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CA REPORTING QUESTION

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tmoney
Regular Contributor

CA REPORTING QUESTION

Greetings All,
          I  have CA (Norfolk Financial ) reporting a account that was charged off by Bankfirst in 2003
The original account from Bankfirst doesn't even appear on any of my reports. They have the account open date as March 2006 even though it was charged off in 2003 and originally opened in 1999. I
have tried DV with them and disputing with CRA to no avail. Obviously the account is pass SOL (4 years here in PA ) Any suggestions on how to remove would be gladly appreciated. By the way when I DV the CA they just send me a generic printout with account information name.  I tried the PFD which they declined  chargeoff amount 994  balance 1600   my PFD amount 25% their counter offer 1000 dollars where do I go from here ?
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Anonymous
Not applicable

Re: CA REPORTING QUESTION



tmoney wrote:
Greetings All,
          I  have CA (Norfolk Financial ) reporting a account that was charged off by Bankfirst in 2003
The original account from Bankfirst doesn't even appear on any of my reports. They have the account open date as March 2006 even though it was charged off in 2003 and originally opened in 1999. I
have tried DV with them and disputing with CRA to no avail. Obviously the account is pass SOL (4 years here in PA ) Any suggestions on how to remove would be gladly appreciated. By the way when I DV the CA they just send me a generic printout with account information name.  I tried the PFD which they declined  chargeoff amount 994  balance 1600   my PFD amount 25% their counter offer 1000 dollars where do I go from here ?


Did you send the DV  CMRRR  do you still have a copy of the letter  the CERT paper and GG?
 
I will give you another letter to send  please read it & make all the changes that are needed
 
    where it says    you have not responded to that request.......reword they sent a printout showing that someone might owe a debt BUT have not validated the debt as yours.    use your own wording!
 
 
Dear Sir/Madam:
I'm sure you know, under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity.
You recieved a request for validation from me on 9/18/07. You have not responded to that request in any way, and since that time you have updated information on my Experian credit report on 10/10/07 and on my Equifax report TWICE on 10/15/07.  Each of these updates constitutes a violation of FDCPA.
While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA.
I look forward to an uneventful resolution of this matter.
I request that all contact with me be in writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:
  • Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and
  • Agreement that bears the signature of the alleged debtor wherein they agreed to pay the original creditor.
  • Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) - Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
  • Intimate knowledge of the creation of the debt by you, the collection agency.
As you are already in violation, I expect all reference to this account be deleted from my credit report, as this entry and any update of such entry will be considered another violation. You have 5 days from the receipt of this letter to remove this account from any and all reporting agencies, or a complaint to the FTC will be immediately filed for each and every violation from 9/18/07 until this issue is resolved. It is common knowledge that your company often violates these laws and I have no doubt that if I choose to litigate that you will be held liable for your actions. It is my hope that you will comply with the law in order to avoid the hassle.
Thank You,
TYPE NAME  do not sign

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