Fairy Enchantress Posted April 19, 2008 Report Share Posted April 19, 2008 What was your angle?Sent DVL's not timely, obviously they didn't respond and don't have to.So I was about to send them a letter § 623. (a)(8) ABILITY OF CONSUMER TO DISPUTE INFORMATION DIRECTLY WITH FURNISHER-But the sample letter gives a example with late payments. My CRA Reports don't show any lates. Just a charge off. So I don't know exactly how to word my first paragraph now. Link to comment Share on other sites More sharing options...
stefdr Posted April 19, 2008 Report Share Posted April 19, 2008 I've had no luck at all with First Premier. I had two cards with them years ago, and they are both paid collections. I paid them both off at the start of my credt repair a few years ago before I knew all the options I had. No matter who I write to or call, they will not budge. Both were paid off in full, but they will not budge on removal as a GW. They both show now as closed (paid) and charged off/collection on TU and EX, and derog on EQ. They suck. 1 Link to comment Share on other sites More sharing options...
Freak Posted April 19, 2008 Report Share Posted April 19, 2008 They responded to me by saying they weren't obligated to respond...After four letters, some back and forth with EX, It finally aged off. I was ready to sue because they wouldn't provide info under 623. With them gone, I'm running our of things to fix. I got Chase that should age off any day now.I guess I'll be like Fizzle and haggle with them over address formatting and other misc information for something to do. 1 Link to comment Share on other sites More sharing options...
shadokeeper Posted April 19, 2008 Report Share Posted April 19, 2008 this culperate is my next to tackle. I am sent letters to them now it is all about waiting Link to comment Share on other sites More sharing options...
Fairy Enchantress Posted April 19, 2008 Author Report Share Posted April 19, 2008 They responded to me by saying they weren't obligated to respond...After four letters, some back and forth with EX, It finally aged off. I was ready to sue because they wouldn't provide info under 623. With them gone, I'm running our of things to fix. I got Chase that should age off any day now.I guess I'll be like Fizzle and haggle with them over address formatting and other misc information for something to do. Hmmm maybe that will be the first sentence to them.If you are going to trying and tell me you aren't obligated to respond, guess what YOU ARE. It seems you are doing fantastic Freak. Good job! Link to comment Share on other sites More sharing options...
razr Posted April 20, 2008 Report Share Posted April 20, 2008 The have historically been willing to agree to PFD.-r 1 Link to comment Share on other sites More sharing options...
Fairy Enchantress Posted April 21, 2008 Author Report Share Posted April 21, 2008 The have historically been willing to agree to PFD.-rI tried they said to call Arrow they no longer had the account. Arrow got removed off my report.Still have First Premier showing Charge off zero balance. Link to comment Share on other sites More sharing options...
spango Posted April 21, 2008 Report Share Posted April 21, 2008 hey fairy, how did you get arrow off of your report, arrow and first premier are still on mine!!! Link to comment Share on other sites More sharing options...
Fairy Enchantress Posted April 21, 2008 Author Report Share Posted April 21, 2008 Just sent you a email. Link to comment Share on other sites More sharing options...
shadokeeper Posted April 21, 2008 Report Share Posted April 21, 2008 OP have you sent out your 623 letters to FP yet? I sent one out in march and have heard not from them. (i think i worded the first letter poorly lol) I reworked the letter and will send again soon... Link to comment Share on other sites More sharing options...
Freak Posted April 21, 2008 Report Share Posted April 21, 2008 OP have you sent out your 623 letters to FP yet? I sent one out in march and have heard not from them. (i think i worded the first letter poorly lol) I reworked the letter and will send again soon...I sent three of them....same response each time. I believe there are others that received the same response verbatim. Link to comment Share on other sites More sharing options...
Freak Posted April 21, 2008 Report Share Posted April 21, 2008 Oh yea, they used the whole runway in responding too. 1 Link to comment Share on other sites More sharing options...
Fairy Enchantress Posted April 21, 2008 Author Report Share Posted April 21, 2008 Hi Shadow.Yes. It looks like I am going to have to send a few of them. As freak stated. Or sue. Link to comment Share on other sites More sharing options...
shadokeeper Posted April 21, 2008 Report Share Posted April 21, 2008 Yeah sent them the Letters already. Well with each letter we send and they do not respond it is a violation lol... Then I believe (some one correct me if i am incorrect) if they continue to report that is a violation also. Link to comment Share on other sites More sharing options...
razr Posted April 21, 2008 Report Share Posted April 21, 2008 I got rid of them. Sent them an ITS letter and complained to the BBB and AG all at the same time. That got their attention.-r Link to comment Share on other sites More sharing options...
shadokeeper Posted April 22, 2008 Report Share Posted April 22, 2008 I sent three of them....same response each time. I believe there are others that received the same response verbatim.This is the response i received well i altered it for my obvious reasons Bank April xx, 2008 Dear Mr. Me: This letter is in response to the request for validation of your credit card account number xxxxxxxxxx. Our records indicate the application we received for this account was in the name of Guess who with a social security number that was verified to belong to you. The account has been used for purchases: therefore you are bound to the debt. The Fair Debt Collection Practices Act (FDCPA) that you referenced provides that if a consumer notifies a debt collector in writing within thirty (30) days after receipt of an initial notice from the debt collector that the debt is disputed, the debt collector must obtain verification of the debt and mail a copy to the consumer. Bank Bankcard Inc. is not a debt collector as that term is defined under the FDCPA. Bank Bankcard Inc. is the creditor: therefore we are not obligated to comply with the debt verification requirements of the FDCPA. Please refer to the Credit Card Contract that was mailed with your credit card for the specific terms and conditions of your account. If you disagree with how your account is being reported to the credit bureau(s), you must complete a consumer dispute verification form at your local credit bureau office, We are unable to change information that has been reported correctly to the credit bureaus. If you have any further questions, please call our Collections Department at xxxxx. Our hours are 7 :00 a.m. to 10:00 p.m. CST Monday through Wednesday. 7:00 a.m. to 9:00 p.m. CST Thursday, 7:00 a.m. to 7:30 p.m. CST Friday through Saturday. and 10:30 a.m. to 10:00 p.m. CST Sunday. Sincerely, Customer Service Department XXXXXX Bank.First off I never asked them to validate I demanded that they Investigate under § 623. (a)(8) ABILITY OF CONSUMER TO DISPUTE INFORMATION DIRECTLY WITH FURNISHER. This is the response i received from them. I think I need to send them another letter and include the first letter and point out that i never mentioned the FDCPA any where in the letter. Reiterate the fact that I stated I was demanding an investigation not validation and I am not demanding this under FDCPA but in fact I am demanding an investigation under the FCRA section 623 and that they are bound by the Law to investigate this matter, and report to me the findings and if they do not I will file suit for violations of the FCRA. Please advise. Link to comment Share on other sites More sharing options...
