Filed Federal Lawsuit 2/15 10:05am Pro Se

[hurricanesfans27]

Wow!!!  Just pulled SO CR's from myfico and WAH_LAH!!!  What do we have, a Collection:

 

Collection Agency  PALISADES COLLECTION L 

Original Creditor  AT T WIRELESS 

Account Number  PAL7ATTW03211XXXX 

Whose Account  Individual 

Date Assigned  November, 2004 

Amount  $840 

Balance  $840 

Balance Date  August, 2005 

Collection Status  Account seriously past due date/account assigned to attorney, collection agency, or credit grantor's internal collection department 

Status Date  August, 2005

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i have the same thing on my DW bureau... in fact they have it on there 3 times which really pisses me off.

[CargoJon]

Pretty soon googlebot's going to overtake GEORGE as the leading poster...

 

bump...

[RealtorKen]

Ok, I apoligize for the major gap in updates. As some of you may know I have been extremely swamped with business and have not had the time to keep this updated. I will try and make this as thorough as possible. Names are going to be withheld to protect the identity of any innocent persons

 

 

Discovery closed in July as some of you know. Just before Discovery ended I received the following key answers to my Requests for Admissions.

 

Q.)    Defendant transmitted information regarding the Plaintiff to the Credit Reporting agencies in September 2004.

 

A.)    Defendant transmitted information to CRA after purchasing this account from  the OC.  The exact date can neither be confirmed or denied.

 

 

Q.)    Defendant received a communication from Equifax that the Plaintiff was disputing the information contained in his credit reports with equifax.

 

A.)    Defendant lacks sufficient knowledge to either admit or deny this request.

 

Q.)    The first written correspondance that was written at defendant's place of business and addressed to the plaintiff was dated October 20, 2004

 

A.)    Admitted

 

Q.)    The pharase "Total Due: $XXX.XX" was written to make the plaintiff aware of what the plaintiff owed the defendant.

 

A.)    The amount in question was the balance due on the account when it was assigned from the OC to the Defendant.

 

Q.)    The Defendant described the Plainiffs account with the Defendant as "120+ Days Past Due"

 

A.)    Upon information and belief, the last pay date on the referenced account was July 1999, which would make it 120+Days past due.

 

 

Q.)    Defendants communicated information to Equifax that the plainitffs account type was "OPEN"

 

A.)    Lack sufficient knowledge without seeing a copy of the plaintiffs' credit report. (THEY ALREADY HAVE COPIES!!)

 

 

Q.)    The Defendant accessed and utilized  plaintiffs credit reports from the CRA on more than one occasion.

 

A.)    Lack Sufficient knowledge to either admit or deny

 

 

Q.)    A Charged-Off account is an account that has been closed, and has a balance due.

 

A.)    A charged off account is an account that has been either sold to other companies or written off for tax purposes.  In either case, there is a balance on said accounts.

 

 

Q.)    Defendant reported on Plaintiffs Equifax credit report that the amount owed was $253.00

 

A.)    Lack sufficient knowledge

 

 

Q.)    Defendant claims that Plaintiff owes a total of $253.37

 

A.)    Admit

 

 

Q.)    Defants are aware that reporting information to the credit reporting agencies that is inaccurate after being made aware of the innaccuracy is a violation of the FCRA

 

A.)    Objection. Overly broad.  Kindly provide the exact citation or statute the plaintiff is referring to.

 

 

Q.)    After reviewing Plainitiffs notice that the account was inaccurately reporting, the Defendant verified it was reporting correctly.

 

A.)    Overly broad.  Kindly provide a copy of the letter referred to and the date of same.

 

 

 

 

Ok, now here is something that I believe might be key. I have a copy of a contract that my account was not officially purchased by the defendant until 9/28, which is 6 days AFTER my first dispute letter. Also it is after the date they started reporting the account on my credit reports.

