CreditDiva Posted August 6, 2005 Report Share Posted August 6, 2005 Had a CA add new TL as soon as new mortgage inquires on appeared on CR...otherwise CR are pretty clean...what FCRA or FDCPA violations can be obtained here..? I have already DV 1-2 punch, and no validation has been sent, also TL is being reported as open, and Installment account...(it is actually an old medical account, and I never signed an installment contract with any doc) Link to comment Share on other sites More sharing options...
codename_fortyseven Posted August 6, 2005 Report Share Posted August 6, 2005 What state/Federal circuit are you in? According to Towerat, 90 days is a "reasonable" time for a CA to validate, per case law. Has it been 90 days?Did you get the auto violation of continued collection activity?Open account is a violation, installment account is a violation. You have 2x FCRA violations and possible continued collection activity depending on the timeframe. Make sure you specifically dispute the "open" and "installment account"The CA's get notices if you are mortgage shopping, so they are going to show a renewed interest in you. If they blow a mortgage deal for you because of inaccurate reporting on an account they can't validate, they could wind up buying your house for you. Link to comment Share on other sites More sharing options...
CreditDiva Posted August 6, 2005 Author Report Share Posted August 6, 2005 VA Federal - Well over 90 days...Got a letter back from their so-called compliancy office that since I did not dispute in the first 30 days, that I give up my claim to any validation...and basically they did not have to valid anything to me..so they were dumb enough to not send me any validation as well as document themselves on quite a few violations in this last correspondence as well..just wanted to make sure I can include these last two in my suit for reporting open and installment loan... Link to comment Share on other sites More sharing options...
codename_fortyseven Posted August 6, 2005 Report Share Posted August 6, 2005 WoooooooW! And you wonder how/why CA's violate so much, their compliance officer pretty much explains it all. So nice of them to provide more false or misleading statements. To be clear here, did you DV 30 days from the date of initial contact?Are they trying to pull the "we sent a letter to an 8 year old address, so that is initial contact" routine? He even says they don't have to validate anything! That is great, really you couldn't make this stuff up if you tried. Which Federal circuit are you in? Have you contacted a consumer atty yet?Is the TL listed as disputed?You are in the 4th Circuit, which could be really good or not so good. They like to see people dispute within 30 days, but really hammer CA's that don't cease collection activity. Link to comment Share on other sites More sharing options...
CreditDiva Posted August 6, 2005 Author Report Share Posted August 6, 2005 WoooooooW! And you wonder how/why CA's violate so much, their compliance officer pretty much explains it all. So nice of them to provide more false or misleading statements. To be clear here, did you DV 30 days from the date of initial contact?Are they trying to pull the "we sent a letter to an 8 year old address, so that is initial contact" routine? He even says they don't have to validate anything! That is great, really you couldn't make this stuff up if you tried. Which Federal circuit are you in? Have you contacted a consumer atty yet?Is the TL listed as disputed?You are in the 4th Circuit, which could be really good or not so good. They like to see people dispute within 30 days, but really hammer CA's that don't cease collection activity.I did not DV within 30 day, CA says the sent it to address on file? (I haven't moved in 10yrs) - they have only marked 'in dispute' on one CRA - after the fact - I disputed acct several times, they validated, and have never marked 'in dispute', just validated and updated reporting date to try and tank scores...additionally last line in correspondence threatens to sue me if I try to sue them..<can that be another violation for harrassment>sorry to be ignorant - but what effect does the type of circuit that I am in? and do I have to legally file in that state? I work in another state, and reside in another - is that an option?I was going to grab an atty, if there is no response to ITS, which I am delivering to their registered agent via Fedex.. Link to comment Share on other sites More sharing options...
jasen Posted August 7, 2005 Report Share Posted August 7, 2005 They don't jump on your report to screw your mortgage, they do it to get paid. They know that your mortgage company will force you to pay any open collections before closing. It's still shady, but it's not quite as malicious as it may seem either. Link to comment Share on other sites More sharing options...
CreditDiva Posted August 7, 2005 Author Report Share Posted August 7, 2005 Same end...They are not open to a PFD either Link to comment Share on other sites More sharing options...
frankdobbs Posted August 7, 2005 Report Share Posted August 7, 2005 I talked to my banker on Fri about the same thing and he said it was typical but they would overlook it since they knew what was going on. I have actually decided to be safe since I will not be ready to buy a house until May to let the bank pull a hard pull as if I where mortgage shopping so if there was any CA's lurking to try and screw up my house shopping I would have it already taken care of. The CA's are known for suddenly popping out of the woodwork once they see you are house shopping. Since everything that maybe out there is past the SOL or my EX putting things in my name i wanted to run and see what happens before I am ready to actually buy a house. This way I have time to fight any CA's before I sign for a mortgage or am forced to pay up so I can close on a mortgage. Link to comment Share on other sites More sharing options...
CreditSuperstar Posted August 7, 2005 Report Share Posted August 7, 2005 Okay...so if a consumer has opted out, how does the CA KNOWyou are house shopping? I have never seen a CA do a soft pull of my credit report. Even if they did, wouldn't it be illegal since they weren't currently listing on the report in question?IMO, the CRA's inform them of this in some way, shape or form.I just wish I could prove it.CS Link to comment Share on other sites More sharing options...
CreditDiva Posted August 7, 2005 Author Report Share Posted August 7, 2005 I am opted out, and I still see 2 soft pulls in the past 3 months by NCO and Calvary..and I have no accounts with them or at least that I know of... Link to comment Share on other sites More sharing options...
CreditSuperstar Posted August 7, 2005 Report Share Posted August 7, 2005 Diva-I'd think you would have them on a non-pp vio. Perhaps someone else could comment on this. If you haven't given them permission and they are not currently listed on your report, HOW can they do an inquiry of ANY kind? Link to comment Share on other sites More sharing options...
CreditDiva Posted August 7, 2005 Author Report Share Posted August 7, 2005 Diva-I'd think you would have them on a non-pp vio. Perhaps someone else could comment on this. If you haven't given them permission and they are not currently listed on your report, HOW can they do an inquiry of ANY kind?It is coded as an AR,so would be an easy PP violation, I suspect that as they acquire debt portfolio's, they are scanning CR's..but everything is SOL and so are they... Link to comment Share on other sites More sharing options...
DocPC Posted August 8, 2005 Report Share Posted August 8, 2005 They don't jump on your report to screw your mortgage, they do it to get paid. They know that your mortgage company will force you to pay any open collections before closing. It's still shady, but it's not quite as malicious as it may seem either.So which CA do you work for? Link to comment Share on other sites More sharing options...
jasen Posted August 8, 2005 Report Share Posted August 8, 2005 har harSoftware developer/DB administrator.I'm not on the CA's side here, I'm looking at it from a non-involved point of view. I've had my own fights with CA's in the past. Link to comment Share on other sites More sharing options...
DocPC Posted August 8, 2005 Report Share Posted August 8, 2005 har harSoftware developer/DB administrator.I'm not on the CA's side here, I'm looking at it from a non-involved point of view. I've had my own fights with CA's in the past.They do it for the reason you state, but most are also being malicious as well. Link to comment Share on other sites More sharing options...
Recommended Posts