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DV success/violation?


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I sent a DV to Certegy on 03/06 and the received it per green card on 03/10. I received an activity alert from true credit saying that the account had been added to my EQ file on 3/10. I looked at my old report and Certegy had already reported it on 10/2005. I received a letter from Certegy dated 03/10 stating that they were replying to my letter and that they "offer the following assessment. CCS recently purged our files of claims that have been sold to an outside collection agency and the information you are referring to was part of that scenario. CCS is no longer holding this file for collection on the above referenced claim."

Ok, so it seems that they can not provide any documentation about the account and that so I have sent EQ a copy of that letter stating taht they are not able to verify the account and that I want it removed.

With that being said, it appears that Certegy reported updated infomation to the CRA on the day that they told me that they didn't have a file for me. Shouldn't the entry have been updated to "disputed" in the very least and isn't Certegy in violation for continuing collection actions while in dispute?

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I agree it is confusing. It is hard to tell what is activity crossing in the mail, how much is the left hand not knowing what the right is doing, and how much is some drone who messed up. Generally, CRA reporting takes a little time to update.

Why don't you call the CA and ask for clarification?

Personally, I would give it another couple of weeks to fall off the report.

But, if you want to sue for what might or might not be a violation, have at it. In my view, they basically said they were not going to respond to the DV since the account had been sold. I think the court would allow them a reasonable amount of time to change the tradeline on your report.

A better strategy might be a series of complaint letters. The FTC is beginning to put pressure on the industry to be more responsive to consumer complaints. Write complaints to the FTC, the AG of your state, the AG of their state, the BBB in their city, the Complaint Resolution Officer of the CA, the Complaint Resolution Officer of the ACA.

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I would keep a file (you probably already have one) of all the information. The prior credit report, the updated one, the green card showing same date etc. and I would contact the CRA and ask them to remove with return receipt.

If that wasn't done in 30 days, I would take all the information to an attorney who specializes in this and see what they say.

Yes, people make mistakes, yes, this could take some time, but when it comes to credit scores, your whole life revolves around it.

People may be judging you based on wrong information and these people seem to have a "oh well" type of attitude about it.

In everything else you are innocent unless proven guilty. It seems that with items on your credit report, you are guilty until you dispute it and make them follow the laws.

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I had an account with them. I had sent them a DV letter and disputed with EQ (because they seem to be the only one reporting the information) at the same time. Certegy sent me a letter saying that they could not prove to me about the check they cliam I had, so when I get my dispute results from EQ they where deleted... hope that work out for you.

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Well, I'm not sure what is going on. I just updated my report using TC and got an alert for a new account on EQ. It was the Certegy accounts again. They aren't new and as far as I can see they have not changed in teh reporting but something must have happened to trigger the alert. I disputed it with EQ sending them a copy of the letter I got from Certegy saying that they didn't have a file on me, maybe EQ just "verified" the account. I am still waiting for teh dispute results. I'm going to call EQ on Monday and see what they say.

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Well, they were able to verify the account at Certegy, it seems that my there was a $13 check written a couple of years ago...now it is at $160. Certegy no longer holds the account though, it has been transferred to Absolute Collections. I haven't heard from them yet so we'll see how that goes. I'm going to try to contact the OC and see if I can somehow pay it through them, I'm sure the answer will be no but maybe I can avoid these CRAZY fees.

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Civil penalties for a bad check are a function of state law. Here is what I was able to find for VA:

Virginia. Lesser of $100 or three times amount of check.

If it is yours, you should pay it but I would challenge the amount of the penalty. Make them explain how it was computed. If you disagree, I would file a complaint with the state AG and what ever agency is in charge of such things.

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  • 2 weeks later...

Well, kind of a weird update on this one. I never heard anything from Absolute about these accounts but I got a call from an "attorney's office" today in reference to them. I did speak with her because I was trying to figure out who they were and what they had to do with these accounts. It turns out that I had talked with ehr back in January before I decided to tackle my credit head on and before I had found this site. I asked her whom they were collecting for and she told me that they were working on behalf of Certegy. I then told her that Certegy supposedly sold the debt to Absolute and she said that she didn't know anything about that but that she had "just returned from sick leave" and that the account was still in her list. She said that they also represent Absolute but that this account was definitely still with Certegy.