 

 

They still have not backed up their defense that they didn't receive my initial disputed until 10/19 when I mailed it 9/22 and I lived 20 minutes from them. I demanded the postmarked envelope, they failed to provide.

 

Here are some Key issues to my case so far.

 

 

* They don't know or won't admit who/when they transmitted the account information to my Credit File. ( I believe that would fall under "Reasonable Procedures"...correct?)

 

 

* Amount reported owed was inaccurate

 

* Account type was wrong

 

* Account Status was 120+ on a Collection Account

 

* My credit reports spanning 6 months clearly show the account was never marked in dispute.

 

* They still failed to show that they sent me anything after our initial phone conversation within the 5 days.

 

 

 

Now to current case status....

 

I filed a Motion to Compel just before Discovery ended, that motion will be heard before the Magistrate on 9/12. Requests for Damages where also included in that motion.

 

A final pre-trial exhibit list as well as description of of anticapated trial testimony by the Defendants was due 10 days ago.

 

No settlement talks have occured as of yet

 

No court ordered mediation has occured as of yet.

 

Communications between myself and the Defendants attorney have went from 2-3 days a week to maybe once every two weeks.

 

After the Motion hearing, whether or not I succeed I will be filing a Motion for Summary Judgment. After the judge denied my initial motion for Partial Summary Judgment I know now exactly what the judge wants me to show in order for him to award me a victory. As some of you know he basically handed me a detailed instruction manual.

 

I still have no plans to let the defendants off easy. I have invested a year of my time in this matter so far and I anticipate roughly another 6 months until this case is finalized.

 

The alleged debt is now out of the Statute of Limitations as it was over 6 years ago. So the Defendants now have nothing to gain with this account. I would guesstimate that I have directly cost the defendants somewhere in the neighborhood of $10,000.

 

Onward ho!

 

 

Thanks to everyone once again that have helped and offered encouragement to me.

 

 

I ask that now that you know where I am in this that you continue to offer advice and any Federal case law that you can offer helps me tremendously and I truly appreciate it!

 

RealtorKen

 

P.S. Please forgive my typos!

[pryan67]

* They don't know or won't admit who/when they transmitted the account information to my Credit File. ( I believe that would fall under "Reasonable Procedures"...correct?)

correct, however, their attorney may not have had the info on tap...but that's THEIR problem

 

* Amount reported owed was inaccurate

but, it's within 37 cents...don't think this will fly

* Account type was wrong

DEFINATELY

* Account Status was 120+ on a Collection Account

DEFINATELY, and they're claiming in their responses that you paid THEM on that date in 1999

 

* My credit reports spanning 6 months clearly show the account was never marked in dispute.

DEFINATELY

 

* They still failed to show that they sent me anything after our initial phone conversation within the 5 days.

DEFINATELY

[RealtorKen]

* They don't know or won't admit who/when they transmitted the account information to my Credit File. ( I believe that would fall under "Reasonable Procedures"...correct?)

correct, however, their attorney may not have had the info on tap...but that's THEIR problem

Forgot to mention that this is the 4th time I have asked for this.  They alsways try and avoid giving me the info.  I even requested the information in order for a deposition and they never told me who enters information.

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[hunter29180]

 

Q.)     Defendant transmitted information regarding the Plaintiff to the Credit Reporting agencies in September 2004.

 

A.)     Defendant transmitted information to CRA after purchasing this account from  the OC.  The exact date can neither be confirmed or denied.

 

I have a copy of a contract that my account was not officially purchased by the defendant until 9/28, which is 6 days AFTER my first dispute letter.  Also it is after the date they started reporting the account on my credit reports.

 

Caught them in a fib!

 

Q.)     Defendant received a communication from Equifax that the Plaintiff was disputing the information contained in his credit reports with equifax.

 

A.)     Defendant lacks sufficient knowledge to either admit or deny this request.

 

You would have to supeonaEquifx to court to answer about their procedures concerning notification of disputes from consumers, in order to prove this one!

