mommywads Posted May 17, 2005 Report Share Posted May 17, 2005 has anyone sued a creditor for not reporting the TL as being disputed?Is there a form letter for that? What part of the FCRA addresses this issue.i have a CA on my credit that is in violation of so many things I'm not sure where to start. First, I made payment arrangements with the OC and made my payment, paid off the balance on time and everything was closed. Now all of a sudden 2 1/2 years later this CA that I have never heard of is reporting on my report that this was a collection account that was paid after it went into collections. I have called repeated to the CA and they will not respond to me. They have verified the account with the CRAs when I first disputed. I sent them a dispute letter CMRRR and they still have not responded. The next step I guess is for them to Validate but I called the OC today and spoke with them and they told me that they used to hire the people to just make phone calls for them and keep records whenever they had payment arrangements. And quit using them because they did not do their jobs right. They have a record of my paying them and it not being a paid collection. What should my next step be? Send another letter? prepare ITS letter?any advise ?? Link to comment Share on other sites More sharing options...
HeartRN Posted May 17, 2005 Report Share Posted May 17, 2005 Get it in writing from the OC that this account was paid and never in collections. Then, send a letter to CA with a copy of that letter telling them to delete their TL or you will sue them for trying to collect on an account they have no business collecting on. Link to comment Share on other sites More sharing options...
mommywads Posted May 17, 2005 Author Report Share Posted May 17, 2005 Update on these B*stards!!I pulled my report this morning and they indeed deleted their trade line. But guess what, they reinserted it under the OC's name!I called the OC again and asked if it were them reporting or if it was the CA. the OC told me that they NEVER report to ANY credit bureau!so anyway, she told me she would write me a letter to that fact and at this point I'm just ready to sue these people. I dont even see what they have to gain by reporting it period. This was NEVER even a collections account.*sigh* Link to comment Share on other sites More sharing options...
credit-nightmare Posted May 17, 2005 Report Share Posted May 17, 2005 What do they have to gain ? ....Nothing , BUT ...Some little CA bast*rd just has nothing better or legitimate to do , so they might as well mess with you.I would make sure you have copies of everything you need to prove your story and if your not in a big hurry to clean up your report or get credit for some reason...just let them keep getting a couple violations , show it was willful and then sue the heck out of them. Link to comment Share on other sites More sharing options...
Methuss Posted May 17, 2005 Report Share Posted May 17, 2005 OK I've dealt with this situation before. The only thing that works is hard-ball.Send a letter CMRRR to the CA stating your intent to sue. In your letter state that the original creditor has stated that 1) they no longer employ the CA to collect for them, 2) the original creditor has stated the account was paid before it went to colelctions, 3) the account has zero balance with the original creditor and is paid in full, and 4) the original creditor never gave them authority to use their name in credit reporting. State that although you are under no obligation whatsoever to provide them with evidence to back you claim that you are doing so (attach copy of payment record and correspondence).Attach a copy of a filled out, ready to file complaint (available at your local courthouse) in the amount of $10000.00 plus attorney fees and court costs for the following violations:Misrepresenting the legal status of a debtMisrepresenting the amount of a debtContinuing collection activities after receiving but not responding to debt validation. ($1000 for all FDCPA claims)Reporting false information to each of three credit bureaus. ($1000 for each of three offenses)Willfully verifying known false information to each of the three CRAs ($1000 for each of three offenses)Failure to report tradelines as in dispute with each of the three CRAs ($1000 for each of three offenses)State in the letter that they have 30 days to respond positively that they have removed all tradeline material from your credit reports, are permanently abandoning all future collection activity, and guarantee they will not "sell" the information to any other party or you will file suit on day 35. Link to comment Share on other sites More sharing options...
codename_fortyseven Posted May 17, 2005 Report Share Posted May 17, 2005 I would just sue. Get a hard copy of both your reports and sue for FCRA violations. You have 2k right now. Get it in writing from the OC that you don't owe anything, the account was never sent to collections, etc... Link to comment Share on other sites More sharing options...
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