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OC Just Hung Themselves and I love it


InsideTexas
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Reply to my Dispute with OC letter:

"Dear Inside Texas,

I am sorry for any inconvenience you have experience due to your Express credit rating...blah blah blah

I am unable to provide you with your original application as it is no longer available. I am UNWILLING to provide you with copies of your account statements. (summary fom here on) we gave these to you at the time you were originally billed.

I am unable to provide you with every sales draft because they are unavailable."

Funny. I got money that says they don't have them.

SO, I already sent the CRA's a copy of my CR's where this company is reporting different delinquency dates. Do I send this letter to the CRA's, or tell teh OC if they can not prove this, then I'm suing since they are constantly verifying my disputes?

This account is still open and paid if that makes a difference. I still don't want those lates on there though.

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Used the one on this site as a template of sorts, but crafted my own. Disputed the lates and then used 'account not mine.'

Send them. So far, I have two OC's that refused to give me proof of anything, not that they have to, but I caught them verifying the late disputes. Now, since this OC says they don't have paperwork detailing this account is actually mine, I can get them on that. It's an open CC with a $0 balance, but small credit line. I really wouldn't care if they took it off my report alltogether.

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So far, I have two OC's that refused to give me proof of anything, not that they have to.

That's not quite true! Because you live in Texas, the TDCA kicks in and the OC needs to know that if you request it (timely not being a condition), he is obligated by law to provide you with proof. It also stipulates that CRAs must accept proof from the debtor. That being said, I would send the intel that you have

Credit Bureau

Address

City, State, Zip

To Whom It May Concern:

This is a request for deletion of a disputed item. I have attempted to have this debt verified by the alleged creditor to no avail. I am respectfully requesting that TransUnion do what is legally mandated by the FCRA, FDCPA and TDCA, and delete the account listing.

The debt in question is as follows:

Replace with the OC's Name and acccount XXXXXXXXX

On January 8th 2007, OC's Name received a demand for validation from me. Attached is a copy of that letter.

On February 21st 2007, I sent a second letter, this time certified mail, return receipt requested. Attached is a copy of that letter along with the U.S. Post Office return receipt showing they did indeed receive the request. Again, as of today, March 25, 2007, they have failed to provide any proof or respond in any way.

The FDCPA states they must cease collection activity until they have produced verification of the alleged debt if so requested. As per the FTC, this includes reporting to the credit bureaus, which they obviously have done illegally on 03/06/2007. It is quite evident that no such proof of this alleged debt even exist as you can clearly see in the attached documents from the creditor.

As per the FCRA, if no proof of debt exists, it may not be reported to the credit reporting bureaus. The FCRA also states that the credit reporting agencies must accept written proof from the debtor.

Also the Texas Debit Collection Act Sec.392.202 is quite specific on how Credit Reporting Agencies are to handle the request of debtors.

Therefore, I am not asking for an investigation to be done, I am requesting that the entry be deleted in its' entirety as there is no proof of its' existence as evidenced by my attached documented proof.

Sincerely,

My Name

My Address

City, State Zip

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Used the one on this site as a template of sorts, but crafted my own. Disputed the lates and then used 'account not mine.'

Send them. So far, I have two OC's that refused to give me proof of anything, not that they have to, but I caught them verifying the late disputes. Now, since this OC says they don't have paperwork detailing this account is actually mine, I can get them on that. It's an open CC with a $0 balance, but small credit line. I really wouldn't care if they took it off my report alltogether.

Would you mind posting your letter (of course all info deleted)? Did you cite all those sections, etc or was it just to the point?

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The laws are different in Texas. Consumer protection is very strong and The OC as well as the CA are both obligated to provide proof to validate what ever particular is being disputed. If they can't prove it, which in "Inside Texas" case(the OC states up front that they can't), they can't report it.

This may also help.

Texas Regulation of Consumer Reporting Act

Business & Commerce Code Chapter 20 Sec.20.06 (d)

(d) If disputed information is found to be inaccurate or cannot be verified after a reinvestigation under Subsection (a), the consumer reporting agency, unless otherwise directed by the consumer, shall promptly delete the information from the consumer's file, revise the consumer file, and provide the revised consumer report to the consumer and to each person who requested the consumer report within the preceding six months. The consumer reporting agency may not report the inaccurate or unverified information in subsequent reports.

Notice that it states, "UNLESS OTHERWISE DIRECTED BY THE CONSUMER"

Hope this helps

d

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Also, notice it states: "If disputed information is found to be inaccurate or cannot be verified after a reinvestigation under Subsection (a)"

During the investigation, the OC found the information to be accurate, so the rest of the statute does not apply.