 

 

Q.)     The pharase "Total Due: $XXX.XX" was written to make the plaintiff aware of what the plaintiff owed the defendant.

 

A.)     The amount in question was the balance due on the account when it was assigned from the OC to the Defendant.

 

Assigned or purchased? Could make a diffrence to the judge??

 

 

 

Q.)     Defendants communicated information to Equifax that the plainitffs account type was "OPEN"

 

A.)     Lack sufficient knowledge without seeing a copy of the plaintiffs' credit report. (THEY ALREADY HAVE COPIES!!)

 

Point this out! Refer to the copies you "provided to them to verify your right to question them if they did in fact report as such!

 

 

 

Q.)     A Charged-Off account is an account that has been closed, and has a balance due.

 

A.)     A charged off account is an account that has been either sold to other companies or written off for tax purposes.  In either case, there is a balance on said accounts.

 

Sounds like admitted.

 

 

Q.)     Defendant reported on Plaintiffs Equifax credit report that the amount owed was $253.00

 

A.)     Lack sufficient knowledge

 

Cant read the reports you so kindly sent them? Or just unable to talk to their client?

 

 

Q.)     Defants are aware that reporting information to the credit reporting agencies that is inaccurate after being made aware of the innaccuracy is a violation of the FCRA

 

A.)     Objection. Overly broad.  Kindly provide the exact citation or statute the plaintiff is referring to.

 

Sounds like you must be more specific and quote chapter and verse when referring to the FCRA!

 

Q.)     After reviewing Plainitiffs notice that the account was inaccurately reporting, the Defendant verified it was reporting correctly.

 

A.)     Overly broad.  Kindly provide a copy of the letter referred to and the date of same.

 

Time for basic reading classes to begin!

 

 

 

 

Ok, now here is something that I believe might be key. I have a copy of a contract that my account was not officially purchased by the defendant until 9/28, which is 6 days AFTER my first dispute letter. Also it is after the date they started reporting the account on my credit reports.

 

 

They still have not backed up their defense that they didn't receive my initial disputed until 10/19 when I mailed it 9/22 and I lived 20 minutes from them. I demanded the postmarked envelope, they failed to provide.

 

They dont have to..you have to prove you sent it! (GREEN CARD)

 

 

 

 

Now to current case status....

 

I filed a Motion to Compel just before Discovery ended, that motion will be heard before the Magistrate on 9/12. Requests for Damages where also included in that motion.

 

A final pre-trial exhibit list as well as description of of anticapated trial testimony by the Defendants was due 10 days ago.

 

After the Motion hearing, whether or not I succeed I will be filing a Motion for Summary Judgment. After the judge denied my initial motion for Partial Summary Judgment I know now exactly what the judge wants me to show in order for him to award me a victory. As some of you know he basically handed me a detailed instruction manual.

 

Consiter the posts above for including in your presentation in court or the MOSJ!

 

I ask that now that you know where I am in this that you continue to offer advice and any Federal case law that you can offer helps me tremendously and I truly appreciate it!

 

RealtorKen

 

P.S. Please forgive my typos!

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Hope this helps!!

GO GET YOUR MONEY HONEY!!!!

[pryan67]

then you've got them dead to rights on withholding information....

[StupidCredit]

Why are you wasting time asking Palisades if they received a dispute from EQ? Why didn't you just subpoena EQ's records to see if they sent the dispute and how Palisades replied?

[RealtorKen]

Why are you wasting time asking Palisades if they received a dispute from EQ?  Why didn't you just subpoena EQ's records to see if they sent the dispute and how Palisades replied?

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One of the downfalls of Pro Se... Equifax requires a Judge signed subpoena, everytime I have tried to have the court sign an affidavit they return the unsigned subpoena. So I was planning to have the judge sign the subpoena at my motion hearing. The other problem is there are no templates to use for a subpona duces tecum. I want to subpoena all corresondances between the defendant, Equifax, and/or myself regarding the reporting of the account. If someone has successfully written one or knows how to properly write one for Federal Court I would appreciate any assistance.

