BBB, FTC and AG

[Andromeda76]

I had an OC (gateway) that would not verify my old debt and I sent a letter to them several times.

 

Which of the above agencies are most effective in getting this TL removed?

 

Or should I send a letter to ALL of them at the same time?

[Norsha]

I had an OC (gateway) that would not verify my old debt and I sent a letter to them several times.

 

Which of the above agencies are most effective in getting this TL removed?

 

Or should I send a letter to ALL of them at the same time?

 

I would start with BBB. Most have online complaints. This will get Gateways attention and then you can threaten FTC and AG complaints later as incentive for them to help you out quickly.

 

FTC and AG always give me generic responses, but BBB actually do their job.

 

Norsh

Edited January 13, 2008 by Norsha

[Andromeda76]

Any other thoughts? I like to explore all of my options, prior to making a move!

[KCCutie]

You may have already heard this, but just in case....

 

OCs don't HAVE to verify so be careful how you word your complaint. You want to say I requested info and they haven't responded and I just want to make sure this isn't a fraudlent acct....or something like that. If you strat saying they are obligated to verify you may paint yourself into a corner.

[KYBOSH]

I got for all 3 at the same time.

No need beating around the bush!

 

Getting bombarded by 3 agencies/bureaus at once usually does the trip.

Especially when you have proof that a law was broken.

 

But you know an OC doesnt have to "validate" as we know it with the 1-2 punch.

 

What you want to ask for is a record of the account as afforded to you by FACTA.

 

If they deny that then you go them on some juicy stuff.

 

Good Luck

[Andromeda76]

You may have already heard this, but just in case....

 

OCs don't HAVE to verify so be careful how you word your complaint. You want to say I requested info and they haven't responded and I just want to make sure this isn't a fraudlent acct....or something like that. If you strat saying they are obligated to verify you may paint yourself into a corner.

 

 

I remember reading that an OC have to verify an account under the FACT Act. But I did use the "want to verify information on my CRs, etc" script.

 

Gateway first sent me a letter back saying that they don't have to verify information. So I sent a second letter stating that under the FACT Act blah blah.

 

I haven't receive a response and it's been over 30 days.

[Andromeda76]

I got for all 3 at the same time.

No need beating around the bush!

 

Getting bombarded by 3 agencies/bureaus at once usually does the trip.

Especially when you have proof that a law was broken.

 

But you know an OC doesnt have to "validate" as we know it with the 1-2 punch.

 

What you want to ask for is a record of the account as afforded to you by FACTA.

 

If they deny that then you go them on some juicy stuff.

 

Good Luck

 

 

Actually Kybosh, Gateway sent me a letter saying that they disagree with me and that they don't have to validate. NEVER did I ask for VALIDATION, I asked for verification under the FCRA.

 

Which shows that someone at Gateway, doesn't know their credit laws.

 

I may try with the BBB and FTC first. If that doesn't work then the AG; then a lawyer.

 

Thanks!

[KYBOSH]

good luck!

And please keep us posted on this.

i always need a refresher on this stuff...

[jack1212]

I got for all 3 at the same time.

No need beating around the bush!

 

Getting bombarded by 3 agencies/bureaus at once usually does the trip.

Especially when you have proof that a law was broken.

 

But you know an OC doesnt have to "validate" as we know it with the 1-2 punch.

 

What you want to ask for is a record of the account as afforded to you by FACTA.

 

If they deny that then you go them on some juicy stuff.

 

Good Luck

 

 

jack1212

[Andromeda76]

Thanks everyone!

 

I have another question.

 

 

How do you dispute with the BBB and FTC? Do you dispute online with these agencies or do you send a letter with your documented proof?

[jack1212]

You can do both online, i always have. Just print off the case number when your complaint is done.

[Andromeda76]

Cool thanks!

[KYBOSH]

most bbb complaints can be done online and you can upload you supporting docs. Sending docs to the ftc is a waste of paper and trees as they usually only record your complaint and dont take action on individual cases. Rarely they may ask u for additional docs. Therefore online complaints for the FTC is best too.

Dont sleep on your state's AG office. Most consumer protection offices are run under the AG's office. And its the AGs job to enforce state laws. Chances are Gateway is violating state law as well.

