musiqdefunk Posted December 31, 2007 Report Share Posted December 31, 2007 Ok, I have been around this forum for a about 5 months eventhough this is my second post, unfortanetly my first post did not get any replies so I hope I get a better response here. I got a letter from a collection agency named West Asset Management a few months ago, I DV'd them in a timely manner certified mail. No response, so I called them to see what was going on and they said to me, they were looking into it. I also got the name and time I spoke to this representative. During this time I also disputed it with Transunion which came back verified. I than sent another letter to West Asset Management to remove the account from Transunion. Again no response or any action was taken. So I called Transunion and got someone in India which did not help my case. I finally took all the letters and information about this account and mailed it certified to Transunion. I saw the investigation open and close in 3 days on their website. So I called Transunion again today and they said it was verified electronically from BoA. So I called BoA and asked about the situation they said they did recieve a dispute electronically, which they sent back that it was sold back in march to west asset management. So my concern is this, if BoA is saying they no longer own this account wouldn't they have to contact the CA. And not providing me information on this account through a DV not enough information to delete this account. What am I suppose to do next. Please Help! Link to comment Share on other sites More sharing options...
virginiabound Posted December 31, 2007 Report Share Posted December 31, 2007 I'm going to try and help you out here.First of all, rule number 1 is stay off the phone. You want to keep everything in writing so that you have a paper trail.It sounds like this account isn't that old if it was just sold to West Asset back in March.You did your timely DV and did not get a response, yet they verified with TU, that's a violation. Also, you live in a state where the law requires a CA to validate a debt event if it was sent untimely.You could keep sending them DV and having them not respond, and have them keep racking up the violations.You could also submit a complaint to the BBB. Link to comment Share on other sites More sharing options...
myscoresawful Posted December 31, 2007 Report Share Posted December 31, 2007 First of all, welcome to CIC!It sounds like you are going through the process in order.Ok, I have been around this forum for a about 5 months eventhough this is my second post, unfortanetly my first post did not get any replies so I hope I get a better response here. I got a letter from a collection agency named West Asset Management a few months ago, I DV'd them in a timely manner certified mail. No response, so I called them to see what was going on and they said to me, they were looking into it. Are they reporting it to your CR yet? If not, and they are not calling you and sending letters, then they are not in any violation that I can see. They don't have to validate, unless they want to continue collections on the debt. If they are reporting to the CRAs, and have not sent you anything to validate the debt, then that is a different story.I also got the name and time I spoke to this representative. During this time I also disputed it with Transunion which came back verified. I than sent another letter to West Asset Management to remove the account from Transunion. Again no response or any action was taken. So I called Transunion and got someone in India which did not help my case. I finally took all the letters and information about this account and mailed it certified to Transunion. I saw the investigation open and close in 3 days on their website. So I called Transunion again today and they said it was verified electronically from BoA. So I called BoA and asked about the situation they said they did recieve a dispute electronically, which they sent back that it was sold back in march to west asset management. So my concern is this, if BoA is saying they no longer own this account wouldn't they have to contact the CA. If BoA is the OC, and they sold the account, then it should show $0.00 amount on this TL on your CR. If this is the TL that you disputed with TU, then BoA *is* the data furnisher of that TL and *is* the one TU should contact for verification.And not providing me information on this account through a DV not enough information to delete this account. What am I suppose to do next. Please Help!Again, if the entry is with the OC, then the CA can't do anything about it.What is showing on your credit report? Are there 2 separate entries for this debt? (one from BoA and one from WAM?) Link to comment Share on other sites More sharing options...
myscoresawful Posted December 31, 2007 Report Share Posted December 31, 2007 I'm going to try and help you out here.First of all, rule number 1 is stay off the phone. You want to keep everything in writing so that you have a paper trail.It sounds like this account isn't that old if it was just sold to West Asset back in March.You did your timely DV and did not get a response, yet they verified with TU, that's a violation. Also, you live in a state where the law requires a CA to validate a debt event if it was sent untimely.You could keep sending them DV and having them not respond, and have them keep racking up the violations.You could also submit a complaint to the BBB.The way I am reading this, the CA did not verify anything with TU, the OC did, OC's do not fall under the same rules and do not have to "validate" Link to comment Share on other sites More sharing options...
musiqdefunk Posted December 31, 2007 Author Report Share Posted December 31, 2007 Well i guess it can be a little confusing, on my credit report it shows BoA not West Assett Management. TU has never contacted West Assett Management even though they are the ones that own the account now. BoA told me they sent verification that it was sold, but stating it was sold to someone else enough information to have it verified? Even when I sent the letters, I mentioned they no longer owned the account and that West Assest Management was the collector. thanks for the repsponse at least I know i am being heard or least asking the right question this time... Link to comment Share on other sites More sharing options...
