Are OC's REALLY this stupid?

[InsideTexas]

Been dealing with an OC refusing to provide me evidence I was ever late on payments to their company. They were forever losing my checks, not posting them correctly (on the date I paid them) etc.

SO they are reporting that to the CRA's. Not only that, but they are reporting different dates on all three of them.

I let the CRA's know as much, and managed to get the TL deleted off all but one.

Now, I'm working on the last one. I've been getting letters from them, and finally said provide me evidence or I'm going to sue you under Texas law.

That got their attention. However, what do they send me? An excel spreadsheet with numbers and dates on it. Not on company letterhead, nothing with my name or account number at the top, nada. I think it's hilarious. I'm sending them an excel sheet back with payment information and all dates paid on the due date and see what they think of that. Tell them they have another ten days to show me some sort of printout or receipts showing I paid them late.

[MadinKS]

I've always wanted to take a picture of handcuffs and send them to a CA along w/a caption about the violations they commit. Probably wouldn't go over well though. I can fantasize though. Good luck.

[direred]

Yep, they really are.

[SecretAgentWoman]

That got their attention. However, what do they send me? An excel spreadsheet with numbers and dates on it. Not on company letterhead, nothing with my name or account number at the top, nada. I think it's hilarious. I'm sending them an excel sheet back with payment information and all dates paid on the due date and see what they think of that. Tell them they have another ten days to show me some sort of printout or receipts showing I paid them late.

Hahahaha...I love it! I think I'm going to send a statement to CAs "I don't owe sh*t on this account" on fancy, personal letterhead the next time they send me a statement on their letterhead for "validation."

[someonesomewhere]

they are reporting different dates on all three of them.

Well, they certainly are in violation on that issue, but I would not tell them about it. Print a hardcopy, file it, and watch for any updates to see whether they fix it. If they update without fixing the dates, print another hardcopy. Show a pattern of them updating the information with the CRAs, but not correcting their mistake.

However, what do they send me? An excel spreadsheet with numbers and dates on it.

Dig thru the late payments they are claiming. Look for one where they deposited the check on time. If it's fairly recent, you can probably get a printout from your bank, perhaps even entirely online, of the canceled check showing the date it cleared. Keep it, but don't tell them about it. They could always just delete that one late payment from their spreadsheet. If you can find multiples where they reported it late, but you have canceled checks showing it was not, that's just more violation gravy.

[InsideTexas]

Just an update:

after nasty letters to them, then them trying to 'verify' payments using an Excel sheet (that was different than what they were reporting LMAO) Deleted from all three major. Two already took it off, now I have the letter from them for the third.

Yee-haw!

[someonesomewhere]

Congrats!

A wise person once said, "You can get more accomplished with a kind word and a 2x4 than with a kind word alone."

[InsideTexas]

$100 in postage (almost anyhow) and the only things left are two CO's that I'm negotiating with and two TL's with 1x 30 day lates that SHOULD be coming off because they are idiots as well. Everything else is on it's way off now per letters from companies etc.

Charge off's should be PFD's (cross fingers).

[InsideTexas]

Just a note: to any that would like to see the copies of letters I sent to the OC's, PM me, post, whatever. I'll edit out my info. They aren't form letters. You can use what you want and make them fit your situation, but I'd just use them as a guide as to how stern you may need to get...I had to get down and dirty with these morons.

Here's the last one I sent, after having sent 4 prior. This was the final straw for me, and my 2x4 per se. I had been nice and gave them a chance to fix all of them to the correct delinquencies, but they didn't. Then tried to get cute with an Excel sheet. I'm sure they are pissed about the FTC and AG stuff. Not that I care

Ms. Blah blah

As thankful as I am that you contacted me regarding this account, I’m sorry to say what you provided me as proof of my payments is almost laughable. You also dug the hole for your company even deeper with the excel sheet you made up. It furthers my case against Idiot Inc. as I will soon explain.

If you can not even spell my name correctly, I do not see how you expect any sort of judge to see your side of the story in court and you must have the wrong person if you say I am the person labeled on the top of the page. Nor do I expect the court to even begin to take you seriously since the second line reads exactly: “Contract wriiten September 19, 20045th.” Was that 2004 or 2005? What contract?

