Jump to content

Disputing with OC (NOT reporting to CRA)


lolah
 Share

Recommended Posts

I have asked this question several times and have not received an answer. I am assuming because no one really knows. But, I'll try again.

I have 2 collection accounts who are collecting for an OC that is NOT reporting to the CRA's. The link above only covers the situation where the OC is reporting to the CRA.

I know I can request an investigation, but they don't have to investigate. I can't cite the FCRA - because they are not reporting anything.

I have DV'd both the CA's. One validated, but the account is not mine. The OC sent billing statements, but for a different name and address than what I lived at. The other did not respond. After further research, I found it's an attorney's office who also does collections. However, they verified with the CRA. :evil:

Any advice on how to proceed?

Link to comment
Share on other sites

If the OC has a CA collecting the debt, then the OC (99%) of time WON'T be collecting, therefore they won't be reporting to the CRA. That's the point of an OC selling a debt to a CA, they don't want to waist the time and resources necessary to collect debts.

For the 1st debt that you mentioned, since it's not yours, send the CA a letter saying something to the effect of .. "Your letter does not constitue validation. The person who is listed as owning this debt IS NOT me! My name is not _______, and I have never lived at the address of ________. During the month of _____ I disputed this account with the 'CRAs' and it came back as "Validated". You could not have legally validated a debt that by YOUR OWN LETTER you state belongs to someone other than myself. That is a violation FDCPA laws. Delete this account from my TU, EX, & EQ account within 5 business days of receiving this letter."

That's almost identical to the letter I sent MCM for the same exact reason. When they didn't reply in 5 days and it was still on my report, I went to the BBB, the FTC, and the AG. This Saturday I finally get a letter from them agreeing to delete, it took about a month of going back and forth.

As far as the 2nd CA, did you send the letter CMRRR? If so, when did they receive it? Write them another letter stating the date that they received the 1st letter, re-requesting the same info NOW since they "verified" then they obviously have something PROVING the debt is valid and lawfull..... Get where I'm goin????

Hope that helps a bit ...

Try that,

Link to comment
Share on other sites

I'm a little confused?:confused: If the debt is not reporting on your credit report, how can it be verified by the credit bureaus? :? You are correct in that they can't report it to the CRA's if they have not verified it with you first. ;)

The CA is reporting the debt - not the OC. One CA validated, and the OC sent billing statements for someone who is NOT me.

I want to dispute with the OC, but know they don't have to comply. So, without citing the FCRA, I don't really have a anything to back me up.

Link to comment
Share on other sites

I have asked this question several times and have not received an answer. I am assuming because no one really knows. But, I'll try again.

I have 2 collection accounts who are collecting for an OC that is NOT reporting to the CRA's. The link above only covers the situation where the OC is reporting to the CRA.

I know I can request an investigation, but they don't have to investigate. I can't cite the FCRA - because they are not reporting anything.

I have DV'd both the CA's. One validated, but the account is not mine. The OC sent billing statements, but for a different name and address than what I lived at. The other did not respond. After further research, I found it's an attorney's office who also does collections. However, they verified with the CRA. :evil:

Any advice on how to proceed?

Ok, just to clarify Lolah, they verified with the CRA's so they ARE reporting to CRA?

How did the CA validate?

I had a case where the CA validated a cable bill twice with the CRA's while ignoring my requests for DV's, when it clearly was not my debt. By the third time I called them knowing full well what my rights were and told them point blank they had 5 minutes to correct or I was on my way to the courthouse to file a lawsuit. I was totally serious too! You have to be with the intention to sue or ITS letters lose their power! They looked up the account on my credit report and low and behold it was for someone who had my name but an address I NEVER lived at. Not to mention I had not had cable for 8 years! They quickly apologized over and over again and corrected the problem immediately. I told them they just saved themselves from a lawsuit which, I would have won. Had they followed the law by validating they would have known the debt was NOT mine. I would DV CA again and let them know that they are in violation and ask for a name you can include in your lawsuit when you file it. The more you have to show their continued disregard for the law (willful noncompliance) the better your lawsuit if you have to take it that far.

Link to comment
Share on other sites

Ok, just to clarify Lolah, they verified with the CRA's so they ARE reporting to CRA?

The CA is reporting to the CRA's. The OC is NOT.

How did the CA validate?

The CA sent me a letter stating they had contacted the OC and to allow 3 weeks for investigation. Within that time period, the OC sent me billing statements that were not mine. I drafted a letter, but have not sent it because I was hoping for further guidance from someone who had been in a similar situation. Your description of the cable company is EXACTLY what I am going through.

So, my next question is: Should I handle this through the CA or the OC since I have had contact with both of them?

Link to comment
Share on other sites

MCM did the same thing to me! I handled it with NUTCASE emails & letters, BBB, FTC, and AG complaints. After a month , they finally deleted last week. Just STAY ON THEM!! And DONT assume that they know the laws, I've bluffed about 3 CA's into non-existance just by quoting specific laws that they were violating, or maybe they weren't! ;-)

Link to comment
Share on other sites

I would draft a letter to CA and copy OC, since the CA is reporting.

