I have a charge off with MBNA listed on my CR that I am POSITIVE is not mine. I sent the OC a dispute letter and disputed it with the CRA. I told the OC that this account was not mine and asked for proof that it was. They send me back a letter saying we received your dispute about the deliquency of your account with us. There is no error in our reporting. What the??? I didn't dispute that! I am sure if they answered me they answered the CRA. I haven't heard back from the CRA. But it still shows up on my report as of today. What do I do now?? There is obviously NO proof of this debt so aren't they required to delete it??
If I were positive the debt was not mine, I would send the OC another letter, making myself VERY clear that I am asking them to validate this debt with proper validation if they think it belongs to me. Also state that this is your 2nd letter, how many days it's been since the last letter, and that the letter from them is NOT PROPER validation, AND that knowingly reporting inaccurate information to a CRA is violation of federal law and a possible $1000 fine. I'd also point out that I've suffered due to this, losing valuable score points etc etc etc, and that unless this TL is deleted IMMEDIATELY, I will advise "proper authorities" of their intent to cause this harm to me and sue them for damages incurred. Legal threats speak loud!
But an OC ISN'T required to validate. How do I approach them when they have already replied to my first letter even though it didn't address what I was disputing.
Re: Re: Re: Why did they send me this letter?? It is being reported as a paid chargeoff. It shows up as balance $0. Settlement accepted on this account. So how can I sue them for nothing?
Re: Re: Re: Why did they send me this letter?? You are correct. An OC is not required to validate. However, the FCRA requires anyone who notifies a CRA to provide valid information. As described before, they are not doing that, are in violation of the FCRA and can be sued solely for a violation on that basis alone. Hit 'em where it hurts, in the pocket book. But you better be sure it's not you. I looked at my credit report and there's a lot of items out there that I thought were not mine. When you do those furniture buy now but pay later kind of things, they all go through some funky lender.
Re: Re: Re: Why did they send me this letter?? Did you ever have an account with them that was paid or that you negotiated a lesser amount than what was owed? Or did u not EVER have an account with them? The burden of proof is still on the OC. If they say that you had a charge-off and you did not have one, they need to prove it was yours. If it truly is NOT yours, sue the f*****s. They are still reporting inaccurate information, and that is a violation of federal law. Even for an OC. If it goes to court, they must then prove to the judge that this is, in fact yours. AND since it isn't, you will win. I bet you one of my house payments that if you threaten a lawsuit, they will go away and so will the TL.
Re: Re: Why did they send me this letter?? youre right. an OC isnt required to validate, but they also cannot report something to a CRA that isnt yours. Is there any possible way you were an Authorized User on the account? If there is any chance of that, this could be the reason it is on your reports. It can be removed, but it wont happen overnight. It could even take 2 or 3 months. I know, you want it gone NOW (and if life was fair, it WOULD be) but don't hold your breath. (I'm not trying to sound rude, its just the truth.) anyway...if there is NO way you were an AU on this account, and you're sure its not yours, get started on another letter. but first, some questions... 1. has this gone to a collection agency? if so, has the CA contacted you? 2 have you tried calling the OC? I know a lot of people think you should never do these things over the phone, but if it was me, I'd call them and NICELY ask what information they have about the account. You might be surprised at how much info you get. DON'T CALL ANY COLLECTION AGENCIES INVOLVED THO. 3. read up on the FCRA. Especially this: http://www.ftc.gov/os/statutes/fcra.htm#623 4. Did you send your first letter CRRR? If so, make a copy of the green card, letter, and any other info you originally sent them, and re send it all, and tell them that they are now KNOWINGLY reporting an error. (Willful Noncompliance) I would sign the letter, and have it notarized. Tell them you think this is a case of fraud. 5. have you been denied credit recently? if so, tell the OC that you have actual damages. 6. tell the OC: - that you plan to request an investigation with the CRAs as well - that the OC can expect contact from CRAs soon - that if the OC verifies this trade line, you will be able to sue the OC for 1000 bucks.
They send me back a letter saying we received your dispute about the delinquency of your account with us. There is no error in our reporting. GRTDLS """""""""""""""""""""""""""""""""" Just because there is no error with the accounting doesn't mean there is no error with the claim as to who owes the debt.
Re: Re: Re: Re: Why did they send me this letter?? *****You are not suing them for nothing it's all about violating your rights by reporting incorrect information.
Re: Re: Re: Why did they send me this letter?? Okay, I don't mean to be rude here but: THERE IS NO WAY THIS ACCOUNT IS MINE, I WAS NEVER AN AUTHORIZED USER ON ANYONE ELSES ACCOUNT. I thought I stated this first thing in my post. Now that we got that out of the way. 1. has this gone to a collection agency? if so, has the CA contacted you? No, Like I said before it is showing as a $0 balance. ******** 2 have you tried calling the OC? I know a lot of people think you should never do these things over the phone, but if it was me, I'd call them and NICELY ask what information they have about the account. You might be surprised at how much info you get. DON'T CALL ANY COLLECTION AGENCIES INVOLVED THO. No, I haven't called the OC. I have sent several letters and the only reply was the one I talked about previously. ******** 4. Did you send your first letter CRRR? If so, make a copy of the green card, letter, and any other info you originally sent them, and re send it all, and tell them that they are now KNOWINGLY reporting an error. (Willful Noncompliance) I would sign the letter, and have it notarized. Tell them you think this is a case of fraud. Yes, I send all these kinds of letters CRRR. I have already made copies and sent them to the OC with another letter. It didn't say anything about Willful Noncompliance. I am not mentioning fraud. I have read way too much about what it can do to your credit report on this site. ******* 5. have you been denied credit recently? if so, tell the OC that you have actual damages. Yes. ******* 6. tell the OC: - that you plan to request an investigation with the CRAs as well - that the OC can expect contact from CRAs soon - that if the OC verifies this trade line, you will be able to sue the OC for 1000 bucks. Does anyone have a link to a sample letter I can kinda go by.
