Can you DV an OC?

[LearningCredit]

Can you DV an original creditor on a mortgage account if they refuse to delete the information from the CRA's that does not belong to you? There is a mortgage account on my report that does not belong to me. They even faxed over a document with a signature but that is NOT my signature. What route should I take?

I actually typed up a DV letter but with variations. I used the FCRA instead of the FDCPA.

HELP!!!!!!!!!!!!!!!!!!!

[willingtocope]

My opinion would be that you want to start out with a semi- "intent to sue" letter. OC don't need to respond to DV letters. You're right that the FCRA applies here...not the FDCPA.

I'd suggest a letter saying in effect "the documentation you sent is obviously not me...you did not prove this is my debt...you are knowlingly reporting incorrect data to the credit agencies....promptly have it removed from my CRs, or I'll pursue my rights under the FCRA in court".

Make it polite, but stern...and send it to someone higher up the food chain at the mortgage company.

[LearningCredit]

Below is the letter. Is this a good letter?

My Name

My Address

My City, State, Zip

Account #: XXXXXXXX

Mortgage Company Name

Address

City, State, Zip

Re: Account # XXXXXXXX – DEMAND FOR IMMEDIATE DELETION

To Whom It May Concern:

This letter is being sent to you in regards to your company reporting inaccurate information to the 3 major credit bureaus (Equifax, Experian, and TransUnion). Although the balance of this account is reported as “Account Paid/Zero Balance”, it does NOT belong to me. This is a notice sent pursuant to the Fair Credit Reporting Act.

I respectfully request that your offices provide me with competent evidence that I am the accountholder of the above-referenced account.

Please provide me with the following:

1. The complete original signed agreement bearing my signature and date;

2. A complete itemized accounting of ALL transactions for the account including all debits and credits to the account for the entire history of the account;

3. A copy of the assignment or purchase of the debt between any companies associated with this account and your company; OR

DELETE ALL REFERENCES TO THIS ACCOUNT FROM MY CREDIT FILES

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus (Equifax, Experian, or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

• Violation of the Fair Credit Reporting Act (FCRA)

• Defamation of Character

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing of any information to a credit reporting agency (Equifax, Experian, or TransUnion) that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 10 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.

Again, although this account has been paid in full, a simple deletion of the inaccurate reporting with the credit bureaus would resolve this matter once and for all. Please contact all 3 major credit bureaus (Equifax, Experian, and TransUnion) and delete and completely remove all references to this account from my credit files.

Sincerely,

My Name