I would also let them know in the letter that the statements sent to you do NOT belong to you. You are not Ms. so & so. I would let them know that they are in violation of the FDCPA & the FCRA and if they do not get their records straight you will pursue your legal resources so the records are updated appropriately, even if that means involving your AG, their AG and the BBB! When you know they are in receipt of your letter, dispute again with the CRA and include this info and let them know you will include them in your fight to complete a proper investigation! Do not waver! This is why these laws have been put in place! Make them (CA, OC & CRA) accountable!

:goodluck:

Link to comment
Share on other sites

"...billing statements...for a different name and address..."

So this isn't yours? Then send ANYONE concerned the required documentation to claim ID Theft/Fraud and be done with it. The list of required docs is located in the FCRA at 1681c-2, subsection 605B. The definiition of, and reason for, a proper ID Theft report is found at 1681a, subsection 603(q).

There's no need for this stuff to be so convoluted. But you DO have to provide the docs that the law calls for.

Link to comment
Share on other sites

I would draft a letter to CA and copy OC, since the CA is reporting.

I would also let them know in the letter that the statements sent to you do NOT belong to you. You are not Ms. so & so. I would let them know that they are in violation of the FDCPA & the FCRA and if they do not get their records straight you will pursue your legal resources so the records are updated appropriately, even if that means involving your AG, their AG and the BBB! When you know they are in receipt of your letter, dispute again with the CRA and include this info and let them know you will include them in your fight to complete a proper investigation! Do not waver! This is why these laws have been put in place! Make them (CA, OC & CRA) accountable!

:goodluck:

Hey Musey,

Just to clarify - I don't think that copying an OC (original creditor) on a validation letter is worth doing. One of the screwed up things about this credit system of ours is that the OC is NOT responsible for how a CA (collection agency) reports.

Things are a little confusing regarding which statute these scumbags are violating...so let me try and reiterate.

You can only DV debt validate a CA, and if a CA continutes to report without proper debt validation, they are in violation of the FDCPA ONLY. They are in violation because they are technically continuing collection activity (reporting on your credit report) without proper validation.

To confuse things, you can cite FCRA violations from a CA IF you request an investigation per the FCRA § 623. (a)(8) ABILITY OF CONSUMER TO DISPUTE INFORMATION DIRECTLY WITH FURNISHER. However, you have to be careful with the wording in your request.

1. If you use the word validate in your request - you are citing your rights under the FDCPA.

2. If you use the word verify - you should be writing a letter to the credit bureaus.

3. If you use the word investigation you are requesting that they investigate a negative listing under FCRA § 623. (a)(8). You can request an investigation from either a CA or OC - IF they are reporting negative information on your credit report.

For more info on requesting an investigation: http://www.creditinfocenter.com/repair/DisputingWithOriginalCreditor.shtml.

Link to comment
Share on other sites

I've been reading many of your post's the last week or so and they all revolve around Identity Theft and Fraud.

If this is indeed the case your going down the wrong road to credit recovery. You need to start with the proper fraud, ID theft documentation and proceed down that road. It's clearly the fastest way to resolve your problem.

Link to comment
Share on other sites

If this is indeed the case your going down the wrong road to credit recovery. You need to start with the proper fraud, ID theft documentation and proceed down that road. It's clearly the fastest way to resolve your problem.

I have started the process, thanks. :)

Link to comment
Share on other sites

You can only DV debt validate a CA, and if a CA continutes to report without proper debt validation, they are in violation of the FDCPA ONLY. They are in violation because they are technically continuing collection activity (reporting on your credit report) without proper validation.

A little more clarification, please. I have read conflicting statments on the boards regarding this. Is this true even if the DV is untimely? Under the FDCPA, it is under "30 Day Validation Notice" which leads me to believe it only applies to timely DV's.

3. If you use the word investigation you are requesting that they investigate a negative listing under FCRA § 623. (a)(8). You can request an investigation from either a CA or OC - IF they are reporting negative information on your credit report.

Thanks for the clarification! Quick question: if you are requesting an investigation from the CA, does the same rule apply that you must have disputed with the CRA's first? Or is that only for OC's?

Link to comment
Share on other sites

A little more clarification, please. I have read conflicting statments on the boards regarding this. Is this true even if the DV is untimely? Under the FDCPA, it is under "30 Day Validation Notice" which leads me to believe it only applies to timely DV's.

An untimely DV requires no response whatsoever from the CA. However, an FCRA investigation request does.

Link to comment
Share on other sites

Under the FDCPA, it is under "30 Day Validation Notice" which leads me to believe it only applies to timely DV's.

If you do a debt validation, it is perfectly legal for the CA to completely ignore you - but they CANNOT continue collection activity if they don't validate.

Thanks for the clarification! Quick question: if you are requesting an investigation from the CA, does the same rule apply that you must have disputed with the CRA's first? Or is that only for OC's?

Dispute first.

The number one rule in credit repair is ALWAYS DISPUTE NEGATIVE ITEMS ON YOUR CREDIT REPORT BEFORE DOING ANYTHING ELSE.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.