2005 sneak attack after all my hard work

[jordanmedical]

Just when I get my EX down to 1 Collection from almost 7 years ago, Jeff Cap pops up. They recently sent me verification through an assignee called Plaza Recovery. Months ago, they sent me a letter advising they closed this account as they could not verify. It was removed from TU in April. There was a savings and checking from 2005, if they agreed to close one, does that not apply with the other?

I don’t have the letter on me so can’t remember which one they deleted before.

Advice Please? Any phone number for Jefferson Capital?

[RobertEG]

Any information that was deleted based on lack of verification of its accuracy in a prior dispute cannot be reinserted unless the party who is reporting the reinsertion first provides pre-verification of its accuracy to the CRA.  If they do so, the CRA is required to advise you of that fact within 5 days of the reinsertion.  FCRA 611(a)(5)(B).

If you did not receive notice from the CRA within 5 days of a reinsertion, you can presume that the proper verifcation was not provided to the CRA, and thus that the reinsertion was not in compliance with section 611(a)(5)(B).

However, that only applies to the specific information that was the basis for the prior dispute.  It would not apply to information on another account.

Are you saying that they are now reporting on another account, or is it the same account that was involved in the dispute?

[jordanmedical]

There were 2 accounts closed back in 2005, a savings and a checking, I sent 2 Dv's (one to Jeff Cap in April for an account showing on TU and one in June to Plaza Recovery who the assigned the savings too). They responded they'd close it and the checking acct was removed from TU. Just called TU and found out Jeff Cap had previously reported a DOFD of 06/2005 for the checking account. The savings acct was never reported to the CB. They were both closed by the bank within a month of each other.

[jordanmedical]

So, I've gotten home and had a chance to check my records. The account that just showed up from Jeff Cap is not the one from Plaza Recovery nor the one they said they would remove. It's a completely different bank that I don't recognize. I never recieved a dunning on it. I disputed it on my CR, but who can I file a complaint that there was no dunning?

[RobertEG]

Lack of dunning notice is a separate issue of their lack of compliance with FDCPA 809(a).

I would immediately send them a DV.  It will be timely if no dunning notice was sent, and will thus invoke an automatic cease collection bar on them, which will remain in force until they have provided the requested debt validation.  Include in your DV an additional request for the name of the OC.

To begin dealing with the lack of dunning notice violation,  send a formal complaint to the FTC.  I also suggest that you attach a copy of that complaint to your DV, simply to advise the debt collector that you are aware of their violation.  You can also complain to others, such as your local BBB or state AG, but the FDCPA places administrative enforcement with the FTC, so that would be my first step.

If you reach a point where you can swear that you never had an account with the asserted credtior, you can additionally inititate the identity theft provisions of the FCRA, which begin by the filing of a police report, attesting that you never provided authorization for the account or transactions asserted to be the basis for the debt.

[jordanmedical]

Thanks Robert, I reported to FTC and BBB, will send the DV today. Turns out the DOFD on this account that they gave the CRA is May 2006.

[yillb]

Jefferson will work with you... they did with me, i just settled with them yesterday. 

Here is the number that i know works : 320-229-8499

Actaully one of the nicer companies ive delt with, extremely small, only like 5 people that do collections. 

good luck. 

[jordanmedical]

Thanks for the phone number. DV sent, complaints filed, and now I see they are on EQ too. This is so frustrating. I hate being blind sided like this.

[jordanmedical]

That number is to a direct person, did she help you? Did they remove from your credit report?