[StupidCredit]

Why are you wasting time asking Palisades if they received a dispute from EQ?  Why didn't you just subpoena EQ's records to see if they sent the dispute and how Palisades replied?

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One of the downfalls of Pro Se... Equifax requires a Judge signed subpoena, everytime I have tried to have the court sign an affidavit they return the unsigned subpoena. So I was planning to have the judge sign the subpoena at my motion hearing. The other problem is there are no templates to use for a subpona duces tecum. I want to subpoena all corresondances between the defendant, Equifax, and/or myself regarding the reporting of the account. If someone has successfully written one or knows how to properly write one for Federal Court I would appreciate any assistance.

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Ah I see.

 

What about your lawyer friend you were consulting with about 20 pages ago? He doesn't know?

[RealtorKen]

I will consult with him, but I just hate constantly asking

[aiken]

Why are you wasting time asking Palisades if they received a dispute from EQ?  Why didn't you just subpoena EQ's records to see if they sent the dispute and how Palisades replied?

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One of the downfalls of Pro Se... Equifax requires a Judge signed subpoena, everytime I have tried to have the court sign an affidavit they return the unsigned subpoena. So I was planning to have the judge sign the subpoena at my motion hearing. The other problem is there are no templates to use for a subpona duces tecum. I want to subpoena all corresondances between the defendant, Equifax, and/or myself regarding the reporting of the account. If someone has successfully written one or knows how to properly write one for Federal Court I would appreciate any assistance.

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here is the link for all the federal forms, including subpoenas:

http://www.uscourts.gov/forms/uscforms.cfm

[hoapres]

Why are you wasting time asking Palisades if they received a dispute from EQ?  Why didn't you just subpoena EQ's records to see if they sent the dispute and how Palisades replied?

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One of the downfalls of Pro Se... Equifax requires a Judge signed subpoena, everytime I have tried to have the court sign an affidavit they return the unsigned subpoena. So I was planning to have the judge sign the subpoena at my motion hearing. The other problem is there are no templates to use for a subpona duces tecum. I want to subpoena all corresondances between the defendant, Equifax, and/or myself regarding the reporting of the account. If someone has successfully written one or knows how to properly write one for Federal Court I would appreciate any assistance.

 

 

You will need to read FRCP. In California, pro se litigants can have a court clerk sign the subpoena. An attorney is an officer of the court and can sign subpoenas on behalf of the client.

 

 

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[RealtorKen]

Why are you wasting time asking Palisades if they received a dispute from EQ?  Why didn't you just subpoena EQ's records to see if they sent the dispute and how Palisades replied?

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One of the downfalls of Pro Se... Equifax requires a Judge signed subpoena, everytime I have tried to have the court sign an affidavit they return the unsigned subpoena. So I was planning to have the judge sign the subpoena at my motion hearing. The other problem is there are no templates to use for a subpona duces tecum. I want to subpoena all corresondances between the defendant, Equifax, and/or myself regarding the reporting of the account. If someone has successfully written one or knows how to properly write one for Federal Court I would appreciate any assistance.

 

 

You will need to read FRCP. In California, pro se litigants can have a court clerk sign the subpoena. An attorney is an officer of the court and can sign subpoenas on behalf of the client.

 

 

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I have tried to have the court clerk sign... They won't because Equifax is not a NJ company or something. I have tried on 3 occasions to get the clerk to sign.

[extracredit]

I'm a first time poster, but have been reading this board for quite awhile. I'm a student working on a project regarding the FDCPA and FCRA. I have been monitoring this case with great interest. On RealtorKen's "Key Points" -- there are two that you may want to do some more research on -- the wrong amount (253 vs 253.37) and wrong account type (open).

