Need Help With Deletion

[HoustonLynne]

Well just be aware that EQ isn't bound by the FDCPA, and complaining to them that the CA is violating your rights under the FDCPA probably isn't the most efficient way to do it.

 

Based on your last post here, I'd file a complaint against EQ. Unless you wanna send EQ a copy of Cavalry's letter and ask them WTF they'd like for you to do.

Edited February 24, 2015 by HoustonLynne

[alliswell]

Ahhh, my fault. It wasn't my intention to complain about the CA, I was thinking more along the lines of telling EQ they're violating my rights w/the whole verified bit but it seems that I had it all wrong anyway. I thought CRAs were included under FDCPA. I really just want it to go away by properly addressing the situation. I haven't looked at my report in years but I'm quickly learning a different perspective and want to stay on top of it. If I must file a complaint, I will. @houstonlynne, It does seem like the more reasonable approach is to send a non-threatening letter to EQ include a copy of the Cavalry response. Do I need to be assertive at all? I'm assuming the letter would be in the CMRR category, right?

[tweak]

I've been reading this thread, and somehow I have trouble getting the pieces all in place in my brain.

 

^ Me too.

 

alliswell,

 

Please post a summary of everything you've done with Cavalry - including the dates.

Letters you sent to Cavalry

Letters from Cavalry to you

Disputes of Cavalry, to which CRAs

CRA responses to your disputes

 

And include anything still open, such as a current CRA dispute that has not been closed out.

 

There are a lot of moving parts in this thread

and I think a summary will make it easier for others to help you.

[alliswell]

12/1/14 - online dispute of Cavalry with EQ EX and TU and all came back verified

 

1/20/15 - DV to Cavalry CMRR received 1/20

 

1/26/15 - EQ dispute CMRR date received

 

1/26/15 - TU dispute CMRR date received

 

1/28/15 - EX dispute CMRR date received

 

Response from Cavalry dated 2/9 This letter acknowledges receipt of the dispute and request for account validation. Please be advised that we have already ceased collection for the time being in response to your communication. We will contact you again, and either provide validation, or an update of the status within 60 days of this letter. No further collection efforts will be made unless and until validation is provided. You may contact us blah blah

 

EQ mailed response dated 2/17 - the debt belongs to you

Edited February 24, 2015 by alliswell

[HoustonLynne]

I might actually try a CYA Letter to Cavalry.

 

See this in the Sample Letters Forum here on CB: http://creditboards.com/forums/index.php?showtopic=9177

[alliswell]

@houstonlynne. I read that thread the other day and thought about doing my version. Just when I re-stated the timeline, I realized again that Cavalry acknowledges that they received the dispute. I keep going back to whose fault is it? Could Cavalry have verified my mailing address and EQ is calling it verification of acct? So, is that a strong opinion about the CYA to Cavalry?

[HoustonLynne]

@houstonlynne. I read that thread the other day and thought about doing my version. Just when I re-stated the timeline, I realized again that Cavalry acknowledges that they received the dispute. I keep going back to whose fault is it? Could Cavalry have verified my mailing address and EQ is calling it verification of acct? So, is that a strong opinion about the CYA to Cavalry?

The CRA used e-Oscar and probably only matched 3 fields of the info. So that's why I keep going back to the follow-up dispute to CRA w/a copy of the CA's letter.

 

The CFPB is really pushing the CRAs to provide all info that a consumer provides in a dispute -- especially additional documents -- to the furnisher of data for investigation. So your letter from Cavalry SHOULD render a more thorough reinvestigation. If not, you'll really have an excellent case for a CFPB Complaint.

[alliswell]

Okay, so I will send a CMRR letter to EQ tomorrow. Is is smart to ask for an immediate deletion because I'm submitting proof instead of their bogus 30 day reinvestigation #3? And, a hard copy of the updated report? Thanks

 

I sure hope the other CRAs just simply deleted.

[alliswell]

Okay, I drafted this CYA letter to EQ and I welcome any suggestions. Thanks

 

 

EQ

 

I disputed inaccurate information on my credit file by Cavalry Portfolio account #XXXX in which you subsequently verified on two separate occasions. I am now requesting an immediate deletion of the account.

