Posted this reply to quest.... dont know how true help any1

[scriptgurl]

:hmmmm:

I have a question about a CA reporting a Charge-off on CR for 2 different accounts.. These accounts were purchased by 2 seperate CA and they are reporting them as "Open Account" "Factoring Company Account" and "Charge off account" I found these violations in another forum, can they work for my situation.... being they are claiming they are open accounts.... and does each of the five violations listed below count seperately (5 viol. = $5000 or 5 viol. =$1000)? or as one viol.?

Any info would be greatly appreciated!!

#1. CA violated 15 USC 1692e(2)(A) by falsely

characterizing the account as an "open"

account.

#2. CA violated 15 USC 1692e( by communicating

credit information which is known or which should be

known to be false, by reporting the account as an

"open" account.

#3. CA violated 15 USC 1692e(10) by using any false

representation or deceptive means to collect or

attempt to collect any debt by reporting the account

as an "open" account.

#4. CA violated 15 USC 1692e(12) by alleging that

the account was an "open" account resulting in

the false representation or implication that accounts

have been turned over to innocent purchasers for

value.

#5. CA violated 15 USC 1692f by using unfair or

unconscionable means to collect or attempt to collect

any debt by reporting the account as an "open"

acount to deceive current and potential creditors and

to negatively impact my credit scores.

[scriptgurl]

ANYONE??

[willingtocope]

Not quite sure I understand the question...

First...is it a CA that's reporting a charge off...or the OC? What were the accounts to begin with?

Second...if its FDCPA violations you're talking about, its $1000 per case, not per violation, although you can add on expenses and pain and suffering...

[scriptgurl]

the OC sold the charge off account now the CA is reporting it as open and factoring company account

[scriptgurl]

oops that quote came out wrong lol my response wasnt supposed to be in "Quotes" lol

[willingtocope]

Yeah, I haven't figured out the quote thing yet either...

Like I said, though, what kind of account...if its a credit card, then they're misreporting. Something else, I'm not sure...

[scriptgurl]

it was a credit card both are from year 2000

[willingtocope]

Okay, then...the OC should be reporting as "Charged Off" (which means they still own the account) or "Charged Off / Sold to another lender" which means the CA bought the account for pennies on the dollar and they now own it.

The CA should be reporting it as "Open Account" because that's what it is...still open.

"Factoring company account" may be stretching the truth...but you'll have to do more research on that.

But...if the accounts are from 2000...what exactly was the Date of Last Activity (DOLA)...in other words, when did you last pay on them. Depending on what state you're in, the may be beyond the Statue of Limitations (SOL) and therefore uncollectable.

And, BTW, I think most of what you found from that other forum doesn't really apply in your situation...

[scriptgurl]

okay.. it makes sense... i think. DOLA on the OC is 04/01 on one and 03/01 on the other the sol for my state (SC) is 3 years on CC..

[willingtocope]

In that case then, you might do a search here on SOL accounts. It would appear that both accounts are beyond the SOL which means should they sue you, you have an absolute defense.

I can't put my finger on it right away, but I do remember a post here somewhere about sending a C&D letter to a CA telling them to get off your CRs because they're reporting a debt that's uncollectable.

[KentWA]

willingtocope, actually listing as "Open" is actionable:

Defendant misrepresented the character of the account by claiming it was "OPEN”, Martinez v. Albuquerque Collection Services, Inc., 867 F.Supp. 1495 (D.N.M.1994).