 

There is an organization called the "Consumer Data Information Association". It is a trade association of credit bureaus. They publish the instruction guide on how the Metro 2 reporting requiremeents of the FCRA were to be implemented. Under an affiliated group (Associated Credit Bureaus, Inc)the guide is published as "Credit Reporting Resource Guide". You can buy it from their web site or may be able to find it in a college or public library.

 

Anyway, the items that I call your attention to are:

 

1. The current balance is reported in field 21 of the "base segment" -- as defined in the guide, it is to be reported in "whole dollars only".

 

2. It is possible that the phrase "open" that you are referring to is not an account type/status, but is rather the "Portfolio Type" (field 8 of the base segment). The possible values for this field are:

"C" -- Line of Credit

"I" -- Installment

"M" -- Mortgage

"O" -- Open

"R" -- Revolving

Under these definitions, I think the correct portfolio type for this account is in fact "Open".

 

I think your other points are quite solid, so for my two cents, I wouldn't water down the discussion with weaker points.

[pryan67]

I'm a first time poster, but have been reading this board for quite awhile.  I'm a student working on a project regarding the FDCPA and FCRA.  I have been monitoring this case with great interest.  On RealtorKen's "Key Points" -- there are two that you may want to do some more research on -- the wrong amount (253 vs 253.37) and wrong account type (open).

 

There is an organization called the "Consumer Data Information Association".  It is a trade association of credit bureaus.  They publish the instruction guide on how the Metro 2 reporting requiremeents of the FCRA were to be implemented.  Under an affiliated group (Associated Credit Bureaus, Inc)the guide is published as "Credit Reporting Resource Guide".  You can buy it from their web site or may be able to find it in a college or public library.

 

Anyway, the items that I call your attention to are:

 

1.  The current balance is reported in field 21 of the "base segment" -- as defined in the guide, it is to be reported in "whole dollars only".

 

2.  It is possible that the phrase "open" that you are referring to is not an account type/status, but is rather the "Portfolio Type" (field 8 of the base segment).  The possible values for this field are:

              "C" -- Line of Credit

              "I" -- Installment

              "M" -- Mortgage

              "O" -- Open

              "R" -- Revolving

Under these definitions, I think the correct portfolio type for this account is in fact "Open".

 

I think your other points are quite solid, so for my two cents, I wouldn't water down the discussion with weaker points.

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Welcome to th board...glad you're here...always good to have people well versed on FCRA/FDCPA...

 

I think you have a point as far as the amount goes...that's minor, but might as well pop that in there since he's filed anyway...the more violations the merrier...worst case, the judge tosses THAT count...

 

 

BUT....as to your second point...for one thing, the CA does NOT have an open account type with RealtorKen...if they did, then you'd have a point...regardless of the "portfolio type"...if the CA can't report correctly due to limitations of the Metro-2 format (which I don't buy, because I HAVE seen CAs list them correctly from this statndpoint), then they shouldn't report at all.

 

Also, even if what you say IS correct (which it may be, but I don't think so based upon my own experiences), the original account was NOT an "open" account type...so either way, he's got them on SEVERAL violations of FCRA and FDCPA in this particular case, for reporting as "open" and verifying it as such

[dilligaf]

Hello.

 

I am pretty new to the forums and have been reading my a$$ off since joining.

 

I came across this thread last night and got to about page 17 before passing out. I had to get some sleep, yet, I didn't want to stop reading.

 

All I can say is WOW!

 

Way to go Ken

 

Keep up the good work!

[RealtorKen]

I'm a first time poster, but have been reading this board for quite awhile.  I'm a student working on a project regarding the FDCPA and FCRA.  I have been monitoring this case with great interest.  On RealtorKen's "Key Points" -- there are two that you may want to do some more research on -- the wrong amount (253 vs 253.37) and wrong account type (open).

 

There is an organization called the "Consumer Data Information Association".  It is a trade association of credit bureaus.  They publish the instruction guide on how the Metro 2 reporting requiremeents of the FCRA were to be implemented.  Under an affiliated group (Associated Credit Bureaus, Inc)the guide is published as "Credit Reporting Resource Guide".  You can buy it from their web site or may be able to find it in a college or public library.

