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Sears/Trans Union


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I'm somewhat new to this, so I'm not sure how to handle this one..My husband has a Sears charge off from 1996 on his TU report, they wouldn't delete, so I sent validation letter to Sears. Sears sent me a letter of "apology" stating their records were not the same as TU and they would notify all the bureaus of their mistake and have it taken care of That they were sorry for the inconvenience this has caused us... sounds good right? Now I have a new TU report and they have "re-aged"? the account..Last month and every time b-4 Sears' letter it was an account that showed opened 01/89 charged off 08/96. Now the new report I got says charged off as of 2/98!! This is definitely not correct, but I dont know if Sears did this in response to my letter or if this new report and the letter I got from Sears crossed paths. What should I do about this? Any help would be greatly appreciated!!!!! This negative was due to be off his report next summer and now they've added two more years to this by changing the dates!

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Remember, you can't do a debt validation on the original creditor (Sears), only on collection agencies.

However, you can write an intent to sue letter to Sears on the grounds that they are violating the FCRA by not reporting the date of the chargeoff correctly. It's a $1000 fine against them for doing so. If they ignore you, file suit, it's a slam dunk for you to win.

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thanks for the fast response!! I didn't realize I couldn't send the OC a validation letter until it was too late. I'm just not sure if this was a typo on TU's end, or if this is what Sears changed themselves in response to my letter, cause my report came back under Sears as account verified, NO change. Wouldn't they have to put changed if they changed the date? I'm confused....sorry this is all still new to me!

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How would I go about writing that kind of letter, and exactly what proof do I need? Just my credit reports showing the different dates or do I have to have the original info from when I had the charge off in 1996? I know I don't have records that far back. You are such a help...thank you sooo much :)

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Why can't you do validation on an OC? I'm assuming that it's simply due to the wording of the FDCPA? But it would seem to me that a consumer being wrongfully hounded by an OC should have the right to force validation there as well. I mean, if I suddenly got a notice from Sears for some bogus account I've never had, I'd hate to think that my rights were limited because they weren't using a CA...?

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Yes but you can't (well you can and many times the idiots doesn't know the difference) ask for validation based on your rights under the FDCPA as it clearly states that a regular OC is not considered a debt collector while collecting debt in their own name. If you go to court with an OC quoting the FDCPA it'll look silly.

While battling OC's, one should look to the FCRA as they are covered as "furnisher of information" and section 623 talks about disputed information.

[Edit by Swede on Tuesday, September 24, 2002 @ 02:31 PM]

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That's true, however, if they are reporting something which isn't true on your credit report, you have every reason to take them to court and make them prove it. This would be under the FCRA. You're not really asking for debt validation - just that they report accurately. iF they are wrong, you have them.

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