After Certegy sent me the letter saying that they no longer held my file as it was "purged" I sent a letter requesting that they delete the entry from my credit report as they no longer have any "file" on me. I received a letter stating that they still had information pertinent to verification and that they were bound by their policies to report accurate information so they would not delete the entry. Over the last few weeks I kept getting TC update alerts in reference to this account. It kept coming up as "new account" on the alerts but I never saw a change on my reports. I'm not sure what to do at this point. I think I will write a letter to Certegy clarifying who actually owns this account and I still want there method of calculations for the fees involved. It all seems kind of weird to me though.

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From what I understand, when it comes to bad checks being written, there are state laws that regulate what can and cant be charged for them. If it is only three times the amount of the check (39 bucks?) then just pay it and try to get a PFD. Some states treat bad checks as a criminal offense, so you might want to check and see if no criminal action has been taken as well.

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Well, when I was on the phone with the lady I asked her what the fees were and she broke them down like this:

$13.50 for the Check amount

$25.00 X 2 for return fee

and $59.00 for the "State Penalty"

When they calculate the penalty they are including the NSF fees ($50) in the potential maximum amount allowable. I'm going to try to read through the legalize and see if it included NSF or not.

There's no way around it, it is my debt and I have to pay it. I'm just trying to do it in the proper way with minimal impact to my CR. Thanks for all the help everyone.

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I received a letter from Debt Recovery Management today in regard to thsi account. Evidently they, Absolute, and this lawyers office are all one and the same or close to it. The bill shows a different amount now, its shows the original check amount of $13.47 as well as a $35 NSF fee giving a total due of $48.47. I like that idea even better than the last. It's also not reporting on my CR's for Absolute or any other name except for the original CA. I think that I am going to send them payment ASAP before they do report it.

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  • 3 weeks later...

Well, another strange one in my opinion. I was reviewing my CR's to see what my next step may be and I noticed that the Certegy listing for a returned check is listed under credit accounts rather than under collection accounts. There is no TL but it is listed as if it is a CC or other such credit account. I decided that I would call EQ to see what they said by telephone. It took a few minutes for the woman I spoke with to understand me as there was an apparent language barrier and she kept having to put me on hold. She kept getting back on the line and telling me that the original account would "naturally" list as a credit account and that if and when it was turned over to a collection agency it would then also list under collection accounts. I told her that it was already a collection account yet it was listed as a credit account. Long story short, I finally convinced her that collection agencies typically did not grant lines of credit and she is "starting a new dispute."

The really weird thing was that somewhere around the third or fourth time she put me on hold I started getting that you are being recorded beep every few seconds. I'm not sure if she was just started recording the call so that the translator (no offense intended, I am being serious) could listen to it if she had problems or if there was some Big Brother type of thing going on there. Just thought it was interesting.

Does anyone know if this is a legitimate grounds for deletion (collection account being listed as credit account)?

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  • 4 weeks later...
  • 1 month later...

I'm having the same problem with Certegy. They simply updated the false tradeline (they're a CA not a creditor) as having been transferred/sold, but they refuse to remove it.

So, I'm in the process for writing their General Counsel, filing a FTC complaint, filing a complaint with the BBB of West Florida, the Consumer Protection Agency of Pinellas County, and anyone else I can think of to get rid of these creeps. They are in violation of several FCRA & FDCPA statutes and they know it.

Does your account show lates as well?

Hey, if all of us that are having this problem we should hit these 3rd parties together and maybe we can get this people off our reports.

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  • 2 weeks later...

Yeah, mine shows a couple of lates on each as well. I just sent an ITS letter to Equifax becuase I have written out my request for investigation very thoroughly three times and they only investigate it as "not mine" rather than the other areas I pointed out. I called and spoke with an EQ rep and she specifically told me that teh last investigation was just run on the "not mine" claim. It went out today so we'll see.

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