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CA hasn't reported yet


kuzzu25
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Although I've been contacted by a CA, only the OC listing shows up on my credit reports. I have successfully gotten it removed from one of the three, but the other two verified. I was threatened with being sued by the CA, so I sent a verification letter to the CA, and haven't heard from them since. I am about to send a follow up letter, as it has been at least 30 days with no response. Now my question is this: what kind of pull do I have with them since this is not even reported on any of my reports? I can't get the OC listing removed until I take care of the CA, so I'm kind of stuck here. Any suggestions?

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Although I've been contacted by a CA, only the OC listing shows up on my credit reports. I have successfully gotten it removed from one of the three, but the other two verified. I was threatened with being sued by the CA, so I sent a verification letter to the CA, and haven't heard from them since. I am about to send a follow up letter, as it has been at least 30 days with no response. Now my question is this: what kind of pull do I have with them since this is not even reported on any of my reports? I can't get the OC listing removed until I take care of the CA, so I'm kind of stuck here. Any suggestions?

Since you are in TX, they are required to respond to ALL dv's regardless of if they are timely or not. Was the initial response a timely DV and how old is the collection?

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I haven't gotten a response from my original DV letter. The account was closed with the OC in 2005. They allowed charges to go through on the account after it was closed. I called them 3 months after I closed the account to tell them (when I received a bill) and they said they would take care of it. I pulled up my CR last year and saw nothing unusual, then pulled it up this year and saw it was a charge off from the OC. There is no listing for a CA, but when I called the OC I was refered to the CA. That is how they found me (I contacted them). I was told by the CA that they were in the process of suing me, so I sent the DV letter (about a month ago) and have heard nothing from them. I can't threaten them to take it off my CR since it's not there, and the OC has charged it off so they don't want to deal with me either. I'm just not sure where to go from here.

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I have ignored every single collection letter I have ever received. A CA has NEVER reported on my CR. They have done a few soft pulls but never bothered to report. I suspect this is because I did not have any open TL's. Now that things are getting better I am expecting to see some activity. The SOL is close to being up on many of them anyway.

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so my best course of action is dispute with the OC until it shows up from a CA? I actually sent out a letter asking for an investigation to the OC at the same time I sent my DV letter to the CA. Funny thing is neither has responded, and it has now been 30 days (today). Now I can threaten the OC and the CA that they are in violation for not responding within 30 days correct? My letter of request for investigation was short and to the point, but regardless, I have not heard anything back from them. I'm going to check when they actually signed for the letter, but I sent it August 21st. I tweeked the form letter and have prepared the following response: (any suggestions are appreciated)

To Whom It May Concern:

I recently pulled my credit report from Experian and TransUnion and to my amazement, saw that you have reported this debt as a charge-off in September 2006. I immediately disputed this information with Experian and TransUnion and the results of the investigation came back "verified". This account was closed in August of 2005, in good standing. I received a bill in October 2005 with charges incurred after the account was closed. I was assured by the representative I spoke with that this would be taken care of and that I was not responsible for charges made after I closed the account. I was told by your representative that you did, in fact have a date of August 16, 2005 as the date the account was closed, which was also recently verified in another phone call. I have enclosed documentation I received from your company verifying that the account was closed. According to the FCRA, as amended by the FACTA act, you are required to notify me of the insertion of negative listings, which was never done.

Since I have disputed the listing with the credit bureaus, and you obviously "verified" them, I am very curious as to what kinds of "records" you may have for this alleged account. Under the new FACTA laws, you are required to conduct an investigation on this account, and I requested that you investigate in a letter that was sent to you on August 21, 2007. I am reprinting the legal text from the FCRA for your legal staff.

( FCRA QUOTE)

You might be aware that you are required to complete an investigation and respond to the request with the results of that investigation within 30 days. I have included a copy of the original request letter and the verification that it was received by a representative of your company. You have failed to present me with results of that investigation within 30 days and I can now seek legal action under § FCRA 623 (B) for violations of the FCRA since you did not comply and respond to me with the results of the investigation within 30 days.

In order to clear up this matter, I would like to see a payment history from your company showing that charges were incurred, and were not paid in full, while the account was open. If you don't respond with the results of the investigation (as is required per the FCRA), I will assume you have no documentation and therefore you were negligent in providing the credit bureaus with accurate information. At this point, you are already in violation of the FCRA merely for not responding within the 30-day period.

To avoid a lawsuit, I request that you remove the “charged off as bad debt” and late payments from my credit report. Though I am entitled to $10,000, $1000 for each violation (one for each inaccurate late payment on my account for each credit bureau), I will take $1000. Please correct this listing to "paid as agreed - never late", and remove all lates for April 2006-August 2006, as well as the charge-off from September 2006-January 2007 or I will be forced to seek legal action.

Sincerely,

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