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Regular Contributor
Posts: 216
Registered: ‎09-25-2012
0

Can This Strategy Get A Delete?

[ Edited ]

Please, learned folks, kindly review this strategy and let me know your thoughts.

 

So Far ...:

 

1. Comcast account, being collected by Eastern Account Systems (EAS) since Nov 2011, so still within SOL.  Comcast NOT reporting, only CA is.
2. Disputed through CRAs - came back verified; DV'd EAS and came back validated.
3. Tried PFD, and EAS did not reply or even budge. Called Comcast and they are unable to help.

 

New strategy...

 

4. Pay OC (Comcast in full - about $150 & $200 each), and get receipt proving payment.
5. Send a letter to OC, stating that since account is now paid, they should close and recall the account from the CA. They may or may not, but still....
6. Check whether CA is reporting the account as "Paid Collection"
7. If CA is reporting account as "Paid Collection" (which they most likely would), send a letter to CA stating:

 

(a) their reporting of the account as "Paid Collection" is inaccurate since no payments were made directly to the CA, but rather to the OC, and
(b) that their inaccurate and false reporting is in violation of FDCPA and FCRA, Specifically;

 

FDCPA:  15 USC 1692e(8) providing false information to credit reporting agencies

FCRA:  15 U.S.C. § 1681i duties of furnishers to provide accurate information and possibly  & 15 U.S.C. § 1681s-2 - failure to provide accurate information, failure to correct reporting.

 

(c) and as a result (of a and b), they must delete the account or else get sued for willful and negligent noncompliance.

 

What do you think, folks?

 

Thanks, Oy

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Posts: 5,279
Registered: ‎03-18-2008
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Re: Can This Strategy Get A Delete?

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http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/Can-This-Strategy-Get-A-Delete/m-p/1678654#U1...

 

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