Ms. Blah Blah, were you aware that Idiot Inc. was reporting due dates that were different on ALL THREE bureaus? Not one was similar to another. YOUR COMPANY VERIFIED THEM AS BEING CORRECT. Now that you have sent me your excel sheet, I have honest proof you are not reporting correctly since what you have in your computer varies WILDLY from what your company was, and is still, reporting to the three major credit bureau’s. AND, since your company has verified the INACCURATE information at LEAST two times with each bureau, if I catch anyone trying to change it or re-inserting any tradeline to make it “match”, I will not be kind enough to ask you to take anything off: I’ll just sue your company for every possible violation I can find on top of punitive damages in and any actual damages I incur. I have all the proof I need to prove you HAVE WILLFULLY VIOLATED FEDERAL AND STATE LAWS. I have copies of other letters I have received as well, which violate a Texas statute that mandates you provide me with sufficient evidence of any late payments. I’m telling you what you sent me not only is insufficient (it wasn’t even on company letterhead) it is pitiful, totally wrong and has proven your company to have willfully violated sections of the FCRA and Texas Finance Code.

Now, for the FINAL time I’m no longer asking you, but DEMANDING that you delete the all tradelines from my credit reports. I already have the paperwork filled out to go to district court over the matter and a long laundry list of state violations I will be suing over. I will retain a NACA lawyer to pursue the federal violations.

I will also be forwarding this information to the Federal Trade Commission and the Attorney General for the State of Texas. This is a violation of consumer law and Idiot Inc. has violated more than one state and federal law thus far. I believe that Idiot Inc. needs to be held accountable for these and any other violations they have made against other consumers. As an employee in the credit division of Idiot Inc. I’m going to assume you know the cost to the company of each violation on a credit report; both with federal and state laws. I’m confident that Idiot Inc. would rather not have to pay those fines and furthermore be called out on poor business practices.

I’d rather settle this matter outside a courtroom however, I am prepared to take it as far as federal court should I have to. This is poisoning my credit report, and I have plenty of proof that it is WRONG. Since your company can’t seem to report it accurately I’m demanding that you remove it immediately. You have five days upon receipt to comply with this request. That is plenty of time to fax a letter to the credit bureaus to remove this tradeline. You may call me on my cell phone upon performing the above function: 555-555-5555 Your call will be recorded.

[redbank]

hehehe! that was nice to see!

I wouldn't mind taking a look at your other letters. Are they as amusing as this one?

[InsideTexas]

some of them Here's the one I forgot to send to WFNNB

"This is my letter of intent to sue your company for violations of the FCRA Section 623 and the Texas Finance Code.

Per the FCRA, you are required to furnish accurate and correct information to the credit bureaus. I disputed this account as the delinquency reporting dates were incorrect and not being reported accurately. You have verified them to be correct more than once. Now, after sending a letter to the bureau’s stating they were inaccurate, you have tried to fix them to match. I thought that was cute. I have a monitoring service that alerted me to this. This is after you verified them as being correct when I initially disputed with the credit bureau’s. Getting around Federal Law does not bode well with judges as far as I know.

blah blah

You have 5 business days upon receipt of this letter to contact me to settle this matter. After those five days have expired, I will no longer be willing to discuss this outside of a courtroom, and will pursue the entire amount of the lawsuits. Priority and overnighted mail will get to me within that time frame. It is definitely cheaper than paying me thousands of dollars when I sue you."

Most of them go something like that after the initial letter back from the OC. It tends to piss me off when they use words such as "I'm sorry...I refuse...I'm not willing...etc." in their letters to me.

[DMGacs]

Very nice I sure could use some sample letters. I have been fighting Discover for 4 years now about unauthorized charges. My original account balance was 700, with fraudulent charges it was 1200 total with 500 disputed. They state they verified them and do not have to prove anything to me. Since then my account has more then fifthrupled (if that is a word) to $6500~ and they are trying to settle with me for $2800. They had Eskano's and Adler call me last year to sue me. I told them the facts and they never called me again. However after multiple letters, better business bureau and phone calls. Discover still elects to do nothing.......... Sad thing is I have two credit cards with them and the other has absolutely flawless payments since 1999 and they still do nothing....

I definately need a 2x4 for these guys

[InsideTexas]

Why didn't you ever file a police report? That would have been my first thing. If you did: send them a copy telling them look, it wasn't me, FOAD.

If they refuse, send it to the CRA's telling THEM to take it off. They hold that power That's who I go to first when an OC is whining like a little you know what.

If you didn't, call up ID Fraud dept. there and talk to them instead. My letters are usually backed by some sort of documentation. If you want them to send you some, check and see if state laws force them to prove it. They usually hold more teeth here in Texas than the FCRA and FDCPA in some cases.

[MustangAl67]

Great letter Tex- Let us know how it turns out. I am glad you gave the 5 day deadline, that way we know the outcome quicker. I am in the same boat as you with the same company.

