SeekerOfWisdom

The FDCPA expressly allows states to have laws that provide greater protection for consumers.

The CFPB has always been a paper tiger for individuals. Enforcing the FDCPA through an individual suit can be very effective if there's really a violation.

Here are some cases that support you: Edeh v. Midland Credit Mgmt., Inc., 748 F. Supp. 2d 1030, 1035 (D. Minn. 2010), aff'd, 413 Fed. Appx. 925 (8th Cir. 2011) Smith v. Encore Capital Group Inc., 966 F. Supp. 2d 817, 829 (E.D. Wis. 2013) Purnell v. Arrow Fin. Servs., LLC, 303 Fed.Appx. 297, 304 (6th Cir. 2008) (“We assume without deciding that the reporting of the debt to Equifax constitutes a ‘collection activity.’ ”); Quale v. Unifund CCR Partners, 682 F. Supp. 2d 1274, 1279 (S.D. Ala. 2010); Garcia-Contreras v. Brock & Scott, PLLC, 775 F. Supp. 2d 808, 827 (M.D.N.C. 2011) (“To the extent Defendants' position relies upon the assumption that only communications with the consumer can constitute ‘collection of the debt,’ they have not provided any authority to support it and it is contrary to case law.”). There may be cases that hold the other way. Which case applies may depend on where in the USA you live.

MCM has a policy, which they publish on their website, of deleting trade lines after settlement. I know Portfolio also does, so it's possible to get PFD without paying full sticker price for some debt buyers. Jeff Cap might do it, but I've never asked them. Cap One probably won’t. No debt collector that I'm aware of can delete trade lines from an original creditor, only their own.

Where do you get this information from? Federal cases get heard in federal court no matter how small. And there’s no rule saying small claims courts don’t award attorney fees if the law provides for them. Maybe you’re in a state with special rules.

Attorney fees are in addition to actual and statutory damages under the FDCPA, not as a cut of them. So if you get $1 in damages, the bad guys pay your fees. I'm not sure about the FCRA but I know lawyers take those cases on contingency all the time.

Do you have copies of your mortgage statements for this whole time? They should show how the payments were applied and when they last considered you current. Also, you can send a Qualified Written Request to ask for a complete loan history, which should show whether you were current. once you have that information, you can use it to support your dispute.

The trick is finding a lawyer who will do that for you, on a contingency fee.

Some banks will change the locks once missed payments pile up AND an inspection determines the home is empty or abandoned. There’s a provision in most mortgages allowing them to do this as part of “preservation” of the collateral.

If you want fast copies without memberships, go to annualcreditreport.com

How much debt do you have? Who is it with? What is your ultimate goal?

I'm guessing the “big boys” in Charlotte wanted to keep their monopoly going.

Did you request, or did they give you, an “accommodation” during this time? Or did they just unilaterally decide to misreport the DOFD? The latter, to me, seems inaccurate and possibly a violation of the FCRA.

What you can ask for and what you can make them do are not necessarily the same. Can you dispute this in good faith? Probably. Do they have to change it? Well, what happens if they don't? Pretty much your only remedy there is a lawsuit under the FCRA. But there’s probably no downside to asking.

Sounds like MyFico is giving you bad information. I've had that happen with CreditKarma. Also, "Original Lender: Blank" is a huge red flag for some kind of inaccurate reporting. But again, if it's not on your FACTA reports, it's probably a mistake of MyFico.