Multiple CRA's for same accounts

[manucci]

Hello:

I have 2 CitiBank accounts; SOL will be on April 19, 2005. I sent 2 validation letters to Citi, but they did not respond. Later on, they removed their tradeline. Then Unifund aapeared in my CR 4 times (Twice for each account). I contacted Unifund, and they said they had sold the accouunt in July 2004. As of this moment, I have 4 Unifund tradeline in my CR, and 2 tradeline from each of the 2 CA they sold it to. It appeared that they sold the same 2 accounts to 2 different CA (Or one of the CA is lying)

Bottom line, CitiBank is missing, but there are 8 tradeline in my CR for 2 accounts. The other 2 CA claim they own the debt, and have sent me statements as late as last week.

None of them have been able to validate the accounts even though I have sent validation letters for each account to every CA.

I see this as perfect timing to take them to small claim court, but am afraid one of them may just sue to collect before SOL expires. SOL expires in less than 6 months.

Any thoughts about this?

Sincerely,

Michael

[retmar]

Have you read our sticky at the top of this page about the laws in California? If not, you need to.

You said you already sent a DV letter to the CA. If so, and they still report without noting the TL as disputed, they are in violation. Remember, in the State of California, the OC is liable under the FDCPA and also liable for the actions of their assignee. Though you say the debts were sold, I just want you to know.

Also, have you received any written communication from any of the CA's who are reporting? If so, did any of the communications contain the verbiage that they were going to report the negative information to the CRA's? If so, what is the date of the letter and what month is showing on your CR?

The reason is that CCC 1785.26( clearly states that no one can report negative information without notifying the consumer, in writing, within 30 days before or after the entry is made. You need to look into these items now.

You could dispute with the CRA's as "Duplicate Accounts", but, as you thought, this could cause the gates to open. Since you say the SOL will pass in 6 months, see if you can hold on. Then, you can submit an offer of settlement and demand deletion. Why you are doing this is that you would inform them you are aware of the SOL, and knowing they have no legal recourse, this will be the only offer made. Otherwise, you will sever all contact.

At the same time, you could compile all known violations that you have and send them an offer of settlement as above, or you will pursue litigation against them. If they agree to close, delete, and go eat Maggot Droppings, you will not file. It is entirely up to you. Your main goal is to obtain the best possible deal you can in causing this debt and the TL to go away.