Also, further in the statute it DOES state what must be included in the reply to the investigation request: "(f) A consumer reporting agency shall provide written notice of the results of a reinvestigation or reinsertion made under this section not later than the fifth business day after the date on which the reinvestigation or reinsertion has been completed. The notice must include:

(1) a statement that the reinvestigation is complete;

(2) a statement of the determination made by the agency on the completeness or accuracy of the disputed information;...

It does not say they have to give copies of old bills, or any other proof. Only that they state the results of their investigation.

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The laws are different in Texas. Consumer protection is very strong and The OC as well as the CA are both obligated to provide proof to validate what ever particular is being disputed. If they can't prove it, which in "Inside Texas" case(the OC states up front that they can't), they can't report it.

This may also help.

Texas Regulation of Consumer Reporting Act

Business & Commerce Code Chapter 20 Sec.20.06 (d)

(d) If disputed information is found to be inaccurate or cannot be verified after a reinvestigation under Subsection (a), the consumer reporting agency, unless otherwise directed by the consumer, shall promptly delete the information from the consumer's file, revise the consumer file, and provide the revised consumer report to the consumer and to each person who requested the consumer report within the preceding six months. The consumer reporting agency may not report the inaccurate or unverified information in subsequent reports.

Notice that it states, "UNLESS OTHERWISE DIRECTED BY THE CONSUMER"

Hope this helps

d

What about in California? Where do I find the laws for Cali? Just trying to see what they are required to send.

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Mine went a little something like this:

Dear OC,

I noticed that you are reporting negative information ona current account I have with you. I am very concerned as this is hurting my credit rating. Per the FCRA you are required to report this information accurately, and I do not believe you are doing so.

Because you obvioulsy have verified this information with the credit bureau's when I disputed it, you must have SOME sort of information proving this. Therefore, I am demanding you send me proof of my late payments, and alert the credit bureau's that I am disputing this account.

You have 30 days upon receipt of this letter to respond to my dispute and to show me proof of these delinquencies, or I will be forced to persue further action.

Sincerely,

Inside Texas

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Just an update...caught the OC changing delinquency dates to match after I disputed that they didn't in a letter to them. They just hung themselves further as I disputed prior to this, and they verified them as being accurate (reporting different dates on delinquencies.)

They really are screwing themselves over.

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  • 2 weeks later...

Check this out and scroll down to:

§ Section 623. (a)(8) ABILITY OF CONSUMER TO DISPUTE INFORMATION DIRECTLY WITH FURNISHER- I used this for my Capital One dispute. I used it when the OC was reporting and it kept coming back verified by all CRA's. Tried requesting MOV's which of course were never responded to. When Capital One got my letter stating "New FACTA" they did repond but of course they were not able to produce what they were arguing which is why they are no longer reporting the fake account they created to transfer an old charge-off debt from an old account all without my knowledge. This combined with a little help from my state AG successfully got them off my reports! :)

http://creditinfocenter.com/forms/sampleletter17.shtml

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Check this out and scroll down to:

§ Section 623. (a)(8) ABILITY OF CONSUMER TO DISPUTE INFORMATION DIRECTLY WITH FURNISHER- I used this for my Capital One dispute. I used it when the OC was reporting and it kept coming back verified by all CRA's. Tried requesting MOV's which of course were never responded to. When Capital One got my letter stating "New FACTA" they did repond but of course they were not able to produce what they were arguing which is why they are no longer reporting the fake account they created to transfer an old charge-off debt from an old account all without my knowledge. This combined with a little help from my state AG successfully got them off my reports! :)

http://creditinfocenter.com/forms/sampleletter17.shtml

What were they reporting that you disputed? I have a Crap 1 that I want to get off but not sure if they keep good records or not. I thought about doing this same letter to. Any advice and/or help would be appreciated.

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Basically capital one opened a new account and transfered old debt from charged off card without my authorization. Never saw card, statements, nothing. I had no idea it even existed until I pulled reports. I used FACTA to ask Capital One to send me all the history they had on this "fake" account. They kept sending me history from the original account but never anything on this other card. I remember a woman saying, maam there is no payment history on this account! I said "That's right, because I did not open another account!" Not to mention the only balance on this card was the balance from the original charged off card. I asked "Who opened this account!" They kept saying, "Maam, you did!" XhairX I kept saying "Prove it!" Well they could not but would not budge. Except EQ, I told them I was planning to sue and I would be more than happy to include them in the suit, in which I would cite, fraud, deceptive and illegal practices. They quickly deleted. :lol: That's when I wrote to my AG, their AG, Federal Bank Reserve, etc. Anyway, I will help in anyway I can. I'll try sending you my posts regarding this ordeal.

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