeMan
Re: Re: Validation on a chargeoff: CA or OC Ok, so from what you said, taking the CA to court because I can prove that they were unable to validate the debt that they're holding is a waste of time, since they're not reporting to the CRAs yet. But since I have all of my certified return receipt letters asking for validation that have gone unanswered, I should hold on to them and throw them in their face if the CA starts trying to report to CRAs themselves. Now I should go directly after the OC and request validation (certified mail return receipt, of course) and wait for them to screw up. When that happens, dispute *again* with the 3 CRAs and then take them to court if they continue to list the account after the OC couldn't validate. Did I get that about right?
Re: Re: Re: Validation on a chargeoff: CA or OC Thats right. They do not have to validate, they just have to quit collecting. If there is nothing on your cr now, they haven't done anything wrong. Drop the suit. So you already disputed with the CRAs?Did they mark it in dispute? Is the balance being reported as -0- since they sold it?
Re: Re: Re: Re: Validation on a chargeoff: CA or OC I have disputed with each of the CRAs and they *have not* marked it as being in dispute. The balance is not -0- either. Is there a law that states that CRAs should mark an account as disputed when I dispute with them? I thought they were obligated to mark a debt as disputed only after I dispute the debt directly with the OC, who has the responsiblity of notifying the CRAs. Is that right or did I miss something?
Re: Re: Re: Re: Validation on a chargeoff: CA or OC Is there a law that states that CRAs should mark an account as disputed when I dispute with them? I thought they were obligated to mark a debt as disputed only after I dispute the debt directly with the OC, who has the responsiblity of notifying the CRAs. elusivemel http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=378393#post378393 THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""''' Interesting clicks http://www.ohiobarns.com/othersites/miscellaneous/oh/35-58miningshovel.html http://www.ohiobarns.com/othersites/buildings/oh/35-45bigbasket.html http://www.ohiobarns.com/othersites/wallmurals/ia/15-93calmar1.html THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
