If the same account is appearing twice on the credit report...once from the original creditor and once from a collection agency, what can be done about this? Can the original creditor be made to remove it?
Short answer: No As long as it is reporting correctly. If the account was assigned to the CA, then both can report the account complete with the total balance due. If the account was sold to the CA, then the OC can continue to report the account with a zero balance.
Re: Account appears twice, OC and c -Check the "dates" on the two accounts. -If the collection agency is reporting ANY different dates regarding the account, then they may have re-aged the account. This is illegal.
Re: Re: Account appears twice, OC and c There are two such instances on the credit report (two different debts, so a total of four items, two OCs and two CAs.) In both cases the collectors' dates opened and date of last activity differ. What should be done next? Can the CAs be told to cease and desist, and if so, can it also be demanded that they remove the items from the credit report?
Re: Re: Account appears twice, OC a Dispute the "differences" in the accounts with the Consumer Reporting Agencies DIRECTLY. NOT, I REPEAT NOT, with the furnishers of info. If they fail to conduct a reasonable investigation, they are in violation of FCRA. As far as the collection agency contacting you, write a letter of refusal to pay, or cease communication letter. Either way, if they attempt to collect after receipt of EITHER type of letter, they are in violation again
Re: Re: Re: Account appears twice, OC a Thanks. I've pulled down the letter from here, for "cease and desist" and will mail them a version of this. Is there any kind of form letter for disputing these differences with the CRA?
Re: Re: Re: Re: Account appears twi -One clarification. -The Federal debt collection statutes DO NOT ADDRESS "Cease and desist". -Cease and desist is a legal term which somehow got introduced into consumer credit issues. Much like "Estoppel", IT HAS NOTHING TO DO WITH CONSUMER CREDIT REPORTS. -YES, sometimes these "letters" on sites like this work, but it is NOT BECAUSE THEY ARE BASED ON LEGAL STANDING -That said, lets look at the statute covering "ceasing communication: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#805 15 USC 1692c : (c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- (1) to advise the consumer that the debt collector's further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt. -What you need to do is: 1-NOTIFY THE DEBT COLLECTOR; 2-IN WRITING; 3-YOU REFUSE TO PAY THE DEBT and/or; 4-YOU WISH THEM TO CEASE COMMUNICATION WITH YOU ABOUT THE DEBT. -If they communicate with you DIRECTLY, other than the exceptions listed, they are in violation of 15 USC 1692c. UNLESS IT IS A BONA FIDE ERROR. -A note on "COMMUNICATION." This has been a topic of discussion here lately. It is quite simple. IN THIS STATUTE, they cannot CONTACT YOU DIRECTLY ABOUT THE DEBT. THEY CAN still report it, make inquiries, OR SUE YOU. -Dont confuse "collection efforts" with "communication with the consumer." ****That last part will surely spark debate I would personally appreciate case cites to the contrary on this issue. I am always looking to "add" to the library
Re: Re: Re: Re: Account appears twi Sullivan v. Equifax... Pages 12 - 13... I had typed up a longer post, but the computer crashed as I was trying to send it... Section 805(c) does not state ceasing only direct communications, it states ceasing all communications both directly, and indirectly. If congress intended 805(c) to relate to only direct communications, they would have further limited 805(c) as such, since they did limit it to the consumer, but they did not limit it to only direct communications to the consumer. CRA reporting is one of the two specifically mentioned mediums in Section 805 for relaying messages to the consumer indirectly. Inquiries would not be a communication, because it does not relay information about the debt, but the continued reporting does relay information about the debt to the consumer. -- To the original poster, make sure you clearly understand what number 2 & 3 of the exceptions are, if you totally C&D, and the account is within the SOL, you are only leaving them the option of stopping collection activity or suing you.
Re: Re: Re: Re: Re: Account appears twi The intent here is to eventually settle the debt with the original creditors, hopefully for cents on the dollar, provided the creditors will agree to remove the derogatory information from the reports. In the short term, I need to raise the scores slightly, and it would seem that nuking some of these collections from the reports would do it.
Re: Re: Re: Re: Re: Account appears twi if the account is not time-barred, and the CA chooses options 2 & 3, you could have a THIRD and even worse entry, a judgement for the same account.
Re: Re: Re: Re: Re: Account appears twi For the OP, related and relevant thread on the topic (additionally click on the link in Jam's signature): http://consumers.creditnet.com/straighttalk/board/showthread.php?threadid=58559 Sassy