 

I actually have visited the CDIA on sever occasions and printed the info out to use with the case but, I might purchase the guide.  Thanks for making me aware of it.

 

Anyway, the items that I call your attention to are:

 

1.  The current balance is reported in field 21 of the "base segment" -- as defined in the guide, it is to be reported in "whole dollars only".

 

2.  It is possible that the phrase "open" that you are referring to is not an account type/status, but is rather the "Portfolio Type" (field 8 of the base segment).  The possible values for this field are:

              "C" -- Line of Credit

              "I" -- Installment

              "M" -- Mortgage

              "O" -- Open

              "R" -- Revolving

Under these definitions, I think the correct portfolio type for this account is in fact "Open".

 

I think your other points are quite solid, so for my two cents, I wouldn't water down the discussion with weaker points.

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Welcome to th board...glad you're here...always good to have people well versed on FCRA/FDCPA...

 

I think you have a point as far as the amount goes...that's minor, but might as well pop that in there since he's filed anyway...the more violations the merrier...worst case, the judge tosses THAT count...

The way I am looking at it is... There are a number of violations that fall under the same statute. So, I might as well include all potential violations as small as they are. Multiple violations under the same statute will be used to ensure that I am succesful in proving the Defendants violated a particular statue.

 

Another thing to consider is, when it comes to reporting both dollars and cents... Why do other data furnishers report both? I have accounts listed on my reports that include the cents, so if they say its "industry standards" that prevent them from reporting the actual amount, then why do others on my EQ have it and why did the Defendant include the cents when reporting to my TransUnion file which has already been submitted as an exhibit.

 

BUT....as to your second point...for one thing, the CA does NOT have an open account type with RealtorKen...if they did, then you'd have a point...regardless of the "portfolio type"...if the CA can't report correctly due to limitations of the Metro-2 format (which I don't buy, because I HAVE seen CAs list them correctly from this statndpoint), then they shouldn't report at all.

I agree with Pryan here, I have seen the term COLLECTION listed in account type before

 

Also, even if what you say IS correct (which it may be, but I don't think so based upon my own experiences), the original account was NOT an "open" account type...so either way, he's got them on SEVERAL violations of FCRA and FDCPA in this particular case, for reporting as "open" and verifying it as such

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[RoadtoSuccess]

There is an organization called the "Consumer Data Information Association".  It is a trade association of credit bureaus.  They publish the instruction guide on how the Metro 2 reporting requiremeents of the FCRA were to be implemented.  Under an affiliated group (Associated Credit Bureaus, Inc)the guide is published as "Credit Reporting Resource Guide".  You can buy it from their web site or may be able to find it in a college or public library.

 

 

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Is this what you are talking about?

 

http://www.cdiaonline.org/pdf/Metro_2_Format_2003.pdf

 

Free!

[RealtorKen]

Hmm thats a good one... I wonder if that is what he was referring to... If it is notice on Page 47 it shows the following:

17B Payment Rating

When the Account Status (Field 17A) contains 05,

13, 65, 88, 89, 94 or 95, this field must also be

reported.

The Payment Rating contains a code that properly

identifies whether the account is current, past

due, in collections or charged off within the

activity period being reported. Values

available:

0 = Current account

1 = 30 - 59 days past due date

2 = 60 - 89 days past due date

3 = 90 - 119 days past due date

4 = 120 - 149 days past due date

5 = 150 - 179 days past due date

6 = 180 or more days past due date

G = Collection

L = Charge-off

For example, if the account was paid in July 2003,

but the consumer was 30 days past the due date

in July prior to paying the account, report Account

Status Code = 13 and Payment Rating = 1.

 

 

Now if you notice THERE IS A PROPER CODE "G" that collection agencies should be reporting as the Payment rating.

