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LeslieR

Oldie asks a newbie question and begs forgiveness

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As some of you know, I have had a VERY bad two weeks. I lost my brother on Sept. 19 and have a host of other personal worsts going on (yet much to be grateful for, including my now nearly-fabulous credit!!!). I never really did grasp the value of the 623 completely (I never really had to use it)...but the time has come.

Right before the $h!t hit the fan in Sept., a JDB started reporting an account on my CRs. I had received no dunning letter, and according to the way the are reporting the TL, it's still in statute but for an account that was opened in 2003. I was/am ready to do the right thing if this is mine and if the amount is correct. So I DVd the JDB (and pointed out that I had never received the initial letter as required by law), and I simultaneously 623'd the OC (a bank).

Results:

JDB sent me a dunning letter on their own letterhead indicating the OC, amount due, date they got the debt, and today's date -- along with a cover letter stating that they had received my request for validation and "here it is."

OC phoned me and said they had no record of an account in my name, under my address, or SSN and that they would request that the JDB close this file. I asked the CSR to send me something in writing and she said she would. Next day, she calls back and says that before they can do that, she has to "order research" and make sure there are no files on me in any of their other systems (I am 99% sure that this really isn't mine).

It's now been 36 days since I sent both letters to JDB and OC CMRRR. OC has produced nothing yet done nothing, either, to stop the reporting.

What now? Like I said, I know the answer lies in researching 623...but life is NOT good right now and I really don't have it in me. Today's the first day I've even felt like beginning to take this on at all. :(

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Why not call back the same person at the OC to follow up on the letter? Ask her to email something to you. That way, you'll have your proof that you never had the account.

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Leslie,

From what I understand about the 623, I know that a 623 letter gets sent after you get verifications from the CRAs. The idea is that if the OC can't prove it's yours, you can sue the CRAs under the FCRA.

You have a lot going on right now though. What I would do is forget about the 623 and just mail the bank again asking them to verify this debt is yours.

Maybe you'll have to do an FTC ID Theft affidavit? I think the OC will be willing to play ball if you just attack them straight up.

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Why not call back the same person at the OC to follow up on the letter? Ask her to email something to you. That way, you'll have your proof that you never had the account.

Do you think I should fax (or mail) the follow-up to her? At least I'd have a more solid paper trail than my own notes.

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From what I understand about the 623, I know that a 623 letter gets sent after you get verifications from the CRAs. The idea is that if the OC can't prove it's yours, you can sue the CRAs under the FCRA.

It seems to me that's what's already been done.

What I didn't mention in my first post is that the TL has been verified on my CRs.

So perhaps a letter to the CRAs is now in order?

This is just such a huge bummer, because as of Sept. 30, every single negative was off my report. I was in the 700 club on all three CRAs, and of course those numbers are now in the low to mid 600s now.

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It seems to me that's what's already been done.

What I didn't mention in my first post is that the TL has been verified on my CRs.

So perhaps a letter to the CRAs is now in order?

This is just such a huge bummer, because as of Sept. 30, every single negative was off my report. I was in the 700 club on all three CRAs, and of course those numbers are now in the low to mid 600s now.

I know exactly how you feel. When I had gotten that boost of all the hard work I put into my defaulted student loan, this POS JDB just swooped in and tried to ding me, which was when I decided to go the NACA route and succeed.

I would just keep attacking both the JDB and OC though. Or maybe get yourself a lawyer (on contingency, of course).

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Very sorry about your misfortune, I didn't know.

You're going to have to send an ITS to the JDB for the absence of a Dunning letter. By not sending the Dunning it creates a huge disparity of outcome for the same action, which is paying the debt if you're so inclined. Paying during the Dunning period keeps it off your record but now it can only show as paid.

Tell them that since they were in the wrong and this is effectively a 7 year sentence, that it would be financial malpractice for you to not pursue this immediately through the courts.

If you accept the DV info they sent, then you can include in the letter that you would settle the matter by allowing them to PFD, or agree not to answer to a CRA dispute.

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OK today I received the JDB's reply to my BBB complaint.

They claim to have sent the dunning letter (do not provide a date) to an address at which I lived a full six years before this account allegedly was opened (and which is in a totally different state than where the account was opened/held). This makes no sense to me since this address no longer appears on my reports and there is a recent address local to the account in question as well as my current address on all three of my reports. I had noticed that old address popped up a few weeks ago on one of my reports and wondered why. So they didn't get the old address to which they dunned from my CR.

Recall that they provided no validation of the account - they simply sent info. about the account on their own letterhead. I pointed out in my letter to the BBB that the OC has no record of me ever having an account with them - the JDB claims that when the OC sold to them, they destroyed all records of my account with them.

So, they can't provide adequate validation, both the OC and JDB acknowledge that the OC has no record of this account, but the collection remains. What now?

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