oldguy47 Posted January 14, 2009 Report Share Posted January 14, 2009 OK first the account is/was mine, the charges were not and I was the only authorized user.So I have disputed the charges with OC, asking for the Documentary proof per FCBA, they reported it as late to the Big 3, they continued to send bills, they called trying to collect about 50 times and have sent to CA. I sent CA DV within the 30 days and I checked the status of the delivery to CA and post offices had left them 2 attempted delivery notices so I called CA and asked if they were going to get the letter as there was a check inside before the post office returned to me, they picked up the letter within 30 mins of the call, I did not lie if they look I put a small check mark on the inside of the envelope.Also OC never informed me they were going/did report as late etc The question: If CA responds correctly to DV should I inform CA of the FCBA violations and claim this is continuing the illegal collection activities and threaten to add them to legal action if they continue? Link to comment Share on other sites More sharing options...
swirlgirl Posted January 14, 2009 Report Share Posted January 14, 2009 You can threaten anything you like.When did the charges take place? You could have disputed the charges when they happended. Was the card stolen?As part of most CC agreements it states that the debt would be reported to a CRA if it goes deliquent. So, no issue there.You do know that all the CA has to provide is the name and address of the OC in order to validate?If you were aware of bogus charges, did you do anything about it? Link to comment Share on other sites More sharing options...
oldguy47 Posted January 14, 2009 Author Report Share Posted January 14, 2009 Charges happened Apr-May 08 but I did not get billed until Aug approx 70 days after I closed the account. I disputed the charges and asked for copies of the receipts and the one check used that were on the bill from the OC. I have green card as proof they received the letter within the 60 days, I have followed up 4 times and sent them a copy of FCBA with highlighted sections showing they had the duty to provide the Doc Proof etc. I’m starting on a letter to their legal dept outlining my efforts and their responses with highlighted copies of the FCBA and rule Z (I think it is) and a ruling against AMX that similar to this and cover’s my issues. The report to the CRA issue, is the account was/is disputed; OC failed to tell me what they found during their investigation and did not send the Doc proof, etc. Also they did not tell me they were going to report negatively to CRA within time limits or at all.Also I may be new but, I would agree with others here that they must show they have been authorized to collect on the account, DV letter is out of the kit from here. Link to comment Share on other sites More sharing options...
oldguy47 Posted January 18, 2009 Author Report Share Posted January 18, 2009 CA came back and said that they were requesting the info from their client and it could take 60 days and they would respond when they had the info. Is this common or do you think it’s likely they will not respond back with anything?Funny thing was on the bottom of the letter is said that “This is an attempt to collect a debt” Link to comment Share on other sites More sharing options...
willingtocope Posted January 18, 2009 Report Share Posted January 18, 2009 The "we are requesting info" line is standard. They probably are. If they get anything, you'll hear from them again...if they don't, you won't.Legally, all correspondence from a CA should include the "this is an attempt" gibberish. Link to comment Share on other sites More sharing options...
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