what's next

Hi
Don't ya just hate it....lol. The OC have no obligation to respond at all. The CA don't really HAVE to respond in 30 by law but 30 days is usually a fair amount of time they are allotted.If it were me , my next move would be to sent the CA another letter giving them 15 days to respond this time.Wait..wait This move helps build your case and gives them more chances to rack up violations... then if you are brave and the SOL has past send an intent to sue for not validating and reporting to the CRA. or You can try to dispute it with the CRA. What are the chances they won't repsond to them either ? Good Luck

Anyone else ? (yes the process is slow and sometimes painful lol)

Jamie

 

what are you disputing exactly?

 

HI
I guess I should have asked that question first..lol cause that changes things. If what are are disputing are that old and they have been reported for 7 yrs they are obsolete and should already be deleted of your credit reports....Remember negative items can only be repoted for 7 yrs after the last date of activity
From the FCRA -
§ 605. Requirements relating to information contained in consumer reports [15 U.S.C. § 1681c]

(c) Running of reporting period.

(1) In general. The 7-year period referred to in paragraphs (4) and (6) ** of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.

(2) Effective date. Paragraph (1) shall apply only to items of information added to the file of a consumer on or after the date that is 455 days after the date of enactment of the Consumer Credit Reporting Reform Act of 1996.

This new rule of 180 days was enacted in 1996. Accounts that are listed on your credit report that were delinquent PRIOR to 1996 fall under the old method of computing the 7 year limit.

In other words you can go directly to the Credit reporting agencys and dispute the items as obsolete.
Hopefully they will delete easily because of the age of the accounts they should already be off of there
Good luck

Jamie

 

yeah, ...what she said.

 

Actually, original creditors are obligated to debtors under the Fair Credit Billing Act as well. We don't often discuss the FCBA here, and there are others who are surely better versed in that law than I. Regardless:

1) The original creditor is obligated to bill you correctly. If they are making claims about a bill that was incorrect, then they are violating your rights under the FCBA.

2) The original creditor is obligated to bill you at your current address and to demonstrate clearly that they have made every effort to do so. So, for example, if you never received a bill at all, despite the fact that you are easily found (listed in the phone directory, etc.), then they have violated your rights under the FCBA.

3) The original creditor must bill you in a timely manner.

There are other stipulations of this bill. If you claim that they in some way violated your rights under the FCBA, then they must take every step now to defend against that claim. The FCBA is a consumer rights statute; as a consumer, original creditors are obligated to demonstrate their compliance.

I heartily recommend that Creditnet members make better use of the FCBA -- as well as the FCRA -- when dealing with original creditors. The Truth in Lending Act (TILA) is also worth a look, btw.

Doc