Freak Posted April 22, 2008 Report Share Posted April 22, 2008 yup...same letter. Signed by M Wilson too wasn't it? Link to comment Share on other sites More sharing options...
shadokeeper Posted April 22, 2008 Report Share Posted April 22, 2008 Yep M Wilson so we should just keep sending letters? Contact the BBB and AG? Link to comment Share on other sites More sharing options...
gator944 Posted April 22, 2008 Report Share Posted April 22, 2008 After receiving two of the exact same letters as you did, I filed a BBB complaint. It was only then I received a non-generic response from Julie Gilson through the BBB and a packet of copies of statements through the mail. 1 Link to comment Share on other sites More sharing options...
shadokeeper Posted April 22, 2008 Report Share Posted April 22, 2008 OK this is a letter I wrote today in response to the letter i received got FP Please review and advise.XXXXXXXXXXXXXXXXXXXXXXXXXX April 22, 2008XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX CERTIFIED MAIL: Re: Acct #: Dear Sir or Madam, This letter is response to a letter I received from you regarding an investigation into an alleged account, I demanded on XXXX. I received a letter from you on XXX and I found it very disheartening and unprofessional. On xxxx008 I sent you a letter demanding an investigation into an account that you say I have with you and the inaccurate information you are reporting to the Credit Bueros. You responded saying “This letter is in response to the request for validation of your credit card account number xxxxxxxx.” I never requested that you validate this account, I demanded that you investigate this account and the information your Company is reporting to the Credit Bureaus According to the Far (FACRA) laws: (§ 623. (a)(8) ABILITY OF CONSUMER TO DISPUTE INFORMATION DIRECTLY WITH FURNISHER). In your response you also stated that you are not the Collection Agency and there by not required to validate under the FDCPA. No where in my original letter did I request you to “validate” the alleged account information, in addition no where in my original letter did I mention the FDCPA. Case law has established for the past few years that the Original Creditor can be held liable for reporting inaccurate information (Richardson vs. Fleet, Nelson vs. Chase Manhattan ), the FACTA legislation passed recently allows the consumer to go directly to the original creditor and dispute information which the original creditor in the FCRA, has supplied to the credit bureaus In order to clear up this matter, I want to see, all documentation related to this account to prove, I indeed am the owner of this account and that the information is being reported accurately. If you don't respond with the results of the investigation (as is required per the FCRA § 623. ( Duties of furnishers of information upon notice of dispute), I will assume you have no documentation and therefore you were negligent in providing the credit bureaus with accurate information. If you cannot or will not verify the account to me yet continue to report the trade line and verify to the fore mentioned credit bureaus than you are in violation of the FCRA – you must remove the entry. At this point, you would also be in violation of the FCRA merely for not responding within the 30-day period. To avoid a lawsuit, I request that you remove any and all information regarding this account from my Credit Reports, at fore mentioned Credit Reporting Agencies. I will seek legal action under § FCRA 623 ( for violations of the FCRA if you do not comply and respond to me with the results of the investigation in 30 days. Respectfully, XXXXX XXXXXXXXX Link to comment Share on other sites More sharing options...
Bambee Posted April 22, 2008 Report Share Posted April 22, 2008 Yes I had a First Premier Account removed from all 3 of my credit reports. It took several months of back and forth DVs with First Premier and the CRAs. However, my First Premier account was only for a couple hundred bucks, which is probably why First Premier eventually stopped fighting the DV requests. 1 Link to comment Share on other sites More sharing options...
shadokeeper Posted April 22, 2008 Report Share Posted April 22, 2008 This is only a couple hundred also Link to comment Share on other sites More sharing options...
Fairy Enchantress Posted April 22, 2008 Author Report Share Posted April 22, 2008 Stephdr, Freak, Razr, Gator944, and Bambee,Thank you for your information. You are helping many of us here at CIC.We all do appreciate it. Link to comment Share on other sites More sharing options...
Bambee Posted April 23, 2008 Report Share Posted April 23, 2008 This is only a couple hundred alsoIf the account is for a few hundred bucks, just DV the VP and GC of First Premier and remain steadfast. I'm not sure what you're asking for in your DVs to the OCs but I take a slightly different approach to OC DVs than most of the experts here. Link to comment Share on other sites More sharing options...
Shae Posted April 23, 2008 Report Share Posted April 23, 2008 If the account is for a few hundred bucks, just DV the VP and GC of First Premier and remain steadfast. I'm not sure what you're asking for in your DVs to the OCs but I take a slightly different approach to OC DVs than most of the experts here.Who is the VP? and what is a GC?I think I sent mine to the CEO. 1 Link to comment Share on other sites More sharing options...
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