 

I’ve recently learned that Equifax may not conduct independent investigations by contacting furnishers of information to verify disputes but merely parrot information that has been previously stored in your automated system. When this occurs, it creates difficulty for the consumer who attempts to correct inaccurate information on their credit file and legal problems for the entity responsible for maintaining the inaccuracies. It can also falsely imply that the furnisher of information is knowingly or negligently retaining inaccurate information on my file in response to a dispute thereby violating consumer rights under FCRA.

 

I have already suffered actual damage from the inaccuracies reporting and I am preparing to initiate litigation for violating the FCRA and my state’s consumer protection laws. However, I wish to make certain I have the responsible party before filing.

 

If upon receipt of written confirmation you claim that a reasonable investigation has been conducted, verified and that the account belongs to me, I will focus my attention on Cavalry for knowingly verifying false information with your agency. It will save Equifax the time and expense of dealing with a lawsuit and damages caused by Cavalry’s negligence.

 

Please find the enclosed letter of 2/9/15 addressed to me from Cavalry Portfolio that states they are unable to validate and have “already” ceased collection efforts. Your reinvestigation results letter of 2/17/15 states that you researched and verified the account and maintained that the account belongs to me.

 

If the account is not immediately removed from my credit file upon receipt of this letter or you do not provide me with a method of verification including contact names and phone numbers from the investigation, I will be forced to proceed with the filing of a lawsuit to recover damages.

 

Your cooperation and immediate action will ensure that Equifax is in compliance with the law. Thank you in advance.

Edited February 24, 2015 by alliswell

[HoustonLynne]

Hmmm...my concern is the overt threat of lawsuit...this may land you in EQ Special Handling Dept.

 

That's like Hotel California -- you can check out any time you like, but you can never leave.

 

And the more I think about it, the more I see the CYA letter as a far-reaching effort, when you really don't have a whole lot of heavy artillery. But YOU have substantial supporting documentation. You're not desperate enough for a CYA, IMO.

 

I'm revising my suggestion -- simple, direct dispute that CLEARLY states this is your third attempt and you're including documentation from the data furnisher.

 

If you come up empty handed, file the dispute with CFPB.

Edited February 25, 2015 by HoustonLynne

[alliswell]

Hahaha! It does seem pretty harsh. In a perfect world, I should be able to fax a letter along with proof and bam, account gone. It's a tricky one.

 

Tossing the CYA idea aside, do you think I should ask for yet another reinvestigation? Or, do you think the documentation is sufficient for an immediate deletion?

 

Another question...since Cavalry acknowledged the dispute, aren't they sorta obliged to have TL removed?

[HoustonLynne]

...since Cavalry acknowledged the dispute, aren't they sorta obliged to have TL removed?

You'd THINK so...right?! And there's got to be a fairly simple answer we're missing here.

 

Let me see if I can wrangle us some help with this one...stay tuned.

 

It may not happen until tomorrow morning, though...patience is a virtue.

[ICANHASMUNY?]

these accounts were paid in full and closed with HSBC, and you have old reports indicating this?

 

Capital one is the devil in this - they purchased all the American HSBC cards, and sold off many to the JDB's

 

if they sold an paid in full account that wasn't charged off to Calvary and Midland, Capital one should do more than delete the their inaccuracies from your reports'

 

they should recall and buy back the debts.

 

file a complaint with the CFPB against Capital one for causing all these problems -

 

but first, read up more about junk debt buyers, you're not dealing with a collection agency.

[HoustonLynne]

...or less than half an hour...that's what I meant to say!

[alliswell]

Thanks @houstonlynne.

 

@icanhasmuny, I NEVER had this particular account that Cavalry is reporting. Nothing was paid. nothing was charged off.

 

The old HSBC accounts that actually belonged to me were closed years ago in good standing. When I happened to check my credit reports in December, they were gone and in their place were charged off accounts I never had and with different account numbers.

 

HSBC on 2 CRAs and Capital One on the other sharing the exact same acct #s as the HSBC accounts. I was confused and after cross checking old statements and since I happened to have 2 current CAP 1 accounts, I called to find out what was going on. They also were confused and confirmed that there were no old delinquent accounts. They told me to dispute with the CRAs. Shortly after, I received letters from CAP 1 w/an apology stating that they instructed all CRAs to remove any negative information associated with those account numbers.

