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How can I get OC to delete after the admit they have no documentation?


diamonddan73
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I have an OC reporting a account that was charged off and sold. Every time I dispute with the CRA's the account gets verified. I have done every type of dispute I could think of.

I sent the OC numerous 623 disputes and they only sent me a letter saying the account was sold to XYZ JDB. I called them and they told me they have no records of the account they can send me and I need to contact the XYZ JDB for the documents because when they sell an account, all of the documents are transferred with the sale. I asked them how they could verify that the account was being reported correctly with the CRA's and the OC said we have everything we need to report accurately. This is after they said they have no records.

This has to be wrong! Every thing I have read says that if you can't provide proof, then you have to delete the account.

What should I do?

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I'm not taking either side.

I don't know, under the FCRA, if they are required to send you the proof of how they verified or just confirm they have such proof and are aware of what that proof says.

Again, not taking a side, but there is a huge difference is having no records they will send you and having no records.

I worked insurance claims for years and people demanded stuff from me all the time. I routinely told them to go pound sand. I was threatened with lawsuits almost on a daily bases.

In other words I had information that would come on my computer screen, you were not getting me to send that info to you, but if needed could get.

However, when I would go to court, I would have those records. The supervisors/attorney's would get the records that might have been archived or in storage. They would order the original checks if we were suing to recover damages. I never had access to the documents until a few days prior to trial.

The reason? Save money because most lawsuits settle.

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I have an OC reporting a account that was charged off and sold. Every time I dispute with the CRA's the account gets verified. I have done every type of dispute I could think of.

I sent the OC numerous 623 disputes and they only sent me a letter saying the account was sold to XYZ JDB. I called them and they told me they have no records of the account they can send me and I need to contact the XYZ JDB for the documents because when they sell an account, all of the documents are transferred with the sale. I asked them how they could verify that the account was being reported correctly with the CRA's and the OC said we have everything we need to report accurately. This is after they said they have no records.

This has to be wrong! Every thing I have read says that if you can't provide proof, then you have to delete the account.

What should I do?

Name or pm me the name of the OC.

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Coltfan makes a valid point. There's nothing under the FCRA that states an OC, or JDB for that matter, is required to send proof to YOU of how they verified the account. In the case of an OC, unless they deleted everything out of their system, they can prove enough to justify their entry.

Please don't be discouraged. The older the negative entry, the less effect it has on your CR, if you have more recent accounts in good standing.

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OP, I know you said you tried many things, but keep trying.

I have copied some recommendations from other members on how to get stuff removed, in case if you haven't tried it, take a look:

JACK ATTACK A new method to disputing - CreditBoards know that the CRA employees are on a time limit per dispute.

It seems that every time a consumer says "not mine" or "no records", it gets verified quick due to the address and name match up.

So, i decided in my next dispute to stay*FAR*away from "not mine", or "no records."

Something like this........

This is Not a Data Factoring account. Please remove this.

It is reported as an Open account, which is false. Please remove this.

It reports a One Month term which is false. Please remove this.

The Estimated date of removal for the CA does not match the date that the original creditor, reports. The Original creditor is reporting 9/2010. Please correct or remove this.

The Date of First Delinquency with the Original Creditor is not provided Please provide this.

The Date of First Major Delinquency with the Original Creditor is not provided Please provide this

It has never been 120 days late Please remove this.

It is listed as a loan. They have never provided me a loan. Please remove this.

No payment was made in 2/2007. Please remove this.

It is listed as an installment account, which is false. Please remove this.

The Balance is not correct. Please correct or remove this.

The end of the seven year reporting period should be listed as 09/2010. Please correct or remove this.

That was my strategy in dealing with Experian when the refuse to re investigate-- I found out that if you give a different reason, they will do it. If you keep giving the same reason they will say "previously investigated".**

================================

September 17, 2009

RE: Credit Report Number XXXXX

Certified Mail Return Receipt Requested #: XXXXX

Dear Consumer Relations:*

I have received a copy of my credit report and have found multiple items that are inaccurate and are requesting that you investigate the matter, please correct or delete them immediately.*

If you determine that any listed entry as "verified," then please provide me with the full method of your verification including the company address, phone number, and employee’s name for each entity that furnished the inaccurate data.

