OC's what to do?

[brianxxv]

Do you use the same methods with OC's as you do with CA's? Can you challenge them to validate their TL's or the amount owed? I believe that the FCRA does not apply to them so where do I find out about my rights when it concerns OC's?

[Guest]

the FDCPA doesn't apply to OCs. However, the FCRA and the FCBA (Fair Credit Billing Act) applies to them.

this is the letter I use for validating OCs, referencing the FCRA and FCBA.

OC

August 7, 2003

Certified Mail Receipt:

Subject: Request for Account Validation

Re: Account Number:

To Whom It May Concern:

Upon recently reviewing my credit file I have found an account listed by your company. I respectfully request that your office provide me with competent evidence that I have any legal obligation to pay you.

Under the Truth in Lending Act under the Fair Credit Billing Act section 161 clearly states that "(1) A refection on a statement of extension of credit which was not made to the obligor or, if made, was not in the amount reflected on such statements". I have no recollection of ever having an extension of credit with your company. Section (ii) states that you must give me a written explanation as to why I am indebted to your company and statements that prove such a fact. I also request under this section the agreement that I made at the time of transaction.

Further more under section 623 of the Fair Credit Reporting Act you must supply correct information to my credit file. It also states under this Act that the items you are reporting are incorrect and must be corrected. I again under this act ask for the documents that support your claim. Please supply the original contract for me to compare signatures as well as all statements.

If your offices fail to respond, with proper validation, within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit files and a copy of such deletion request shall be sent to me immediately. Your failure to respond, on point, in writing, hand signed, within 30 days, will work as a waiver to any and all of your claims in this matter, and I will consider this matter permanently closed.

I would also like to request, in writing that your offices make no telephone contact, to my home or to my place of employment. If your offices attempt telephone communication with me it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter.

Best Regards,