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Disputed with OC


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Question for the more experienced...

I have a TL on my CRA that is listed as charge-off with AMX. I have been arguing with AMX for over six years now on this account. They allowed unauthorized charges on the account which I immediately denied when they first appeared, but they would never do anything about them. Well anyway, I have recently learned the technique describe by here about disputing with the each CRA and which all came back verified. I then sent AMX a FACTA letter disputing the amounts approx. 50 days ago, they never responded. I have sent them a second CMRRR FACTA letter stating that they did not respond to my previous letter and that they were in violation of the FCRA 623 (B) and I expect an answer from them showing the exact details regarding my account history.

I guess my question is have they truly violated the FCRA 623 (B)? If so, what options would I have? Is this a clear violation?

Any knowledge on the subject would be appreciated...

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Yes they are in violation. This method rarely ever gets a deletion - at least not from what I've read on these boards. This method is a course of action that gives you the ammo you need to sue and win. I would try writing to the CEO if you're hesitant to sue.

Many people, including myself, research and read and execute the very detailed instructions only to find out that you have to sue. The thought of suing still intimidates me but these boards are inspiring and many people are successful. But, I may have to take the plunge and just do it if I ever want results for the work I've put into this process.

Good Luck and don't give up! :wink:

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It is a pain dealimg with an OC. I would take a collection agency to court in a minute (getting ready to sue arroe on many violations) but I have second thoughts about taking an OC to court. Besides, from what I read, you may be able to only get them on the one violation. I am going through the same thing with WFNNB. I even got the name and phone number of the manager. I sent her a certified letter, after sending two previous one's to WFNNB, have left her a few voicemails, and everytime I call her, she is unavailable. I have been unable to get a name of her manager. I feel like taking a trip out to OHIO where her office is based and giving her a beat down. I only want a respinse to my letter in writing. I am going to google and see if I can get a name of a higher up and in the mean time, I think I will fill out the police report and state that things may be fraudulent but I can't be sure. I think that if WFNNB had records to back things ups (lacct opened 1999, last activity in 2001), they would have done so by now. So, I will file the report, send to them and the CRA. That will give them another 30 days to prove things and then perhaps that way, if they do not validate, I can get a delete. I think there needs to be a sticky or a thread for dealing with OC's.

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I have found myself in a position where several of the OC and CRA have signed the green cards but are still not responding to my request. I'm sending out the 2nd DV request now. How do you go about proving to the Credit Bureaus that they have not responded to your request. Even if you have the green cards proving you sent the letters and they were signed for doesn't mean they didn't respond. Is that where you take the next step by sending an ITS letter?

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You're dealing with an Original Creditor (OC), not a CA. Not the same.

623(B) calls for reporter of information to investigate. Your OC, by verifying, has indicated to the CRA that this has been done. So, your dispute gets verified.

Your task is to prove to the OC that you don't owe them, not just keep saying that you don't.

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From the FTC website:

alleges that the company's telemarketers falsely represented that consumers would be obligated to pay for all unauthorized credit charges made against their accounts, when in reality U.S. consumers are only liable for $50 of such charges

I would do some further research regarding an OCs responsibility when the consumer claims there were unauthorized charges.....in my own research looking into the whole "factoring company" crap I remember running across some pretty stringent guidelines.

Hope this helps a little :)

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Here's some more, straight from the FTC website:

Lost or stolen credit cards: Under the FCBA, your liability for lost or stolen credit cards is limited to $50. If the loss involves only your credit card number (not the card itself), you have no liability for unauthorized use. It’s best to notify your card issuer promptly upon discovering the loss. Many companies have toll-free numbers and 24-hour service to deal with such emergencies. Always follow up with a letter and keep a copy for your records.

