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PAID SETTLEMNT? I NEVER PAID ANYTHING!


simplysilky
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It states on my credit report:

National Auto Credit-Orig creditor

Opened 2001

High balance: $3802

Status: PAID IN SETTLEMENT/COLLECTION ACCOUNT

Creditors statement: Account legally paid in full for less than full balance

Why does it say "Paid"?? I have not made any payments on this. Would it be opening a canof worms to find out? Or should I let it stay on my report and will it hurt me for it to stay?

Thanks!!!!!!!!!

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This is too easy. Follow the DV trail. I'd do it in this order

1. Dispute the account

Name, date, account number if given, etc...

"I dispute this alleged account entirely and request validation. It is inconvienent to call me at any time or any place, and my employer doesn't permit calls at work"

YOU

2. Order a paper copy of your credit report. Right there, you have false or misleading representation and misrepresenting the amount, character, and status of a debt.

3. Dispute with the CRA's as when the green card comes back.

3a. If the account is verified, you have the FCRA violation for reporting inaccurate info.

3b. If they verify before sending validation, you then have continued collection activity.

3c. If they send you anything other than proof of payment (cancelled check, copy of money order, SOMETHING) you have another FDCPA violation

4.Go to NACA.net, contact a consumer atty in your area that will take the case on contingency, with atty's fees as compensation included in the settlement/judgement.

5. Check your state's laws or consumer protection statutes for additional damages.

6. Sue.

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Thank you very much for the info!

Dispute with the OC (National Auto Credit)? or the collection agency (Gulf State Credit LLC)?

So....

1. Send DV to OC CRRR

2. Send DV to CRA once the green card comes back

3. Please forgive me but what do you mean on 3b? If everything is verified and true I don't have a leg to stand on?

Thanks again!

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Wait, wait who is reporting what?

The OC is the auto place and the CA is gulf coast, correct?

DV the CA (you can't DV an OC, although you could send a FACTA request)

DiISPUTE the TL showing paid, not DV with the CRA.

3b. Verifying the TL with the CRA before providing validation to you is a FDCPA violation according to the Wollman FTC letter.

Sue them at that point.

You should also have a claim for reporting inaccurate info for a FCRA violation if the TL is verified.

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GOTCHA!! THANKS ALOT! I'm just soooooo nervous about doing things like this! I have one more on my credit report to where if they verify it, they may get a judgement on me for garnishment or take me to court if I open a canof worms.....UGH!!!!!!!

But thank you anyway for the info!

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Please forgive my stupidity!

I'm under the impression that if you try to dispute/DV anything on your credit report and it is actually verified, that you have just opened a can of worms and they can proceed to sue you since I bought it up and trying to get a mortgage.

I was talking about a CC I have with Crapital 1--its all interest -- no payments since 2001 and since I'm trying to get a mortgage, I was wondering if I should start sometype of payment arrangement or DV to see if they respond.

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Ok,

A few things here: First, DVing and disputing are entirely seperate actions governed by different statutes that give you different rights.

DV is not a dispute with CRA.

A CRA verifying a TL usually opens up a can of worms for THEM, and hold zero liability for a consumer. A CRA verifying a TL does not mean anything as far as you owing anyone anything, btw.

What is supposed to happen is that the CRA investigates the TL and determines the accuracy.

What really happens is the CRA puts in a numerical code, at best effectively says "Hey, capital one do you have a Tracy823 in your records?" Capital one says "Yup, sure do" and the TL is verified.

If a CA provides actual VALIDATION, and I mean real validation, not some print out from their records, not an affadavit, not some BS, but a running tally of the account from 0 to the current balance all in accordance with any agreements made and state/federal law, THEN you as a consumer may have a problem, but then again only if the debt is in statute.

FYI, anyone can sue anyone else at any time. Winning is a different story...

I wouldn't do anything with Crap 1, unless it looks like they are intent on suing AND the account is within the SOL or the mortgage broker absolutely must have the acocunt settled or something to get the house and you can't find another mortgage broker.

You can't DV an OC, so unless they are reporting something inaccurate (which they may be) I'd just leave it alone.

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