Hello everyone! I am having trouble with a account. I have disputed it twice now, both times it has been deleted, only to return again, with a bunch of zeros added in the account number. It goes back and forth being reported by the CA, then the OC. What else can I do besides disputing it over and over?
I have requested validation 6 months ago and heard nothing from them. It was listed on all 3 reports by a CA. TU and EQ deleted. A few weeks later, it reappeared listed by the OC. Again, I disputed it. TU and EQ again deleted it. Now it's back again, listed by the OC but the account number has 4 zeros stuffed in the account number. (they did that last time too). EX - they verify every time. I'm adding the violations up on them.
Unfortunately, as far as the OC goes, they can include the tradeline even while it is in dispute through a CA. If you only requested validation through the CA, and didn't send the OC a notice of dispute then the OC hasn't broken the FCRA or anything else by listing it. UNTIL your first dispute, then if they verify it without a notice of a dispute, then and only then is it a violation of the FCRA, for not including the notice of dispute. The OC is entitled to report, the FDCPA doesn't apply directly to the OC in most cases. The CA since they couldn't validate, yet; left THEIR trade line disappear. When the account switched from being listed by the CA to the OC. Do you know whether the CA was only assigned, or if they had PURCHASED the account? If the OC doesn't own the account, then they can't report it with a balance. However, what may have happened, is OC sold the account to CA. CA sold the account back to the OC when they received your validation request (or possibly when the OC didn't provide any validation after a reasonable period). As for the OC trade line reappearing after being deleted, the OC is not the one violating here, its the CRA. The CRA is the one who must ensure that the trade line does not reappar without them certifying that the original dispute has been resolved; AND THEN the CRA must send you within 5 days of its reinsertion the notice that "XYZ CO has reinserted the deleted entry into your credit file".
what may have happened, is OC sold the account to CA. CA sold the account back to the OC when they received your validation request (or possibly when the OC didn't provide any validation after a reasonable period). jam237 ================ This is doubtful -- as OCs don't generally buy back debts sold to CAs.
i think they meant "sent" - that makes more sense. hey lbrown, question for ya, is it 5 days or 5 business days they have to notify you of reinsertion?
My plan is this - I'm requesting validation with the OC - AGAIN. Once that is received, CRRR dispute with the CRA's. If history repeats itself, TU and EQ will delete - EX will chalk up another violation! Every time I'm close to being clean on a report, this sh** happens!
Go study this thread: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=398394#post398394
Re: Re: reinserted AGAIN!!!! What does studying the linked thread have to do with the question, Butch???? Gmaof1 responded in that thread, btw, so it isn't as if she's not familiar with it -- it's just not relevant. Gmaof1, you need to consider sending them a letter asking for deletion to cure their violation of the FCRA by reinserting a TL that was previously deleted as a result of a dispute and that they were required to follow reasonable procedures to keep the information from reappearing -- without the required notification and disclosures; and request a copy of the certification that is required before reinsertion is even an option. Sassy
Re: Re: Re: reinserted AGAIN!!!! Explains one of the reasons why DF's manipulate numbers, like "a bunch of zeros added in the account number". Whether or not YOU think it's relevant is ... well ... "not relevant". lol