Billing errors: The FCBA’s settlement procedures apply to disputes about “billing errors” for open-end accounts, including unauthorized charges (you cannot be liable for more than $50 for unauthorized credit charges); charges for goods or services you didn’t accept or weren’t delivered as agreed; charges that are incorrectly identified or show the wrong amount or date; math errors; a failure to properly reflect payments or credits; not mailing or delivering credit billing statements to your current address, if the address was received by the creditor in writing at least 20 days before the billing period ended; and charges for which you request an explanation or documentation, because of a possible error.

To take advantage of the FCBA’s consumer protections for errors on your account, write to the creditor at the address given for “billing inquiries,” not the address for sending your payments. Include your name, address, account number and a description of the billing error. Send your letter so that it reaches the creditor within 60 days after the first bill containing the error was mailed to you. And if you send your letter by certified mail, return receipt requested, you’ll have proof that the creditor received it. Include copies (not originals) of sales slips or other documents that support your position. Keep a copy of your dispute letter.

The creditor must acknowledge your dispute in writing within 30 days after it is received, unless the problem is resolved within that period. The creditor must con-duct an investigation and either correct the mistake or explain why the bill is believed to be correct, within two billing cycles (but not more than 90 days), unless the creditor provides a permanent credit instead. You may withhold payment of the amount in dispute and any related finance charges and the creditor may not take any action to collect that amount during the dispute.

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You're dealing with an Original Creditor (OC), not a CA. Not the same.

623(B) calls for reporter of information to investigate. Your OC, by verifying, has indicated to the CRA that this has been done. So, your dispute gets verified.

Your task is to prove to the OC that you don't owe them, not just keep saying that you don't.

So I guess you have confused me now. How do I prove to the OC if they will not respond with what they claim I owe, I have no idea what the charges were or where they originated? I was under the impression if I disputed with the CRA's and it returned verified. I now was allowed under the new FACTA additions to dispute the debt directly with the OC and thereby they were required to either respond with a frivolous dispute response within 5 days, or respond with result of the investigation under the normal 30 day time period. Then if they do not respond, what I read on another post, appears that I should send the CRA's MOV letters to obtain evidence on what the OC is stating. So what I am trying to understand is if the OC does not respond to my disputes whatsoever they are in violation of the FCRA, correct? Regardless of the debt being x or y in value. Also this debt is far removed from the SOL, thus I would assume I would have a absolute defense against being counter sue for the debt if I go after them for the FCRA violation(s) if any exist?

Please any help from the gallery????

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  • 5 weeks later...

OK, after two letters to AMX demanding the information per the FACT act of the FCRA, AMX has responded but I am very confused. The Credit Bureau Unit has sent me a letter requesting my Social Security number. This confuses me because the letters I sent included all relevant information including the account number to the account that I am disputing???? Why would they want my Social Security number? The account itself would contain my SS # and therefore they would have it, correct???? Also they sent back the first page of my FACTA dispute stamped INCOMPLETE INFORMATION...

Here is the letter they sent me, anyone understand what they are doing???

Cards

American Express Cards

Credit Bureau Unit

PO Box 297871

Ft. Lauderdale, FL 33329

Dear Customer:

We are in receipt of your recent correspondence. In order to assist you, we need the following information:

_X_ Your Social Security Number

Your mailing address, no post office box number

The American Express 14-18-digit customer ID number provided by the Credit Bureau (Equifax, Experian, and/or Transunion)

The customer number provided is not a valid customer number. Please file a consumer dispute with one of the Credit Bureaus listed below

If you no longer have the 14-18-digit Customer ID number nor if the 14-18-digit Customer ID number is not listed on the Credit Report that was provided to you, please file a Consumer Dispute directly with the Credit Bureau listed below

The American Express Account that has been provided cannot be used as a personal credit reference. This is a business account and can only be used for Commercial Credit reference

Please provide the signed authorization of _____________________

_X_ OTHER: Please retura the requested information with the attached document_____07/24/06____________________________________

Sincerely, J. Hamilton

J. Hamilton

American Express Credit Bureau Unit

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