myscoresawful Posted December 31, 2007 Report Share Posted December 31, 2007 Well i guess it can be a little confusing, on my credit report it shows BoA not West Assett Management. TU has never contacted West Assett Management even though they are the ones that own the account now. BoA told me they sent verification that it was sold, but stating it was sold to someone else enough information to have it verified? Even when I sent the letters, I mentioned they no longer owned the account and that West Assest Management was the collector. thanks for the repsponse at least I know i am being heard or least asking the right question this time...It can be really confusing, believe me!Any way, even if BoA sold your account so someone else, they are still in their right to report it to your CR for the 7.5 years from the DOFMD (Date of first major delinquency), It should show a zero balance though.I agree with Virginia that you should NEVER talk to a CA on the phone. The reason you have not received anything from WAM, might be because they don't have anything. I would leave WAM alone for the time being, now that you have DVd them in a timely manner, they can not begin reporting this to the CRAs without first providing you with validation. If they do report it without validating to you, *THEN* they would be in violation. Link to comment Share on other sites More sharing options...
musiqdefunk Posted December 31, 2007 Author Report Share Posted December 31, 2007 The tradeline shows zero, charged off as a bed debt and note: bought by another lender. I don't have any concerns with West Assest Management or BoA, my problem is with Transunion. After giving them the information that no one has been able to verify or validate the account. How does TU then state they have. Is getting BoA to say yes we sold the account good enough under Fair Credit Reporting Act 611(a)(7).Thanks for the quick responses it will help me alot... Does this mean I will not be able to delete this account = ( Link to comment Share on other sites More sharing options...
virginiabound Posted December 31, 2007 Report Share Posted December 31, 2007 I got a letter from a collection agency named West Asset Management a few months ago, I DV'd them in a timely manner certified mail. No response, so I called them to see what was going on and they said to me, they were looking into it. I also got the name and time I spoke to this representative. During this time I also disputed it with Transunion which came back verified. I than sent another letter to West Asset Management to remove the account from Transunion. Again no response or any action was taken.The way I am reading this, the CA did not verify anything with TU, the OC did, OC's do not fall under the same rules and do not have to "validate"Ah, my misunderstanding. From my initial reading, I was confused by the blue above. It looked to me as if WMA verified with TU. Link to comment Share on other sites More sharing options...
myscoresawful Posted December 31, 2007 Report Share Posted December 31, 2007 The tradeline shows zero, charged off as a bed debt and note: bought by another lender. I don't have any concerns with West Assest Management or BoA, my problem is with Transunion. After giving them the information that no one has been able to verify or validate the account.TU has only verified with BoA what is reporting on your credit report: o balance, transferred/sold. From what you've stated here, this sounds accurate. What did you use for your dispute with TU? "not mine"? If you want to work at getting this off your report, there are some steps that you can try, but if BoA can show that this is your account, and they don't want to remove it, then they don't have to. You could start by writing a letter to BoA and requesting an investigation of the account. They have to investigate it for you, but they don't have to verify anything......if this debt really isn't yours, then you could send them an intent to sue letter, but you need to be prepared to do just that. You would need to take them to court and then if they didn't show up or failed to prove to the judge that this is your account, then you could get it deleted, how ever, they probably can prove it's yours and you would be out of a lot of legal fees. If your request for investigation doesn't get it deleted, then you could try a GW letter. You should be very careful in your wording of these letters, BoA has nothing to gain by removing it since they have already sold the account How does TU then state they have. Is getting BoA to say yes we sold the account good enough under Fair Credit Reporting Act 611(a)(7).Thanks for the quick responses it will help me alot... Does this mean I will not be able to delete this account = (Again, if it is really your account, and BoA doesn't want to remove it, then it will probably stay with you for the legal amount of time, 7.5 years from DOFMD. Link to comment Share on other sites More sharing options...
myscoresawful Posted December 31, 2007 Report Share Posted December 31, 2007 Ah, my misunderstanding. From my initial reading, I was confused by the blue above. It looked to me as if WMA verified with TU.Me too! =) Link to comment Share on other sites More sharing options...
musiqdefunk Posted December 31, 2007 Author Report Share Posted December 31, 2007 okay well, I'll go that route cause the sad thing is, this is really not my account but my father's which I have his same name. (never name your kids the same name as yours) One last question what is a GW Letter thanks for everything.... I'll keep you guys posted on the results... Link to comment Share on other sites More sharing options...
brokeinok Posted December 31, 2007 Report Share Posted December 31, 2007 If it's not your account, but your father's then I would suggest writing a letter to BOA and explaining that they are reporting this account to the wrong credit file. Under the FCRA, you have a right to ask the data furnisher (BOA) to investigate the account. Be sure to mention that they need to verify whose SS# they are reporting under. Send it CMRRR, they have 30 days to respond or they are in violation. Read up on the sections of the main webpage titled "disputing with the original creditor".Depending on their response, there are several avenues you can pursue to get this removed if it truly isn't even your account. Link to comment Share on other sites More sharing options...
CloudX Posted January 3, 2008 Report Share Posted January 3, 2008 okay well, I'll go that route cause the sad thing is, this is really not my account but my father's which I have his same name. (never name your kids the same name as yours) One last question what is a GW Letter thanks for everything.... I'll keep you guys posted on the results...im guessing a good will letter.... Link to comment Share on other sites More sharing options...
Recommended Posts