victoriouswarrior Posted November 1, 2004 Report Share Posted November 1, 2004 Hi :A few months ago I got a collector off my back, who was attempting to get money from me that I didnt owe the--- they bought an old debt from PROVIDIAN.I sent them letters stating that i didnt owe them a dime, quoted the federal law on it ( which i dont remember now ) and demanded that they stop calling me!It worked .... but their negative file is on my report... so when financers look at my report they see two debts deliquent---Providian, and those crooks that bought that same debt from Providian ! ( its about to expire).Should I write to that creditor and DEMAND that they remove this from my file ? ( it is fraud is it not ? )I have contacted my attorney general... and other complaint organizations on their dirty dealing...I 'd appreciate advice/ even a sample letter . Link to comment Share on other sites More sharing options...
retmar Posted November 1, 2004 Report Share Posted November 1, 2004 I assume by your post that the debt is timebarred and this is the reason you chased the CA away.If the debt was legitimate in the beginning, then the OC has the right to report for the 7 year period. The same goes for the CA as long as they use the same date of delinquency as the OC. If they use the date they purchased the debt, then it is a violation for reaging. They can use that date only on the date opened and/or reported line. The OC TL must show a Zero Balance and the note the debt was sold or transferred. Since CHOD is upon us, get your dispute letters ready and send them to the CRA's so they are received around the day before or following T-Day. Go ahead and use the "Not Mine" and see what happens.No guarantee, but, you never know. Many have had good results during this time of year. Be sure and request deletion of TL's. Link to comment Share on other sites More sharing options...
Methuss Posted November 2, 2004 Report Share Posted November 2, 2004 If the debt was legitimate in the beginning, then the OC has the right to report for the 7 year period. The same goes for the CA as long as they use the same date of delinquency as the OC. Not correct. Under the FCRA and the FDCPA the CRA is required to list the item as disputed as soon as they got his letter. Continued reporting of the item after it has been disputed without providing validation violates the FDCPA. Additionally, continued reporting of a disputed item violates the FCRA if they fail to investigate and report their findings to the CRAs within 30 days of being notified by the consumer of the dispute.Since the FTC has revamped their consumer site, I can't find the FTC opinion letters to quote them directly, but the FTC has ruled on this before. Link to comment Share on other sites More sharing options...
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