1*. I am not mentioning fraud. I have read way too much about what it can do to your credit report on this site. 3*- that if the OC verifies this trade line, you will be able to sue the OC for 1000 bucks. 5*Does anyone have a link to a sample letter I can kinda go by. GRTDLS """""""""""""""""""""""""""""""""" 1*Don't blame you. I don't like this idea either! 3*And here's another one I don't like. Why tell them how to defend themselves against you??? 5* Sample letters http://consumers.creditnet.com/straighttalk/board/index.php?s=
Re: Re: Re: Re: Why did they send me this letter?? I still don't see anything about not being an AU in your first post. you only said there is NO WAY this is YOUR account. That is why i asked if you were ever an AU on anyone elses account. I know youre frustrated (believe me, I've been thru this) but you shouldnt assume we already know everything about your situation. Yes, i read that it has a 0 balance. 99.9% of the time, OCs send charged-off accounts to collections. Thats why I asked. Dont be surprised if you're contacted by a CA soon. If you are, send validation immediately. Ok, just mention willful noncompliance then. I havent read anything about what fraud does to your credit report. this was the approach i used, and it worked for me, but now I'm worried. I guess i'll go do some searches about claiming fraud. Sorry if i gave bad advice. Here's the letter I used: -------------------------------------- Dear Sir/Madame: I recently ordered copies of my credit reports from several agencies to make sure that my credit record was complete and accurately recorded. Your company is reporting an account in my name under the above reference number. This is a mistake, and must be deleted from my credit profile. I have never had a debt, nor an account with your agency. I am sure your are aware that incorrect reporting is in direct violation of the Fair Credit Reporting Act. You have had [X amount of time] to delete this erroneous information and have not done so, showing gross negligence and affecting my credit rating adversely. I have disputed this account with you and the credit reporting agencies several times, and I now have proof of your Willful Noncompliance as outlined by federal law. Please refer to the Fair Credit Reporting Act if you are confused about these laws. Exercise caution in how you respond to the Credit Reporting Agencies' requests for verification of this account, because an inaccurate response may constitute another violation of my rights as a consumer. It would be in your best interest to rectify this situation immediately by requesting the full deletion of all information regarding the account in question to all consumer reporting agencies that you file with or report to. Further correspondence should be sent in writing to the address or fax number above. --------------------------- again, I would have it notarized, giving it that "just came from my lawyer's office" look. One more thing. You could go ahead and try one more letter, but it sounds to me like you've done enough already, and you've done things correctly. A lot of people would tell you its time to send an Intent to Sue letter.
Re: Re: Re: Re: Why did they send me this letter?? Then make up a number. $1000 sounds good to me. Anything to get their undivided attention.
Re: Re: Re: Re: Why did they send me this letter?? btw, here is a good intent to sue letter by butch. scroll all the way down on this page: http://consumers.creditnet.com/stra...325&highlight="methodist+hospital"#post220325
Re: Re: Re: Re: Re: Why did they send me this letter?? I kept disputing a gas bill account as being $600 more than what I owed them and they just ignored me till I sued them for the $600 that I was disputing.
Re: Re: Re: Re: Re: Re: Why did they send me this letter?? But they have already responded to me. It still shows up on my credit report. Any idea on what kind of letter to send them now? Can I send an intent to sue letter?
Re: Re: Re: Re: Re: Re: Re: Why did Crowmom's letter from above modified for you: Dear Sir/Madame: I recently ordered copies of my credit reports from several agencies to make sure that my credit record was complete and accurately recorded. Your company is reporting an account in my name under the above reference number. This is a mistake, and must be deleted from my credit profile. I have never had a debt, nor an account with your agency. I am sure your are aware that incorrect reporting is in direct violation of the Fair Credit Reporting Act. Your company responded to this by stating that (write WORD FOR WORD the content of their letter) Let me assure you again, I have never had any account with your company at any time. There must be some mistake in your company's accounting system and it is causing me actual damages of being refused credit because of this incorrect notation. You have had [X amount of time] to delete this erroneous information and have not done so, showing gross negligence and affecting my credit rating adversely. I have disputed this account with you and the credit reporting agencies several times, and I now have proof of your Willful Noncompliance as outlined by federal law. Please refer to the Fair Credit Reporting Act if you are confused about these laws. You have 15 days from reciept of this letter to have the notation deleted from all of the credit reporting agencies. After that point, I will file against XYZ Company in small claims court for violations of the FCRA in the amount of $X,000 plus court costs. Sincerely, (sign your name) _____________________________________ The $X,000 would be 1,000 times each of the credit reporting agencies that has this erronious entry on your report. So if it's on EX, EQ, and TU, that would be $3,000. This is a good description of the situation, along with an ITS notation. If they don't provide you with any evidince to support their claim that it is your account or have the account deleted, file a lawsuit 15 work days after they sign for the green card. The only way they could not loose the lawsuit and have to pay you, is if they came in with all the documentation, statements, application, envelope you sent the application to them in, and the DNA sample they took off the envelope from where you licked it to proove that you were the one who applied. Again before doing this, make darn well sure you know that you definitly did not willfully open this account. If they come up with evidince that the account was opened fully in your name, you will have to go the fraud route. ChrisB