 

Are you saying that I should call Cap 1 and tell them to deal w/it? Will they go the extra step of pulling back a JDB on an account # that never existed?

 

It appears that they took the necessary actions but its just not working out. There is no debt to buy out because I actually never had those account numbers associated with HSBC. And I'm not referring to the JDB account numbers. That's the whole pickle problem!

[HoustonLynne]

CFPB complaint time.

[ICANHASMUNY?]

Cap one' has screwed up records before on HSBC accounts

 

you need to send an ITS letter to Calvary

 

 

Response from Cavalry dated 2/9 This letter acknowledges receipt of the dispute and request for account validation. Please be advised that we have already ceased collection for the time being in response to your communication. We will contact you again, and either provide validation, or an update of the status within 60 days of this letter. No further collection efforts will be made unless and until validation is provided. You may contact us blah blah

 

 

Dear Calvary ,

 

I'll say this once; this isn't my account, and it certainly isn't my debt. Your firm has reported this to the wrong person's credit file. or it's ID theft issue.

 

I've never received any letter from Any Collection agency or your firm regarding this account in my life, and this account # does not match ANYTHING on my reports, ever .

 

I have reports going back to ( date ) and this account is not listed.

 

 

Please furnish the following information So I have some better information to go on

• Please supply all account records , including personal addresses, Billing addresses, copy of account application with Signature and history of transactions and payments.
• Please provide the name of the bank these payments were drawn from ( the issuing bank) .
• Please supply the last 4 digits of the Social security number associated with the account

if you fail to perform a reasonable reinvestigation and delete this reporting, or fail to provide the information requested, I'll turn this over to an attorney for review and legal action in Federal court for FDCPA and FCRA violations

 

Sincerely,

___________________________

[alliswell]

Okaaay, CFPB complaint against CAP1? As suggested by Icanhasmuny

 

OR

 

CFPB EQ? Per Houstonlynne suggestion

 

Or both? And on what grounds?

[ICANHASMUNY?]

Okaaay, CFPB complaint against CAP1? As suggested by Icanhasmuny

 

OR

 

CFPB EQ? Per Houstonlynne suggestion

 

Or both? And on what grounds?

 

Send the ITS letter to Calvary first.

 

you have current Crap one cards, and they did apologize, no need to aggravate it unless Calvary comes up with something verified from Capital one bank.

[alliswell]

Ok @Ican, our posts crossed and I missed #42. It makes perfect sense to contact Cavalry again because they are the CULPRITS (even though EQ failed as well). The first part of your letter is powerful and straight forward. I will def draft a letter tonight and use that. The last part...they already told me they have nothing. I'm taking what I need.

 

I totally appreciate the assistance from everyone. Whew! Finally a plan of action.

[ICANHASMUNY?]

Don't believe that they can't contact the Original creditor and get information - they certainly can .

 

send the whole letter, including the threat to sue.

[alliswell]

Gotcha. Wayyy out of my noob league but I will include the threat. The end.

[HoustonLynne]

Glad that worked out!

 

Thanks, ICAN -- we were STUMPED.

[alliswell]

Me too! AND, the letter to Cavalry also serves as a "just in case" the other CRAs come back with the same answer as EQ. Thanks guys. I'll keep you posted on the results.

[alliswell]

I'm back with an update. I mailed the threatening letter CMRR to Cavalry as ICAN suggested and got the green card back stamped 3/2. Don't know why but I also faxed EQ a copy of the DV response from Cavalry as evidence and stated I was seeking removal of the account, not a 3rd reinvestigation. Wouldn't you know it, EQ emailed me that they have started a new investigation.

 

In the meantime, I received a notice of collection from another agency for the same account stating "as long as you haven't made other arrangements, you may be eligible for a special settlement offer. Just call us."

 

That company name, JC Christensen looked sorta familiar and double-checked my credit report from Dec 14 to find a soft inquiry by them.

 

Basically, I'm even more confused now. Hopefully, Cavalry will delete the TL based on my letter but it appears that they sold it to another CA. Am I correct?