 

 

And then if you continue to read through it shows the following :

 

#18 Payment History Profile

Contains up to 24 months of consecutive payment

activity for the previous 24 calendar months prior to

the activity date being reported. Report one month’s

payment record in each byte from the left to right in

most recent to least recent order. The first byte

should represent the previous month’s status.

Values available:

0 = 0 payments past due (current account)

1 = 30 - 59 days past due date

2 = 60 - 89 days past due date

3 = 90 - 119 days past due date

4 = 120 - 149 days past due date

5 = 150 - 179 days past due date

6 = 180 or more days past due date

B = No payment history available prior to this

time. A “B” may not be embedded within

other values.

D = No payment history available this month. A

“D” may be embedded in the payment

pattern.

E = Zero balance and current account

G = Collection

H = Foreclosure

J = Voluntary Surrender

K = Repossession

L = Charge-off

No other values are acceptable in this field.

If a full 24 months of history are not available for

reporting, the ending positions of this field should be

filled with Bs.

The Payment History Profile is intended to be used to

report monthly history, regardless of the Terms

Frequency.

Reporting of the Payment History Profile provides a

method for automated correction of erroneously

reported history.

Exhibit 5 provides examples of reporting payment

history.

 

 

Also, this is very interesting:

20 Compliance Condition Code

Allows the reporting of a condition that is

required for legal compliance; e.g., according

to the Fair Credit Reporting Act (FCRA) or Fair

Credit Billing Act (FCBA). Values available:

XA = Account closed at consumer’s request.

XB = Account information disputed by

consumer. (Meets requirements of the

Fair Credit Reporting Act)

XC = Completed investigation of FCRA dispute

— consumer disagrees.

XD= Account closed at consumer’s request

and in dispute under FCRA.

XE = Account closed at consumer’s request

and dispute investigation completed,

consumer disagrees. (To be used for

FCRA or FCBA disputes.)

XF = Account in dispute under Fair Credit

Billing Act.

XG = FCBA Dispute resolved — consumer

disagrees.

XH = Account previously in dispute — now

resolved, reported by data furnisher.

XJ = Account closed at consumer’s request

and in dispute under FCBA

XR = Removes the most recently reported

Compliance Condition Code.

Note: Do not use XR as a default

value.

The code should be reported one time and will

be deleted only when another code or the XR

(Remove value) is reported.

For example, if an account is reported with

Compliance Condition Code XB in July 1998,

and is then reported with Compliance Condition

Code XC in November 1998, the XB is replaced

with the XC. If the account is then reported in

January 1999 with code XR, the XC value is

removed.

Note: Compliance Condition Codes XA,

XD, XE and XJ, which refer to

accounts closed at consumer’s

request, apply to Portfolio Types

C (Line of Credit), O (Open) and Revolving

 

 

 

Then if you goto page 86 you find a very informative bit of information. You come to "Account Type Codes by Industry" CODE 48 is for Account Type- COLLECTION ACCOUNT.

 

OK EVEN MORE IMPORTANTLY!! PAGE 134!!!!!

 

This proves that a collection agency can once again NOT report it as an "OPEN" type of account because the collection agency did not extend any credit to the debtor.

 

Open

(Portfolio Type)

Credit extended to a consumer based on an estimate of

the general ability to pay. The entire balance is due

upon demand.

 

OK Just found some contradictory information, this is saying how a collection agency should report. Nonetheless, it shows that the Defendants did not follow a number of instructions:

 

THIRD PARTY COLLECTION AGENCY/DEBT PURCHASER/FACTORING

COMPANY REPORTING GUIDELINES

CREDIT REPORTING RESOURCE GUIDE | 10-3

Copyright 2003 © Consumer Data Industry Association

1. Consumer Account Number (Base Segment, Field 7)

• Report the individual’s complete and unique account number as extracted from

your file.

• If the account number changes, report the L1 Segment. See field definitions in the

Metro 2 Format.

