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user33658

HELP.....IC SYSTEMS IS AFTER ME!

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I received a collection notice in the mail in early October from IC Systems. I responded to them by sending a dispute letter asking for validation of this debt within 30 days. Well....I just checked my credit report and they have listed the collection on all three credit reports and marked it " as in dispute.

I'm confused....dont they have to validate this debt to me before they place it on my credit report?

If they don't provide me with any proof ....what is my next step?

I immediately mailed dispute letters to the CB's yesterday. Will they still investigate this collection even though it was placed on my reports with the account being in dispute?

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I'm confused....dont they have to validate this debt to me before they place it on my credit report?

Was the account on your report before you sent off the DV letter? If so, they are complying but marking it as "in dispute". If it wasn't, then you have them bigtime, they can't place it on your report after recieving but before responding to your request.

http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm

December 23, 1997

Robert G. Cass

Compliance Counsel

Commercial Financial Services, Inc.

2448 E. 81st Street, Suite 5500

Tulsa, OK 74137-4248

Dear Mr. Cass:

Mr. Medine has asked me to reply to your letter of October 28, 1997, concerning the circumstances under which a debt collector may report a "charged-off debt" to a consumer reporting agency under the enclosed Fair Debt Collection Practices Act. In that letter, you pose four questions, which I set out below with our answers.

I. "Is it permissible under the FDCPA for a debt collector to report charged-off debts to a consumer reporting agency during the term of the 30-day validation period detailed in Section 1692g?" Yes. As stated in the Commission's Staff Commentary on the FDCPA (copy enclosed), a debt collector may accurately report a debt to a consumer reporting agency within the thirty day validation period (p. 50103). We do not regard the action of reporting a debt to a consumer reporting agency as inconsistent with the consumer's dispute or verification rights under § 1692g.

II. "Is it permissible under the FDCPA for a debt collector to report, or continue to report, a consumer's charged-off debt to a consumer reporting agency after the debt collector has received, but not responded to, a consumer's written dispute during the 30-day validation period detailed in § 1692g?" As you know, Section 1692g(B) requires the debt collector to cease collection of the debt at issue if a written dispute is received within the 30-day validation period until verification is obtained. Because we believe that reporting a charged-off debt to a consumer reporting agency, particularly at this stage of the collection process, constitutes "collection activity" on the part of the collector, our answer to your question is No. Although the FDCPA is unclear on this point, we believe the reality is that debt collectors use the reporting mechanism as a tool to persuade consumers to pay, just like dunning letters and telephone calls. Of course, if a dispute is received after a debt has been reported to a consumer reporting agency, the debt collector is obligated by Section 1692e(8) to inform the consumer reporting agency of the dispute.

III. "Is it permissible under the FDCPA to cease collection of a debt rather than respond to a written dispute from a consumer received during the 30-day validation period?" Yes. There is nothing in the FDCPA that requires a debt collector to continue collecting a debt after a written dispute is received. Further, there is nothing in the FDCPA that requires a response to a written dispute if the debt collector chooses to abandon its collection effort with respect to the debt at issue. See Smith v. Transworld Systems, Inc., 953 F.2d 1025, 1032 (6th Cir. 1992).

IV. "Would the following action by a debt collector constitute continued collection activity under § 1692g(B): reporting a charged-off consumer debt to a consumer reporting agency as disputed in accordance with § 1692e(8), when the debt collector became aware of the dispute when the consumer sent a written dispute to the debt collector during the 30-day validation period, and no verification of the debt has been provided by the debt collector?" Yes. As stated in our answer to Question II, we view reporting to a consumer reporting agency as a collection activity prohibited by § 1692g(B) after a written dispute is received and no verification has been provided. Again, however, a debt collector must report a dispute received after a debt has been reported under § 1692e(8).

I hope this is responsive to your request.

Sincerely,

John F. LeFevre

Attorney

Enclosure

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This collection item was put on my report as of yesterday. It was "not" on my reports when I disputed it on 10/03/03. I have never received and written correspondence or phone calls from this collection agency. The only reason I know of them is because I noticed that they made an inquiry on my report in 10/01/03 so I called them ( i know i wasnt suppose to do that) to see why they were inquiring on my report.

They told me what it was for and I told them it wasnt mine. After I got off the phone with them, I immediately mailed a dispute letter via CMRR.

I have kept daily copies of my PG reports to prove this collection was not on my report until yesterday.

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I sent these people a settlement offer back in August, I believe, they never responded and it's been "in dispute" on my credit report ever since. I'm just saying "not mine" for CHOD and we'll see what happens. If I can't get it off, I'll just pay the measly $94 I owe them. Good luck.

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Follow the normal paper trail, IMO, and add that to your ITS when the time comes. They'll rack up more violations if you give them a little more time. That will give you more to "negotiate" with when you're forcing them to delete.

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I contacted Ed Combs to see if I had a case against IC System and they said I have a legitimate case but I would need to file in Florida.

Anyone know any good consumer lawyers in FL?

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Don't pay them a cent. They won't do right by you anyway. Just dispute it with the bureaus, keep a paper trail, check your state laws. They will break plenty. I've dealt with them personally. And file where you live. You can send a letter to their Attorney General and the BBB. It will help.

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Don't pay them a cent. They won't do right by you anyway. Just dispute it with the bureaus, keep a paper trail, check your state laws. They will break plenty. I've dealt with them personally. And file where you live. You can send a letter to their Attorney General and the BBB. It will help.

WOW- What's up!!! Welcome back...........about time.... ;)

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Hi everyone! I didn't think anyone would remember me. I've had a lot of personal stuff going on. I'm here to contribute and listen.

Of couse we do!! We still talk about you and your day in court.... ;) You're a legend around here!! We're glad you're back.

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