CA erroneous validation of balance

[thewanderer]

Hello all,

 

This is in regards to a medical collection that is on my report. The amount owed is $331 that was paid to the original creditor (DR) in March. I have disputed this (online) with EX who the CA reports monthly as KD and twice with EQ. Each time comes back "verified" with no adjustment to amount owed..

 

My question is are there any violations? If so would it be once per "validation"? Each month with a KD status update after it was paid? I am in Texas if that matters at all.

 

Or Would it just be faster, easier or outright better to do the WhyChat HIPPA program?

 

This is the last item on these two reports! Almost there!

Edited July 4, 2014 by thewanderer

[ICANHASMUNY?]

send the CA an intent to sue letter for furnish false information to the credit reporting agencies.

 

http://creditboards.com/forums/index.php?showtopic=496348

[Sandscrit]

Once they have the ITS letter, the CA can no longer use a bonafide error defense against a FDCPA lawsuit. The CFPB might be interested in your complaint too.

[thewanderer]

Thanks a lot guys, will work on it tonight when I get home. Have a great 4th of July!

[thewanderer]

Dear Collection Agency That is Screwing Me,

 

 

Your Firm is reporting the following accounts as a "Collection Account, Unpaid"

 

Account Number: 10XXXXXXX

Amount: $331

 

This account has been paid to (original creditor name ) and I have reciepts from ( OC Name ) proving that the accounts have been paid in full.

 

I have disputed your firms reporting of these accounts with Equifax and Experian with Reciepts showing payment, and your company has verified this false information.

 

Collection accounts that are closed and returned to the original creditors are to be deleted from the Credit reporting agencies, as these accounts are no longer in collection.

 

Furthermore, if the accounts were paid to the Original creditor, the collection agency can not report these as 'Paid collection' accounts, since no payments were proccessed or paid to the collection agency.

 

Your verifcation of the accounts as a " Unpaid Collection" is a violation of the FDCPA and FCRA, Specifically;

 

FDCPA violations;

 

15 USC 1692e(8) providing false information to credit reporting agencies

 

FCRA violations;

 

15 U.S.C. § 1681i duties of furnishers to provide accurate information.

 

15 U.S.C. § 1681s-2 - failure to provide accurate information, failure to correct reporting.

 

if your firm does not delete the collection accounts, I will turn this matter over to an attorney for review and legal action in federal court. with additional counts as follows.

 

15 U.S.C. § 1681n Civil liability for willful noncompliance

15 U.S.C. § 1681o Civil liability for negligent noncompliance

 

Please note that statutory damages awarded under FCRA violations are culmative , and compensation for actual damages are seperate.

 

Your False reporting is/may cost me ( rate increase on mortgage or insurance, denied credit, etc, etc. ) ; hence, if actual damages are awarded, these may prove to be very expensive for your firm........

 

Your Firm has 5 days from the date of the letter to delete these accounts with the CRA's, and don't tell me it can't be done in that time frame.

 

Sincerely,

TheWanderer

 

 

 

I changed wording from "Paid Collections" to unpaid.

I did not send a copy of the receipt to the CRA in the disputes but did state that the accounts were paid and offered to send (Phone Dispute). Should I maintain the original verbiage? Or remove that the receipts were submitted?

 

Any other changes I should make? Thanks a lot for your help guys!

[thewanderer]

Also, with the CFPB complaint, should I send that immediately or after the ITS is received? Wait a few days after, 5 days?

 

Thanks again!

[Sandscrit]

Also, with the CFPB complaint, should I send that immediately or after the ITS is received? Wait a few days after, 5 days?

 

Thanks again!

Anytime is fine!

[thewanderer]

Thanks again, will let you know how it goes!

[Sandscrit]

Dear Collection Agency That is Screwing Me,

 

 

Your Firm is reporting the following accounts as a "Collection Account, Unpaid"

 

Account Number: 10XXXXXXX

Amount: $331

 

This account has been paid to (original creditor name ) and I have reciepts from ( OC Name ) proving that the accounts have been paid in full.Exhibit 1

 

I have disputed your firms reporting of these accounts with Equifax and Experian with Reciepts showing payment, and your company has verified this false information.

 

Collection accounts that are closed and returned to the original creditors are to be deleted from the Credit reporting agencies, as these accounts are no longer in collection.

 

Furthermore, if the accounts were paid to the Original creditor, the collection agency can not report these as 'Paid collection' accounts, since no payments were proccessed or paid to the collection agency

 

Failure to remove these negative trade line immediately will result in a FDCPA lawsuit.

 

Sincerely,

TheWanderer

 

 

 

I changed wording from "Paid Collections" to unpaid.

I did not send a copy of the receipt to the CRA in the disputes but did state that the accounts were paid and offered to send (Phone Dispute). Should I maintain the original verbiage? Or remove that the receipts were submitted?

 

Any other changes I should make? Thanks a lot for your help guys!

[Sandscrit]

 

Dear Collection Agency That is Screwing Me,

 

 

Your Firm is reporting the following accounts as a "Collection Account, Unpaid"

 

Account Number: 10XXXXXXX

Amount: $331

 

This account has been paid to (original creditor name ) and I have reciepts from ( OC Name ) proving that the accounts have been paid in full.Exhibit 1

 

I have disputed your firms reporting of these accounts with Equifax and Experian with Reciepts showing payment, and your company has verified this false information.

 

Collection accounts that are closed and returned to the original creditors are to be deleted from the Credit reporting agencies, as these accounts are no longer in collection.

 

Furthermore, if the accounts were paid to the Original creditor, the collection agency can not report these as 'Paid collection' accounts, since no payments were proccessed or paid to the collection agency

 

Failure to remove these negative trade line immediately will result in a FDCPA lawsuit.

 

Sincerely,

TheWanderer

 

 

 

I changed wording from "Paid Collections" to unpaid.

I did not send a copy of the receipt to the CRA in the disputes but did state that the accounts were paid and offered to send (Phone Dispute). Should I maintain the original verbiage? Or remove that the receipts were submitted?

 

Any other changes I should make? Thanks a lot for your help guys!

 

There are plenty of FDCPA consumer attorneys that will take your cases at no charge to you.

[thewanderer]

May come down to that. I just filed the CFPB complaint and will be mailing the above out tomorrow. I really appreciate all your help, hopefully it will work

[ICANHASMUNY?]

you can ask for monetary relief thru the CFBP complaint.... ask for 1K.

[thewanderer]

Ah, unfortunately I already submitted before your post. Oh well, if they delete they luck out! Lol