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OC needs permission from JDB to send docs?


Justice4all
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I requested records from OC to verify disputed acct per FACTA after tradeline was verified with TU. I received a letter from them that says, JDB “declined to give us permission to provide you with account documentation.”

Can they do that? Is there caselaw that I can use in my response to them?

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Who cares. Send the OC a return letter CMRRR that says "I disputed this tradeline under FACTA. Your letter is evidence that you cannot and did not conduct an investigation into the accuracy and completeness of the tradeline you placed on my credit report, yet you verified it as complete and accurate. I am demanding that this unverifiable tradeline be deleted immediately, or I will be forced to file suit to protect my good name."

If they don't delete within 30 days, sue their buttocks.

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Thanks for your replies Willing & Dive.

The debt was allegedly charged-off and sold in 2002. The OC is WaMu. They claim they “thoroughly reviewed the account records and confirmed that no payment was received to settle the amount or pay in full.” The JDB is Palisades.

When I disputed the charge-off, not only did they verify, but they never indicated that the account info was disputed after I sent CMRRR letters per FACTA, which went ignored. I requested a reinvestigation to TU and they always verified – without the “dispute” notation.

In this letter, WaMu also says, when an accountholder disagrees with the information being furnished about an account, we send this information to the credit reporting agencies and it is placed into a “comments” section on the accountholder’s credit profile. Please note that information indicating an account is sold is placed into this same comments section; however, only one comment can exist in this section at a time with TransUnion.” - sounds like they’re trying to avoid liability for not notifying the CRAs that the account was disputed.

It looks like I may have to sue but I want to be able to show that I tried everything I possibly could before filing a lawsuit.

Should I respond with something like:

Your letter indicates that you “thoroughly reviewed the account records.” FACTA requires you to substantiate what you are reporting; therefore, please send a copy of the "records" that were “thoroughly reviewed.” There is no provision in the law that says Palisades must give you permission to provide me with account documentation. As long as you are reporting this account to the credit reporting agencies, you must account for the accuracy of what you are reporting no matter who currently owns this debt.

Should I change anything or add something? Any thoughts or comments are greatly appreciated. I honestly am flabbergasted that they think they can get away with this.

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