I don't think I specifically disputed the fact they were reporting different dates to different CRA's. Should this matter?

[zowie]

The incorrect dates do matter because if they are reporting incorrectly, wrong dates, DOLA, anything, it is technically not yours therefore they should delete.

[MadinKS]

I don't think I specifically disputed the fact they were reporting different dates to different CRA's. Should this matter?

Yes it does matter. The FCRA specifically says they are required to report accurate information. If TU says it's 30 days late in Aug, but EX says it's late in Sep, how accurate is that? It's not, and it is required by Federal law to be reported accurately. Definitely dispute this if that's what you see happening.

[Darph Bobo]

Yes it does matter. The FCRA specifically says they are required to report accurate information. If TU says it's 30 days late in Aug, but EX says it's late in Sep, how accurate is that? It's not, and it is required by Federal law to be reported accurately. Definitely dispute this if that's what you see happening.

I actually have something like this with an OC showing 30 day lates differently to the 3 bureaus. It seemed to me that if I disputed that, they would simply fix them and I would still have the lates on there.

[MadinKS]

Most of them don't fix, they just verify. Dispute the payment history first. Then, if they verify, and don't change the inaccuracies, you re-dispute the lates. If they fix them, they have already violated by verifying the payment history as accurate earlier. If that's the case, send a letter to the OC informing them of the prior violation and ask them to remove them completely. You have proof of the violation in your previous CR's. Tell them you can't just go back and correct it. The damage has been done.

[InsideTexas]

Let them verify twice. Don't send anything showing proof to the CRA's just yet. I did that and now the OC changed it to match. Again, let them verify it twice. Then send a letter saying they have. Watch to see if they reinsert. If they do, nail their butts for FCRA violations because they already verified twice.

At THAT point, send a letter telling them as much and let them know that they need to remove it NOW. See above and tell them if they try to be cute and change anything, you won't be nice but will just go to court and sue them. List violations. There was a laundry list of them for mine. Make up a number for punitive damages. Throw that on there. Tell them you are currently retaining a NACA lawyer, then start the search and tell one to be on the lookout. File with the BBB. Send a complaint online to the FTC and AG for your state. Include copies of the complaints in your letter. Overwhelm them with stuff. It really does work. They'd rather not deal with it, or at least in my case they wouldn't because I had PROOF they were wrong. They know what the laws and fines are.

Be a major b*tch to them. Honestly: I was treated like I didn't matter with this furniture store, and now WFNNB. I took my 2x4 with me and beat them down.

BTW, WFNNB said that the CRA's change the info on the reports LMAO. They are getting a faxed copy of a district court suit next week. I'm too busy with tests and papers to do it today.

[MustangAl67]

Yes it does matter. The FCRA specifically says they are required to report accurate information. If TU says it's 30 days late in Aug, but EX says it's late in Sep, how accurate is that? It's not, and it is required by Federal law to be reported accurately. Definitely dispute this if that's what you see happening.

I just disputed "never late" and when it was verified I sent a letter to the OC. So if they just change the dates, I may be out of luck.

[MadinKS]

I just disputed "never late" and when it was verified I sent a letter to the OC. So if they just change the dates, I may be out of luck.

No, not if you have the copy of your CR showing they changed it. Did you give them specifics? Why would you be out of luck?

[MustangAl67]

Because I disputed as never 30 days late, I should have disputed the payment history. No?

[MustangAl67]

some of them Here's the one I forgot to send to WFNNB

"This is my letter of intent to sue your company for violations of the FCRA Section 623 and the Texas Finance Code.

Per the FCRA, you are required to furnish accurate and correct information to the credit bureaus. I disputed this account as the delinquency reporting dates were incorrect and not being reported accurately. You have verified them to be correct more than once. Now, after sending a letter to the bureau’s stating they were inaccurate, you have tried to fix them to match. I thought that was cute. I have a monitoring service that alerted me to this. This is after you verified them as being correct when I initially disputed with the credit bureau’s. Getting around Federal Law does not bode well with judges as far as I know.

blah blah

You have 5 business days upon receipt of this letter to contact me to settle this matter. After those five days have expired, I will no longer be willing to discuss this outside of a courtroom, and will pursue the entire amount of the lawsuits. Priority and overnighted mail will get to me within that time frame. It is definitely cheaper than paying me thousands of dollars when I sue you."

Most of them go something like that after the initial letter back from the OC. It tends to piss me off when they use words such as "I'm sorry...I refuse...I'm not willing...etc." in their letters to me.

Any update Tex?