Note: Notify your consumer reporting agencies the first time this situation occurs.

2. Portfolio Type (Base Segment, Field 8) — O (Open)

3. Account Type Codes (Base Segment, Field 9)

• 48 — Collection Agency/Attorney

• 77 — Returned Check

• 0C — Factoring Company Account (includes Debt Purchasers)

4. Date Opened (Base Segment, Field 10) — the date the account was placed/assigned

to the third party collection agency or purchased by the debt purchaser/factoring

company. When reporting returned checks, provide the date the check was written.

5. Highest Credit or Original Loan Amount (Base Segment, Field 12) — original assigned

amount as of the date placed, assigned or purchased. When reporting returned

checks, report the original amount of the check, excluding fees and interest.

6. Terms Duration (Base Segment, Field 13) — 001

7. Account Status Codes (Base Segment, Field 17A) — report only the following:

• 93 — Account assigned to internal or external collections.

• 62 — Paid in full, was a collection account.

• DA —Delete account.

Acceptable reasons for deleting accounts are:

• Accounts which have been canceled and returned to creditor.

• Accounts which have been forwarded or sold to another entity.

• Accounts reported in error.

Do not delete paid in full collection accounts.

8. Billing Date (Base Segment, Field 24) — master file activity date.

 

 

 

THIRD PARTY COLLECTION AGENCY/DEBT PURCHASER/FACTORING

COMPANY REPORTING GUIDELINES

CREDIT REPORTING RESOURCE GUIDE | 10-4

Copyright 2003 © Consumer Data Industry Association

9. FCRA Compliance/Date of First Delinquency (Base Segment, Field 25) — the date of

the first delinquency with the original creditor that led to the account being placed

for collection or sold. If this date is not available, use the date the account was

opened with the original credit grantor.

Example:

Credit Grantor Reports:

Status

Code Definition Activity Date

Date of First

Delinquency

11 Current January Zero-fill

71 30 days past the due date February 02/28/2003

78 60 days past the due date March 02/28/2003

80 90 days past the due date April 02/28/2003

82 120 days past the due date May 02/28/2003

83 150 days past the due date June 02/28/2003

 

Account is assigned to collection agency or sold to debt purchaser/factoring company.

Collection Agency/Debt Purchaser/Factoring Company Reports:

Status

Code Definition Activity Date

Date of First

Delinquency

93 Collection August 02/28/2003

93 Collection September 02/28/2003

Consumer agrees to a

repayment plan. First

payment is received by

collection agency/debt

purchaser/factoring company

or credit grantor’s internal

collection department.

93 Collection October 02/28/2003

Consumer continues to make

payments. Balance amount Is

reported as decreasing.

62 Paid collection account November 02/28/2003

Balance amount is reported

as zero.

[screwedbysears]

Should a collection account ever be code as installment? when I have never made arrangements for it to be or even if I did?

[RealtorKen]

Should a collection account ever be code as installment? when I have never made arrangements for it to be or even if I did?

<{POST_SNAPBACK}>

 

 

I would say according to this it would be NO...

 

They are telling collection agencies Exactly how they should be reporting the accounts.

[hurricanesfans27]

Status of this case? I dont want to read 30 pages

[RealtorKen]

Status of this case?  I dont want to read 30 pages

<{POST_SNAPBACK}>

 

Just goto post #728 a couple up from here

Edited September 2, 2005 by RealtorKen

[IDare]

Should a collection account ever be code as installment? when I have never made arrangements for it to be or even if I did?

<{POST_SNAPBACK}>

 

 

I would say according to this it would be NO...

 

They are telling collection agencies Exactly how they should be reporting the accounts.

<{POST_SNAPBACK}>

 

This raises the question: Does the FCRA treat JDB's the same as CA's? I know the FDCPA does, but is there ANY way that the "debt purchaser" is able to evade the laws governing CA's when it comes to FCRA vs FDCPA?