chibuya Posted November 3, 2004 Report Share Posted November 3, 2004 I need to send a letter to the lawer who collected funds on a Capitol 1 card. Item has been settled in full two years ago, but still showing charged off/unpaid on CR. I need to send a dispute letter to CRA,s but is there a letter to send to lawer stating they must report payment properly. Seems a DV letter is not appropriate. Link to comment Share on other sites More sharing options...
Methuss Posted November 3, 2004 Report Share Posted November 3, 2004 Before going through all that, dispute it with the CRAs as "paid, furnisher agreed to delete upon settlement."If it comes back verified then you will have leverage to use on the lawyer...reporting false information under the FCRA (since it is paid and not listed as such). Link to comment Share on other sites More sharing options...
chibuya Posted November 3, 2004 Author Report Share Posted November 3, 2004 Thanks Methuss,If it comes back valid, is there a form letter to send off to the lawer? As I posted in a previous thread, the lawer faxed me the court dismissal but that isn't enough to keep other creditors contacting me because they think this is still open. Link to comment Share on other sites More sharing options...
Methuss Posted November 3, 2004 Report Share Posted November 3, 2004 It most certainly should be enough to keep other CAs off your back. Any CA that continues collection after you show them the account is settled is violating the FDCPA. And, according to the Federal Trade Commission, "selling" an account where the consumer has shown it is paid is a violation of the FDCPA for misrepresenting the legal status of the debt (non-existant). Link to comment Share on other sites More sharing options...
chibuya Posted November 4, 2004 Author Report Share Posted November 4, 2004 Well, I'm definatly going to have to go the long route with this one. Talked to both parties just now. CA will not accept dismissal paperwork, only a letter from the lawer on their letterhead with Cap 1 account number listed stating that it has been settled. (They claim that Cap 1 has assigned the account to them)And law office "doesn't ususally send out letters to the debtor stating settlement has been paid in full". They claim that they were collecting for Cap 1 and all funds went to them.Sigh.. getting out my green slips now... Link to comment Share on other sites More sharing options...
Recovering Attorney Posted November 4, 2004 Report Share Posted November 4, 2004 Few lawyers report to the CRAs on their own. If it is under Cap 1, you must dispute it with them. You should start, however, as suggested, by disputing to teh CRAs that you "paid in full w/ agreement by OC to delete" and dsee if you can get it removed. Crap1 is rather feisty, though Link to comment Share on other sites More sharing options...
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