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Scammed years ago, fraudulent report remains

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COsnow
New Member

Scammed years ago, fraudulent report remains

Hello - New to the forum here, what a great site, been learning a lot. I've seen similar situations in searches but this one seems different because lots of time has past.

 

In 2008 my wife was scammed by a company called "FCS Intl dba Greentree". They got her on the phone promising to lower her credit card interest rates, got her to hand over her credit card number, never provided the services promised, and billed (surprise!) $398. An internet search of this company turns up nothing but complaints of this same scam. Unfortunately, she didn't do anything at the time besides saying pretty much 'screw you I'm not paying'. Now we are trying to purchase a house and this $398 has gone to collections and is on her credit report.

 

In the free annual report from Experian, the dates of this charge are written as:

Collection account. $398 past due as of Jun 2013. Date Opened: 12/2008 Date of Status: 6/2013 Reported Since: 6/2013 Last Reported Date: 6/2013

 

Are they re-ageing this account? Will it go away 7 years after 12/2008 or are they refreshing the date on this thing? This is not a monthly payment, but a one-time payment originating from 12/2008.

 

What steps could we take to try and get this removed at this point? Any sense in sending a debt validation letter? Do we need to hire a lawyer? We are not paying these people, it is an outright scam. Unfortunately we don't have much proof, besides the fact that the only trace of this company on the internet is complaints of the same scam. And we could probably dig up proof that the CC interest rates were never lowered.

Thanks for reading! I really appreciate any insight to this situation.

 

 

Message 1 of 3
2 REPLIES 2
RobertEG
Legendary Contributor

Re: Scammed years ago, fraudulent report remains

Unfortunately, you have a contract issue that will most likely require legal resolution rather than resolution via any FCRA or FDCPA verification process.

 

You are essentially claiming breach of contract, thus voiding the asserted debt.

When either requesting debt validation under the FDCPA or inaccuracy in credit reporting under the FCRA, they must investigate and provide you a statement that they verify the accuracy, either of the asserted debt or of their credit reporting.  Neither process has provisions for requiring them to provide documenatry evidence, or "prove" their stated verification, as neither process has a judge with the authority to require both sides to produce all relevant evidenct, or to make a legal ruling as to  who is correct.

 

You can brng your own civil action, thus requiring review of evidence by both parties, and a ruling by a judge.

I suggest you consult an atty.

 

Should you not resolve the issue, their reported collection will become excluded from your credit report no later than 7 years plus 180 days from the date you first became delinquent with the OC.  No reporting by the debt collector resets that date-certain credit report exclusion date, which is based only on the reported DOFD.

 

However, credit report exclusion only removes the collection from your credit report, it does not resolve the issue that someone out there is asserting that you owe a delinquent debt.  If future creditors become aware of an asserted, unpaid delinquent debt, it could still be an issue.

Thus, you might still want to pursue legal action to clear up the issue of the asserted debt once and for all. 

 

If they are what they appear to be, you might, in any legal action, be awarded punitive damages.

Message 2 of 3
COsnow
New Member

Re: Scammed years ago, fraudulent report remains

Thanks for the informative reply. I am going to begin collecting any supporting documents and will hopefully speak with a lawyer. I've been really concerned with the cost of taking legal action, your comment about possibly being awarded punitive damages is encouraging. But if we only threatened to bring action and they dropped the charge I would be more than happy. Right now however I don't even have any contact information for the original creditor, only the collection agency. Paying them off in exchange for removal of the negative credit information seems like the easy way out, but I have a real hard time doing that as a matter of principle.

Looks like I have some homework to do. I will dig up any relevant information I can and hopefully make a smart move. I will post back if I get anywhere with this.

Thanks again for your advice!

Message 3 of 3
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