I AM IN DISPUTE OF THE FOLLOWING TRADELINES, PLEASE CORRECT OR DELETE THESE ITEMS IMMEDIATELY.

1. OC (CHARGED OFF ACCT), Account # - XXXXX

a. No phone number is listed for this creditor. Please provide this information.

b. The "Date Opened" reports as 09/2001, which is false. Date opened is 06/2001. Please correct or delete this account.

c. This account shows a balance of $ XXXXX, which is false. The status reads Charged Off as Bad Debt, therefore there should be no balance. Please correct or delete this account.

d. This account shows a balance $XXXXX, which is false. The status reads Charged off as Bad Debt and the account is listed as closed, therefore there should be non past due amount. Please correct of delete this account.

e. There is a discrepancy between the credit limit and high balance, which makes it appear that I was over the limit. I was not. An ad hoc change in credit limit to an amount less than the current balance does not constitute an overage. Please correct this, or delete this account.

2. CA (PAID COLLECTION), Account # - XXXXX

a. This account is listed as Account Type: Open Account, this is false. This is a blatant violation of the FDCPA. Please delete this account.

b. This account shows an original amount of $ XXXXX, which is false. Please correct or delete this account.

c. The Date Placed for Collection is false. This violates the FCRA. Please correct or delete this account.

d. The Estimated date that this item will be removed is false, and does not correlate with the date placed for collection. Per the FCRA, incorrectly reported information must be removed. Please delete this account.

3. CA (COLLECTION ACCOUNT), Account # XXXXX

a. This account is listed as Loan Type: Factoring Company account, this is false. This is a blatant violation of the FCRA. Please delete this account.

b. This account is listed as both a Factoring Company Account and, as a Collection Account, these do not correlate. Please delete this account.

c. RJM is not a Factoring Company, and therefore does not handle Factoring Company Accounts. I have never had a Factoring Account, nor am I involved with any business that would use a Factoring Account. This misrepresents the character of the alleged debt in order to cause greater financial harm. This account must be deleted as this is in clear violation of both the FCRA and FDCPA.

d. TransUnion may be found liable for violations with regard to reporting this as a Factoring Account. TransUnion knows, or should know that factoring companies buy current accounts, not those in collection status and those individuals rarely, if ever, deal with factoring companies. I strongly suggest deleting this account.

e. This account is listed as Account Type: Open Account, this is false. This is a blatant violation of the FDCPA. Please delete.

f. This account shows an original amount of $201.00, which is false. Please correct or delete this account

g. The Date Placed for Collection is false. This violates the FCRA. Please correct or delete this account

h. The Estimated date that this item will be removed is false, and does not correlate with the date placed for collection. Per the FCRA, incorrectly reported information must be removed. Please delete this account.

Under federal law, you have 30 days to complete your investigation. Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested as well, to be provided within 15 days of the completion of your reinvestigation. I’m also requesting that an updated copy of my full credit report be mailed to me upon completion of your investigation.

Thank you for your time and effort in resolving these issues promptly. I do not wish for TransUnion to be caught up in any legal action that may be taken with regard to violations by the data furnishers.

Sincerely,

My Name

Date of Birth: XXXXX

Social Security Number: XXXXX

Credit Report Number: XXXXX

Please see the attached photocopies of my driver’s license, social security card and proof of address for your reference.**

Also,

Trade lines deleted after request to change status:

Please make the following changes to my report

1) Sears account-XXXX remove notation “Consumer disputes this account information “

2) Citi cards account-XXXX remove notation “Consumer disputes this account information “

3) Household bandk-1XXXX remove notation “Consumer disputes after resolution “

4) American Express # XXXX Change Current Status to settled for less than full balance from charged off.

5) American Express # XXXX Change Current Status to settled for less than full balance from charged off.*

I got an Equifax agent on a good day! - CreditBoards

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