Need some advice on a baddie

[sydnee11]

Okay so CA "ASSETA" bought an old debt from a previous OC of mine from 2005. They bought it in 2009. I have Dv'd them twice with no validation. Then I filed a complaint with BBB, and they wrote back and said my validation rights had expired so they had not done anything wrong.

 

Here is the thing, the OC claims I owe one amount and shows debt purchased by another lender. This CA up'd the amount by $400. I disputed it first with the CRA's and it came back as "remains" verified. So, this CA won't validate anything for me, ignores my letters by continuing to send more collection letters and telling me my rights have expired. They also are trying to collect $400 more than what I owed the OC. What should be my next move?

 

I feel so frustrated right now. They are verifying false info to the CRA's and the CRA's just simply put "remains".

[sydnee11]

Can i dispute with the CRA''s again since they have failed to validate this account?? (they just keep verifying this false amount)

[jack1212]

I would send a 623 letter, asking for details as to how the amount was calculated.

[Analysis]

Can i dispute with the CRA''s again since they have failed to validate this account?? (they just keep verifying this false amount)

 

Are there any old addresses still on your credit reports? You might want to consider deleting them, to help get the accounts unstuck, then redispute.

 

HINT:

 

The CRA's are not doing a real investigation of the account. They are matching the existing information against itself, and sending an automated letter to you telling you they've investigated it. They have not, so your goal ought to be to force a real investigation.

[Analysis]

The CRA's do a lot of things automatically to save money. One of the things they do every day, all day, is send automated letters telling you they have " investigated " something when all they've done is match certain information on their system.

 

You write a dispute letter, their system checks a few things to see if there is a match:

 

Name CHECK

SSN CHECK

Issuer of credit CHECK

Account number (partial or otherwise) CHECK

ADDRESS! OOPS! If old addresses are not there, the system many times will not be able to verify it automatically. As soon as the system realizes it cannot match the information on all the relevant information, it " kicks it out " of the CRA's internal system and forces a true verification from the original reporter (OC, CA, whatever). This external verification significantly increases the chances it won't be verified at all, or at least within the 30+/- window, which means....a deletion.

 

Spend the time to delete old addresses before you dispute. It is worth it.

[clambert1273]

Okay so CA "ASSETA" bought an old debt from a previous OC of mine from 2005. They bought it in 2009. I have Dv'd them twice with no validation. Then I filed a complaint with BBB, and they wrote back and said my validation rights had expired so they had not done anything wrong.

 

Here is the thing, the OC claims I owe one amount and shows debt purchased by another lender. This CA up'd the amount by $400. I disputed it first with the CRA's and it came back as "remains" verified. So, this CA won't validate anything for me, ignores my letters by continuing to send more collection letters and telling me my rights have expired. They also are trying to collect $400 more than what I owed the OC. What should be my next move?

 

I feel so frustrated right now. They are verifying false info to the CRA's and the CRA's just simply put "remains".

 

 

saying your validation rights expired is WRONG.. flat out.. and there is nothing in the law that states that. I would definitely send them one hell of a letter to their legal compliance department stating this

 

1. Your company has refused to validate this debt by stating that my rights expired. Contrary to your statment, my right to request validation does NOT expire.

 

2. I would outline the explicit errors in reporting (Open, installment, 1 month terms, the dates, the amounts, have they indicated the account in dispute on your credit reports? if not, add that as well) now its a 623 with a dv

 

3. In the same letter, I would put them on notice that you will be ready to file suit against them for their violations but offer them the opportunity to settle for removal.

 

Just remember, whatever you say you are going to do... do it.

[jack1212]

Okay so CA "ASSETA" bought an old debt from a previous OC of mine from 2005. They bought it in 2009. I have Dv'd them twice with no validation. Then I filed a complaint with BBB, and they wrote back and said my validation rights had expired so they had not done anything wrong.

 

Here is the thing, the OC claims I owe one amount and shows debt purchased by another lender. This CA up'd the amount by $400. I disputed it first with the CRA's and it came back as "remains" verified. So, this CA won't validate anything for me, ignores my letters by continuing to send more collection letters and telling me my rights have expired. They also are trying to collect $400 more than what I owed the OC. What should be my next move?

 

I feel so frustrated right now. They are verifying false info to the CRA's and the CRA's just simply put "remains".

 

 

saying your validation rights expired is WRONG.. flat out.. and there is nothing in the law that states that. I would definitely send them one hell of a letter to their legal compliance department stating this

 

1. Your company has refused to validate this debt by stating that my rights expired. Contrary to your statment, my right to request validation does NOT expire.

 

2. I would outline the explicit errors in reporting (Open, installment, 1 month terms, the dates, the amounts, have they indicated the account in dispute on your credit reports? if not, add that as well) now its a 623 with a dv

 

3. In the same letter, I would put them on notice that you will be ready to file suit against them for their violations but offer them the opportunity to settle for removal.

 

Just remember, whatever you say you are going to do... do it.

 

Notice the part i put in bold. ITS Letters are not toys or idle threats.

 

The CA's and CRA's get these ALL DAY EVERY DAY. With only (I'd guess) 5% of consumers being serious about it.

Edited July 29, 2011 by jack1212

[clambert1273]

and to expound on what Jack said...

 

do not be afraid.. there is no reason to be! What is the worst thing to happen.. you lose? well then, you are no worse off - they can NOT countersue you for the alleged debt itself and that has to be a separate filing.

 

It took me a long time to get comfortable with that notion but until I did everything was a slow process of letter after letter.. now I take care of it in one shot (thank you CENTEX!) and if they don't want to play - well then I stick to my guns ..