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Instead of validating, OC sends my info to CA.


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Now what?

Here's the deal: I was disputing a paid repo on my credit report. It's about 4.5 years old. I'm in California so I DV'd the OC and received a letter back that I should dispute with the CRA if I had an issue. I wrote back and explained the law a bit as well as requesting again that they send me original documents or delete. They sent me another letter that they had forwarded my information to the CA and that I should hear from them soon. I could care less about the CA because they weren't on my credit report but NOW who knows what they'll pull. The CA has now sent me a letter asking for a LOT of $$, which is bulls**t (I don't want to put any identifiable info on here). Here's the hilarious part - the CA sent me a copy of a Repo worksheet they'd done that is absolutely not mine - someone else's name and a COMPLETELY different vehicle. So the total amount that they put on their request for payment isn't even associated with me at ALL.

What can I do now; what should I do now?

edit: Depending on which month this vehicle was repo'd (can't remember if it was Jan or Feb), the SOL is up in either July or August, which is VERY soon. Should I wait as long as I can to reply (as in, near the end of my 30 days)? Also, I never received a notice of sale. Since they sent me someone else's info I don't know exact information yet such as date repo'd, amount of sale, and other things.

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I am guessing for now that this incorrect sheet was either sent to the CA as part of my file, or the CA filed it wrong. In either case there's a good chance that neither the OC or CA has the correct information or any way to prove this. It's disturbing that they didn't even glance at the name on this before mailing it to me, because it would have been obvious that they were mailing me someone else's repo sheet. If the CA decides to put this on my credit file based on completely false information that belongs to someone else, couldn't I sue them?

Any response would be appreciated...

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Send a DV letter to the CA. Explain the repo sheet isn't even you, and to provide the right info. Then, send a letter to the OC and state that they did not properly respond to your dispute per FACTA and California Civil Code. Give them 15 days to provide proper documentation or remove the item from your credit report.

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Thank you very much!! I will have to look up the proper sections of FACTA and the civil code. If you know a good link off the top of your head, let me know.

As far as the DV, should I wait 3 weeks so that the SOL is closer? I will be careful to respond within my 30-day time limit.

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Would I be referring to this, from FCRA?

§ 623. (a)(8) ABILITY OF CONSUMER TO DISPUTE INFORMATION DIRECTLY WITH FURNISHER

(E) DUTY OF PERSON AFTER RECEIVING NOTICE OF DISPUTE- After receiving a notice of dispute from a consumer pursuant to subparagraph (D), the person that provided the information in dispute to a consumer reporting agency shall--

(i) conduct an investigation with respect to the disputed information;

(ii) review all relevant information provided by the consumer with the notice;

(iii) complete such person's investigation of the dispute and report the results of the investigation to the consumer before the expiration of the period under section 611(a)(1) within which a consumer reporting agency would be required to complete its action if the consumer had elected to dispute the information under that section; and

(iv) if the investigation finds that the information reported was inaccurate, promptly notify each consumer reporting agency to which the person furnished the inaccurate information of that determination and provide to the agency any correction to that information that is necessary to make the information provided by the person accurate.

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If they haven't sued you in almost 4 years, odds are that they won't sue with 30 days of SOL left. But, the possibility still exists, so waiting closer to the end of the 30 days wouldn't hurt.

The federal statute you listed is the correct one to go by. Go to http://www.leginfo.ca.gov/calaw.html and read up on sections 1785-1788. That covers the California version of the FCRA and FDCPA.

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Oops. I guess I forgot about my DV rant thread the day I made this one. But it would be just as annoying to link to this one from the other one so I'll just keep this account on this thread. Sorry, admins... :oops:

As far as I can remember, this repo happened at the end of January, 2002. I pulled a CarFax report and it had a new owner as of 3/11/2002. So I'm confident SOL is up now. This should be fun. :twisted:

Because this happened in another state (with a 5-yr SOL), I need to find the law that explains that my current state of residency is the one that applies. They probably don't realize that and it will go faster if I just tell them what they need to know up front. The CA will be in violation if the try to list this account.

I saw that this CA pulled my credit in June of '05, but as fas as I remember, I never got anything such as notice of sale or bills or dunning letters. They could have taken some action, but they didn't, and it's too late now. The OC even reported as paid and current to one CRA, as if a repo never happened. The other says paid repo, and the CA is sending me someone else's bills. So... yeah. Goodbye, dipsh*t CA.

There are many ways I can dispute this one: SOL, sending me someone else's information instead of proper DV (it almost looks like they tacked on what they think I owe to someone elses' repo), and I could dispute the repo as it's more than 2 years old and I never received notice of sale, etc. I was thinking of sending sort of an all-in-one letter, just to illustrate that they have no options and WILL be sued if they list this time-barred debt. It seems as if they don't know/don't care about the law.

If they did list and I did sue, would I have to to go to that state to sue them? Should I not bother and just go with the SOL aspect and be done with it? Sorry this was so long.

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Does the OC have the right to forward my DV letter to the CA or give them ANY of my information? In the most recent letter it says that the CA owns my account, not the OC.

One more question: The FDCPA applies to OC's in California. The OC sent me two letters without any mention of WHO the CA is or where they're located. Is that a violation, or does that not apply here?

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Please critique my 3rd letter to the OC. I have already informed them about how FDCPA works in California, so I decided that if they want to know the ins-and-outs of the law, they can look it up themselves now.

Me

Scumbag Car Vultures

May 29, 2006

Re: Account BLAH

Dear Vulturette:

EDITED OUT :)

Sincerely,

Me

If anyone thinks I should change anything please let me know.

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Does the OC have the right to forward my DV letter to the CA or give them ANY of my information? In the most recent letter it says that the CA owns my account, not the OC.

One more question: The FDCPA applies to OC's in California. The OC sent me two letters without any mention of WHO the CA is or where they're located. Is that a violation, or does that not apply here?

*bump*

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Does the OC have the right to forward my DV letter to the CA or give them ANY of my information?

Yes, they can forward your information because it's in the course of collecting a debt they feel you owe.

One more question: The FDCPA applies to OC's in California. The OC sent me two letters without any mention of WHO the CA is or where they're located. Is that a violation, or does that not apply here?

Not a violation. There is no requirement under the FDCPA to notify you of who the CA is or where they are located, except by the CA itself.

One more thing: Expired SOL does NOT necessarily prohibit a CA from reporting a debt to a CRA. The 7.5 year reporting period as defined in the FCRA applies here, and this debt is definitely within that timeframe.

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I realize that, but I thought I would try the "collection activity on a time-barred debt is illegal in California" angle. It may not be cut-and dried, but... who knows. Thank you for answering my questions.

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