Need Help With Deletion

[alliswell]

bump

 

would appreciate any help. thanks.

 

I forgot to mention that the new collection agency lists Cavalry as the current creditor. Thanks

[alliswell]

anyone???

[HoustonLynne]

So the new entity is collecting on behalf of Cavalry, and they're not actually reporting, correct? It's only Cavalry reporting?

 

I would wait for the notice you sent to Cavalry to play itself out.

 

If they do the right thing, the party collecting for them SHOULD disappear along with them.

 

And if Cavalry appropriately handles their business, the investigation by EQ is a moot point.

 

Of course, you may end up filing a CFPB complaint as a next step.

 

In the meantime, just be sure to breathe. It's an opportunity to practice patience. (I HATE that part.)

[alliswell]

Thanks HL. Yes, there is a new entity but they are not reporting. I'm not completely sold on Cavalry doing the right thing because they've stated they can't verify but refuse to delete the account. Do debt collectors collect on behalf of one another? If I wait it out, can the other company legally place the account on my report if I don't respond?

[ICANHASMUNY?]

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?

 

 

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

 

so let me get this straight You've sent a DV to Calvary, and they replied as above - and stated that they ceased collection,

 

but now you're being contacted by a CA they hired?

 

And it's still on your credit reports?

 

that's continued collection without validation. which is a Violation of the FDCPA.

 

find a FDCPA lawyer and be done with it.

 

NACA.net has a " find an attorney " page -

 

what state are you in ? I may know some other names.

[alliswell]

Jersey

[ICANHASMUNY?]

Pennlawyer.com

 

he's actually a CB member, doesn't post much.

[ICANHASMUNY?]

yes. he's admitted to the NJ federal bar.

[alliswell]

Thanks ICAN! Yeah, I quoted exact words from the Cavalry letter. I was a little confused in reading the laws regarding the ceasing of collection activity. I've done a great deal of reading on CB and everywhere else but couldn't find anything for my particular situation. The letter states they can't validate and ceased collection but at the same time reserving a future date to validate while still reporting to the bureaus. Although they list in the comment section "under dispute", isn't that still considered reporting when they are unable to validate? Can they keep it as "customer disputes" indefinitely?

 

So, do I just call Pennlawyer and explain my situation? Never thought it would have to go this far. It's sort of my fault for not checking my credit reports in a million years but I'm so bothered by this that I'm willing to take a stand for me and everyone else who experiences these types of shenanigans. They put me between a rock and hard place because they keep verifying with the CRAs and now the new collection co.

[ICANHASMUNY?]

some reading material for you.

 

http://www.lb7.uscourts.gov/documents/112-cv-15111.pdf

 

 

http://creditboards.com/forums/index.php?showtopic=448260

 

 

http://creditboards.com/forums/index.php?showtopic=522037

 

 

http://creditboards.com/forums/index.php?showtopic=52483

[alliswell]

I've got some reading to do. Thanks!

[ICANHASMUNY?]

you do need to fire off a letter to JC Christensen

 

 

( address )

 

account # ______________________

 

 

Dear __________________

 

 

I'm really surprised at this letter from your firm collecting on behalf of Calvary portfolio - you see, I sent them a validation letter, and they responded that they are unable to verify and were ceasing all collection activities.

 

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."

 

Forwarding this account to collection agency to continue collection without validation is a violation of the FDCPA, and I'll be turning this over to a lawyer for review and possible legal action against your client.

 

Please cease all communication regarding this account from Calvary .

 

sincerely,

 

printed name only.

[alliswell]

I see...and will get that letter out tomorrow. Thanks so much for your help because I wouldn't know what to do otherwise. With regard to Cavalry, I'm supposed to wait it out, right? How can I make them go away because they have extended this dispute thing going on 4 months.

 

On another note, I disputed the same Cavalry acct with EX 2014 and although they marked it as "consumer dispute meets requirement of FCRA" they actually never investigated and totally ignored the dispute. I have supporting documents.

 

I sent a letter to EX CMRR received 1/28/15 asking for a deletion of the account because they did not meet the timeline for results of dispute under FCRA and must delete. They did not delete but instead decided to conduct another investigation during the same timeline of the DV to Cavalry and wouldn't you know it.....verified.

 

Many components for the same account. Any thoughts?

[ICANHASMUNY?]

send the letter off to JCC - they will alert PRA

 

and at that point, they may delete it off your reports now that you have them on FDCPA and FCRA violations.

 

turn all your information over to the lawyer

[alliswell]

Done, done and.........done! Removed from all three CRAs. Thanks all for your advice and suggestions.

[ICANHASMUNY?]

[ICANHASMUNY?]

turn all your information over to the lawyer

 

one year SOL on FDCPA violations.

[alliswell]

You think I should still file suit even though they deleted?

 

BTW, after firing the letter off to the new folks and before Cavalry deleted, I filed a CFPB complaint in an attempt to speed things up a it. In the resolution section, I stated that the deletion is permanent and they are not pursue collection in any form to include selling or assigning to any entity as it constitutes further violations of the FDCPA and my state's consumer protection laws.

[ICANHASMUNY?]

I'm a newbie who seems to have slipped through the cracks. I had 2 credit cards with HSBC Nevada that were closed a number of years ago and reported accurately. I recently checked my credit reports (1st time in years) to find charge offs on two from HSBC and and additional 2 collection companies on all three reports. On the report that didn't have OC as HSBC, showed Cap 1.

 

I disputed all online before reading the boards to find out it was not the best decision. Also called Cap 1 because I have a CC with them and was confused. Cap 1 informed me that they now hold the other company's cards and could only find my current card. They told me to dispute. I then received a letter from them for each card stating:

 

"We have received your CB dispute regarding card services account. We have completed our investigation and the above-referenced account has been purged from our system. In addition, we have instructed all relevant major consumer reporting agencies to delete ANY reference of this account from your credit reports. Please allow up to 60 days for the info to be reflected on your reports. We apologize for any inconvenience."

 

My problem is that before I called them, 2 CRA's completed the investigation in 3 days and verified the collection accounts (Midland and Calvary). EXP noted the dispute as meeting requirements but never even acknowledged Calvary either way. I think they forgot to investigate it.

 

Also, one CA lists HSBC as the OC and the other doesn't list an OC at all. I don't know what I should do next. Any answers?

 

 

 

 

 

 

Have you ever sent this letter from Crap one to Midland & Calvary?

 

you need to do that.

 

is midland still on your reports?

 

 

No I don't think they'll file suit, but you need to send letters to both of them just to make sure of it & make sure they don't resell the accounts with your information attached.

 

 

Dear __________________

 

 

re; Account # ______________________

 

 

I've contacted Capital one regarding this account your firm has claimed is my obligation, and received a reply letter from Capital one stating that these are not my accounts, not my obligation.

 

please see attached letter.

 

Please cease all communications regarding these accounts, and cease all credit reporting immediately .

 

Feel free to verify this information with Capital one at the address & name listed on the attached letter.

 

If your firm resells these accounts with my information attached, and I am contacted again by other " Junk debt Buyers", I'll file suit in Federal court against your firm under the basis of " vicarious liability"

 

 

sincerely,

 

 

_______________________________

[alliswell]

No, Midland is no longer on files. After my initial dispute, they sent ME a letter stating they conducted an internal investigation and deleted soon after.

 

I didn't send the Cap 1 to either but its a good idea to send in a follow-up letter. Thanks ICAN.