[jack1212]

he's right. As for the FTC, it goes into the complaint "pile". One compliant doesnt make a huge impact, just when they add up.

 

And yes stay on the AG office. Ask for updates after a reasonable amount of time.

 

Dont forget the permit holders! Check your state laws and see if they violated any permit issues.

[Andromeda76]

he's right. As for the FTC, it goes into the complaint "pile". One compliant doesnt make a huge impact, just when they add up.

 

And yes stay on the AG office. Ask for updates after a reasonable amount of time.

 

Dont forget the permit holders! Check your state laws and see if they violated any permit issues.

 

 

I'm sorry what do you mean by permit holders?

 

I live in Illinois, as far as I know IL don't have any state credit laws that are different from the federal.

[Andromeda76]

most bbb complaints can be done online and you can upload you supporting docs. Sending docs to the ftc is a waste of paper and trees as they usually only record your complaint and dont take action on individual cases. Rarely they may ask u for additional docs. Therefore online complaints for the FTC is best too.

Dont sleep on your state's AG office. Most consumer protection offices are run under the AG's office. And its the AGs job to enforce state laws. Chances are Gateway is violating state law as well.

 

 

Thanks Kybosh, I'll send to all three bureaus, with my demands for deletion of this TL.

[Andromeda76]

This is the letter that I am going to send to the BBB (I will tweak it for the AG). I would like for someone to critique it.

 

I never had to send a letter to the BBB before and I'm curious about everyone's responses.

 

THANKS!

 

After a through review of all three of my credit reports, I noticed that Gateway/CBSD was reporting some deregatory information. I have disputed this trade line several times with all three credit bureaus with a verification of this account each time.

 

In early November 2007 I again reviewed a copy of my credit reports from all three credit bureaus. I disputed this account again with all three credit bureaus with a verification of this account yet again.

 

I sent a letter to Gateway on 11/15/07 by certified mail with return receipt, which Gateway signed on 11/20/07 as received. I provided the account number to Gateway requesting information of this account. I also requested that if Gateway is unable to furnish this information that the account be deleted from all three credit reports pursuant to the Fair Credit Reporting Agency.

 

On 11/27/07 I received a letter from Gateway that stated "We have reviewed your recent letter concerning your claim that the bank has an obligation under federal law to validate the debt within 30 days of your letter. We respectfully disagree with your interpretation of the applicable laws and thus decline to respond further to your inquiry."

 

I sent a second letter on 12/11/07 and Gateway received on 12/13/07. Stressing that I was requesting information on the account under the FACT Act, if unable to verify I asked for a deletion of this account. Additionally, I bought to Gateway’s attention that this account has been verified several times, thus Gateway should be able to provide the requested information to me.

 

I have attached supporting documents as evidence of my communications with Gatway as well as the verified letter that was received from all three credit bureaus.

 

My letters were ignored and my rights were violated under the Fair and Accurate Credit Transactions Act. Due to this violation of my rights, I would like for Gateway to delete this tradeline on all three credit reports.

 

Gateway has had plenty of time to provide the requested information and on both occasions they have chosen to ignore me as if my consumer rights don’t matter. Creditors should not be allowed to disregard the laws and operate under their own set of rules nor should they simply ignore consumer’s requests for information as afforded to them under the laws.

 

Please note that along with this complaint, I am also submitting a complaint to the FTC as well as the Attorney General's offices of Illinois and Iowa.

[aluminumfalcon]

Thanks for the information in these posts, I was wondering how effective it would be to write the BBB, nice to know they are an option.

[jack1212]

This is the letter that I am going to send to the BBB (I will tweak it for the AG). I would like for someone to critique it.

 

I never had to send a letter to the BBB before and I'm curious about everyone's responses.

 

THANKS!

 

After a through review of all three of my credit reports, I noticed that Gateway/CBSD was reporting some deregatory information. I have disputed this trade line several times with all three credit bureaus with a verification of this account each time.

 

In early November 2007 I again reviewed a copy of my credit reports from all three credit bureaus. I disputed this account again with all three credit bureaus with a verification of this account yet again.

