BBB and CA

[fuzzybean]

I'm sorry for all the posts this morning.  I'm so focused on my credit score right now that I just want to keep going and going and going...

I've notice many people have had success getting items deleted from their CR but contacting the BBB.  Any advice?  I've been trying to get American Collections to remove something for a long time now.  I have sent letters.  The did not validate the debt and they continue to change the date to make it look very current.  At the end of the day it's over 6 years old and they cannot validate the debt.  It should be removed.  However, it's still there.  I thought maybe going the BBB route before suing them would be a better option.

I can't even find them on the BBB site!

[my25reasons]

You have to go to the BBB site for the state that they do business out of (do you have a mailing address for them?) - and then you file a web based complaint. You can also read other complaints that have been submitted and see their resolutions.

[fuzzybean]

I only have the address from the CR.  The CA has never contacted me via mail or phone, ever!

I don't see an option to look for the state first...just company name.

[snsforever916]

I would suggest not going the BBB route unless you have an actual valid complaint with the CA with some type of FTC issue. Otherwise the BBB will be wasting time with you, when you could be contacting the credit agency and get a PFD. If you go the BBB route, good luck on having an positive outcome.

BBB should the last resort and reserved for CA companies or businesses that are doing things incorrectly or fraudulently. The fact that they haven't even contacted you and you haven't contacted them, leads me to suggest that you start with a CA debt validation.

[fuzzybean]

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@snsforever916 wrote:

I would suggest not going the BBB route unless you have an actual valid complaint with the CA with some type of FTC issue. Otherwise the BBB will be wasting time with you, when you could be contacting the credit agency and get a PFD. If you go the BBB route, good luck on having an positive outcome.

BBB should the last resort and reserved for CA companies or businesses that are doing things incorrectly or fraudulently. The fact that they haven't even contacted you and you haven't contacted them, leads me to suggest that you start with a CA debt validation.

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They replied to my first letter, but not with debt validation.  It was a letter saying I owed it and how to pay them.  They did not reply to the 2nd letter I sent.  They keep changing the date to make it look current.  This has been going on a long time.  It's been a battle with them.

[snsforever916]

Changing the date is a FTC issue and I would cntact BBB. When you find the city/state, then Google BBB city and state and it will bring you to that specific BBB location.

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@fuzzybean wrote:

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@snsforever916 wrote:

I would suggest not going the BBB route unless you have an actual valid complaint with the CA with some type of FTC issue. Otherwise the BBB will be wasting time with you, when you could be contacting the credit agency and get a PFD. If you go the BBB route, good luck on having an positive outcome.

BBB should the last resort and reserved for CA companies or businesses that are doing things incorrectly or fraudulently. The fact that they haven't even contacted you and you haven't contacted them, leads me to suggest that you start with a CA debt validation.

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They replied to my first letter, but not with debt validation.  It was a letter saying I owed it and how to pay them.  They did not reply to the 2nd letter I sent.  They keep changing the date to make it look current.  This has been going on a long time.  It's been a battle with them.

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[RobertEG]

As a preliminary, I am not sure of what would be the asserted FDCPA violation.

Sending a request for debt validation under FDCPA 809(b), providing it is timely, imposes a cease collection bar on the debt collector, not a requirement that they respond.

Lack of verification after a timely DV is not a violation in and of itself.  A violaltion would occur if and when they commenced collection activities without providing the debt verification.  What is the asserted violation?

As for complaints of debt collection practices, the BBB is certainly a legitimate and often helpful source, as they send letters and request response.

However, formal complaints under the FDCPA are delegated to the FTC, who is authorized legal authority to act on those complaints.

Pursuing legal action based on lack of resolution of a complaint may necessitate a showing of having first complained thru the FTC.

I would, prior to bringing any legal action, first send a formal complaint to the FTC.  The debt collector cannot disregard the FTC, and the courts may not consider the issue ripe for judicial action without first seeing a failure of remedy by way of the administrative complaint process set forth in the FDCPA.

[fuzzybean]

OK, perhaps not replying is not a violation but changing the dates to make it look current sure the heck is.  Also, they have now made it look like a revolving account and made my utilization go from 1% to 22%.  Not happy.