First of all, I messed up and paid a C/O for the DH over a year ago, before I knew anything about credit. This account was a chargeoff with a cc and went to collections. The CA that handled this account were relentless. They called everyday, and they never spoke to DH, only me about this account (dh was at work most of the time). Anyways, after about 1,000 phone calls from the CA, I took it upon myself and eventually paid them a "settlement" for dh's account. At the time, I paid the CA just to stop the constant phone calls. Of course, now the paid C/O is still lingering on dh's EXP report, showing as a paid settlement. I am thinking of sending a request for deletion/intent to sue from OC on the basis of: 1) the account holder never made a settlement on the account, only a member of the account holder's family...settlement should never have been discussed or accepted with anyone but the account holder 2) the account was clearly an individual account, and only the account holder could have made such a settlement, for the OC or CA to accept settlement from anyone other than the account holder is in violation of FCRA and Privacy Rights of account holder 3) for the OC to contract with any CA that engages in abusive collection practices and violates the FDCPA using any means possible to collect on an account is outrageous 4) Dh's right to dispute account have now been forfeited since according to the OC it has been settled, although DH never settled account This is going to be plan "B" if the procedure request does not delete account. Do you think I have a chance??
We've got some smart paralegals on here - any of you have an idea of how this would work? I would think that as spouse you may have been able to enter into a settlement. I would dispute the hell out of it and see what happens. Who was the OC?
I just don't think you have much traction. If you do sue, at some point the judge or the oc lawyer is going to ask your husband point blank "was this your debt? And, if it wasn't,why did you pay?"
Providian was the OC. As far as disputing, it is off two CRA's and remains on one, and they will not investigate anymore. I have a procedure request pending, but if this comes back, I will probably send this letter out or some other "nutcase" letter. At the time I would not have paid this for the DH, but the the CA was relentless. They continually called the house, I think they really got a kick out of calling me up. Sometimes, they would call up to four times a day. I swear, they would call me early in the morning on Saturday just to wake me up. This went on for about five months. I finally told the CA, you win, I will pay it. Anyways, that really is the reason why I paid, to get the CA from stop their perpetual calling. Of course, if I knew then what I know now, I would of had DH send cease and desist to the CA and refuse to deal with anyone but the OC. I think of it like this, if the legal account holder did not authorize settlement, then OC has no right to report to CRA that account was "paid in settlement", the notation implies the account holder settled the account for less than owed. On the other hand, if OC changes the remark to "paid in settlement" to "unpaid", than that is also not correct since payment was made and accepted, but not by the account holder. If the OC wants to change the account status to unpaid, then I should receive a refund for the settlement I paid. I really do not think a refund is likely. Anyways, I was hoping the OC might just view this response as somewhat of a "litigious nutcase" and delete the account instead of hassling with defending their reporting of this account.