 

I sent a letter to Gateway on 11/15/07 by certified mail with return receipt, which Gateway signed on 11/20/07 as received. I provided the account number to Gateway requesting information of this account. I also requested that if Gateway is unable to furnish this information that the account be deleted from all three credit reports pursuant to the Fair Credit Reporting Agency. (Act, not Agency)

 

On 11/27/07 I received a letter from Gateway that stated "We have reviewed your recent letter concerning your claim that the bank has an obligation under federal law to validate the debt within 30 days of your letter. We respectfully disagree with your interpretation of the applicable laws and thus decline to respond further to your inquiry."

 

I sent a second letter on 12/11/07 and Gateway received on 12/13/07. Stressing that I was requesting information on the account under the FACT Act, if unable to verify I asked for a deletion of this account. Additionally, I bought to Gateway’s attention that this account has been verified several times, thus Gateway should be able to provide the requested information to me.

 

I have attached supporting documents as evidence of my communications with Gatway as well as the verified letter that was received from all three credit bureaus.

 

My letters were ignored and my rights were violated under the Fair and Accurate Credit Transactions Act. Due to this violation of my rights, I would like for Gateway to delete this tradeline on all three credit reports.

 

Gateway has had plenty of time to provide the requested information and on both occasions they have chosen to ignore me as if my consumer rights don’t matter. Creditors should not be allowed to disregard the laws and operate under their own set of rules nor should they simply ignore consumer’s requests for information as afforded to them under the laws.

 

Please note that along with this complaint, I am also submitting a complaint to the FTC as well as the Attorney General's offices of Illinois and Iowa.

[Andromeda76]

hehehe! DUH! Thanks Jack!

[Andromeda76]

I sent off my FTC and BBB will type up the AG letter this weekend. On the BBB site (it directed me to Iowa) there was no way for me to upload my documents. But I have them scanned so if Gateway or the BBB ask for proof I'll have it.

 

I have another question:

 

Is it true that the FACT Act is only valid from 7/04 and forward?

 

Because this account date of last activity was 7/04.

[Andromeda76]

I posted this as a separate question. So please just ignore it.

 

 

UPDATE......

 

I sent letters to the BBB, FTC, AG (my state and theirs) and Gateway sent me a packet with all of my statements. I haven't heard anything from the AG's ofice as of yet. Hopefully soon.

 

But didn't Gateway still violated the FCRA, by not verifying the information when I first requested it?

 

Also, do I have enough grounds to take them to court (with a lawyer of course)? Or should I wait to hear from the AG's office?

[jack1212]

he's right. As for the FTC, it goes into the complaint "pile". One compliant doesnt make a huge impact, just when they add up.

 

And yes stay on the AG office. Ask for updates after a reasonable amount of time.

 

Dont forget the permit holders! Check your state laws and see if they violated any permit issues.

 

 

I'm sorry what do you mean by permit holders?

 

I live in Illinois, as far as I know IL don't have any state credit laws that are different from the federal.

 

They are the ones who issue the permit/license to collect.

[jack1212]

I posted this as a separate question. So please just ignore it.

 

 

UPDATE......

 

I sent letters to the BBB, FTC, AG (my state and theirs) and Gateway sent me a packet with all of my statements. I haven't heard anything from the AG's ofice as of yet. Hopefully soon.

 

But didn't Gateway still violated the FCRA, by not verifying the information when I first requested it?

 

Also, do I have enough grounds to take them to court (with a lawyer of course)? Or should I wait to hear from the AG's office?

 

IMO, court should always be the last resort, not the first. It looks good on a consumer when he can say "I did everything possible to resolve this prior to suit". Makes the Defense look like uncooperating goons, which im sure most judges, would not like.

[Andromeda76]

I posted this as a separate question. So please just ignore it.

 

 

UPDATE......

 

I sent letters to the BBB, FTC, AG (my state and theirs) and Gateway sent me a packet with all of my statements. I haven't heard anything from the AG's ofice as of yet. Hopefully soon.

 

But didn't Gateway still violated the FCRA, by not verifying the information when I first requested it?

 

Also, do I have enough grounds to take them to court (with a lawyer of course)? Or should I wait to hear from the AG's office?

 

IMO, court should always be the last resort, not the first. It looks good on a consumer when he can say "I did everything possible to resolve this prior to suit". Makes the Defense look like uncooperating goons, which im sure most judges, would not like.

 

 

I got your PM Jack. Thanks for the advice.

 

I'm going to use your suggestion and see where it goes.