acurtis006 Posted March 22, 2004 Report Share Posted March 22, 2004 Quick question-I have done several searches and cannot seem to find a clear answer:My Bon-Macy account charged off in 9/2003, and has been sent to a CA, but nothing is showing on my CBR.Am I right that it will not show up (in addition to the already listed OC tradeline) until after 180 days? Meaning... I should try and pay it before I get a collection account for this card? If I DV the agency.. will that keep them from listing it at all?Thanks!! Link to comment Share on other sites More sharing options...
Methuss Posted March 22, 2004 Report Share Posted March 22, 2004 Quick question-I have done several searches and cannot seem to find a clear answer:My Bon-Macy account charged off in 9/2003, and has been sent to a CA, but nothing is showing on my CBR.Am I right that it will not show up (in addition to the already listed OC tradeline) until after 180 days? Meaning... I should try and pay it before I get a collection account for this card? If I DV the agency.. will that keep them from listing it at all?Thanks!!The tradeline not showing up yet is likely just an internal processing delay by the OC. Maybe they're just being lazy...maybe they don't want to pay the submission fee. Who knows.I've never heard of anyone sending a DV notice to a CA before the CA contacts them. I'm not sure how the dynamics of that would work.Pay it off with the OC if you can afford to, but not if it would jeapordize your normal day-to-day expenses. Worst that will happen is it will come up as paid with some lates.I just say keep tabs on your CR. The CA will eventually contact you. Send the DV letter the next day after they contact you and check your CR again. If there are no tradelines, they are forbidden by law to list it (See FTC "Cass" letter) once they get your DV letter. If it was listed before you got the DV to them, they are required by law to update it to "disputed" (FCRA). Failing to do either of those leaves the CRA open to be sued by you for $1000-$4000 in statutory damages. Link to comment Share on other sites More sharing options...
acurtis006 Posted March 22, 2004 Author Report Share Posted March 22, 2004 Actually, the CA has already contacted me... but they do not show an account on my CBR!The Bon-Macy does show up as a charge-off, but that the creditor, not a collection account.I will get my DV letter to the agency today!Thanx Again!!! Link to comment Share on other sites More sharing options...
J_Snow Posted March 22, 2004 Report Share Posted March 22, 2004 I've never heard of anyone sending a DV notice to a CA before the CA contacts them. I'm not sure how the dynamics of that would work.Thats what I did. They didnt contact me but they reported the Collection account... so far 3 weeks in and no word... Link to comment Share on other sites More sharing options...
Methuss Posted March 22, 2004 Report Share Posted March 22, 2004 I've never heard of anyone sending a DV notice to a CA before the CA contacts them. I'm not sure how the dynamics of that would work.Thats what I did. They didnt contact me but they reported the Collection account... so far 3 weeks in and no word...Yeah, I did that when there was a tradeline on my wife's report. But in this case there is no tradeline and the CA has not contacted. It would be "wierd" to send a letter to the CA at this point. The CA might handle it more agressively since acurtis006 is showing some knowledge of the account's status. Link to comment Share on other sites More sharing options...
J_Snow Posted March 22, 2004 Report Share Posted March 22, 2004 Yeah, I did that when there was a tradeline on my wife's report. But in this case there is no tradeline and the CA has not contacted. It would be "wierd" to send a letter to the CA at this point. The CA might handle it more agressively since acurtis006 is showing some knowledge of the account's status.Gotcha. Link to comment Share on other sites More sharing options...
acurtis006 Posted March 23, 2004 Author Report Share Posted March 23, 2004 The CA has contacted me.....I actually called them today offering a settlement in exchange for a "paid as agreed" status, which they would not grant.I said "thanks" and began to conclude the call.. at which point they threw in a 'collection efforts will continue' line....I plan on sending the DV letter to both the collection agency and to the OC tomorrow.... hoping that the OC doesn't reply and so the CA can't post anything negative while in dispute. Link to comment Share on other sites More sharing options...
J_Snow Posted March 23, 2004 Report Share Posted March 23, 2004 For the CA dont forget to include a limited C&D in your DV letter. No contact except by mail. Remember that the OC doesnt have to reply to your DV. Your dealing with the CA now. Send your letter CMRRR and as soon as you know they got it, dispute with the CRAs-again CMRRRs.J Link to comment Share on other sites More sharing options...
DocDon Posted March 23, 2004 Report Share Posted March 23, 2004 My ears were burning. Is somebody talking to a CA over the phone??? Link to comment Share on other sites More sharing options...
Methuss Posted March 23, 2004 Report Share Posted March 23, 2004 The CA has contacted me.....I actually called them today offering a settlement in exchange for a "paid as agreed" status, which they would not grant.I said "thanks" and began to conclude the call.. at which point they threw in a 'collection efforts will continue' line....I plan on sending the DV letter to both the collection agency and to the OC tomorrow.... hoping that the OC doesn't reply and so the CA can't post anything negative while in dispute.No more calls. Written by USPS only. Also if you call them after sending a C&D you are jeapordizing your ability to keep them from calling you. If you call them then a judge will say that you have no grounds to complain over them calling you. Link to comment Share on other sites More sharing options...
acurtis006 Posted March 23, 2004 Author Report Share Posted March 23, 2004 Oh.. I see!So I'll CMRR the CA to make sure they don't report to the CBR - right?Is this risky in that the Collection account may have never shown up if I hadn't done anything?As for the OC .. is there a resource on how to get the charge-off removed? I thought they had to reply to the DV letter (not the one quoting FDCPA, but one geared at challanging the date the account was opened... etc). But Methuss says no... If the OC doesn't reply to this letter... can I then forward the info the the CRA's to have the account removed? Link to comment Share on other sites More sharing options...
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