Don't know what else to do please help again.

[SSH0126]

No. Just the BBb. They just mentioned that he know it was his debt which we know that and it remained on the credit. 

[Anonymous]

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@SSH0126 wrote:

No. Just the BBb. They just mentioned that he know it was his debt which we know that and it remained on the credit. 

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Ok, first things first. You need to send a direct dispute (cite FCRA 623(a)(8), right of the consumer to dispute information directly with the furnisher) to the collector reporting the debt.  State that they are reporting an incorrect DoFD and did not sufficiently investigate and use all available information to establish a reasonable estimate of the DoFD, in accordance with FCRA requirements, and based on their clear knowledge of the debt being based on a 2008 judgement (cite their BBB response), they are "reporting information with actual knowledge of errors" which is specifically prohibited by FCRA 623(a)(1)(A). Further state that failure to properly re-investigate and immediately correct their erroneous reporting opens them to civil action on your part.

Once you have the reporting issue taken care of, then its time to attack the validity of the judgement, as suggested above, using SCRA.

[Anonymous]

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@Anonymous wrote:

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@SSH0126 wrote:

No. Just the BBb. They just mentioned that he know it was his debt which we know that and it remained on the credit. 

---

Ok, first things first. You need to send a direct dispute (cite FCRA 623(a)(8), right of the consumer to dispute information directly with the furnisher) to the collector reporting the debt.  State that they are reporting an incorrect DoFD and did not sufficiently investigate and use all available information to establish a reasonable estimate of the DoFD, in accordance with FCRA requirements, and based on their clear knowledge of the debt being based on a 2008 judgement (cite their BBB response), they are "reporting information with actual knowledge of errors" which is specifically prohibited by FCRA 623(a)(1)(A). Further state that failure to properly re-investigate and immediately correct their erroneous reporting opens them to civil action on your part.

Once you have the reporting issue taken care of, then its time to attack the validity of the judgement, as suggested above, using SCRA.

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Send your dispute via US mail, CMRRR.

[SSH0126]

So as far as the SCRA is c oncened I am not sure that will apply in this situation. I looked at the documents again. The court date was 2/24/03 and he deployed 2/28/03. They got a default judgement because he was not in court. BUT he was not able to go as he was about to deploy in a few days. 

[SSH0126]

So this is the letter that I was thinking of drafting. I feel like I should be adding something else. Anyone care to doctor it as I should have it? SO we don't make a fool of ourselves. The judgment date was 2003 and they told BBB it was 2008. 

Dear CA

Address 

etc etc 

"This is notification to you of your current non-compliane with the direct dispute provisions of FCRA 623(8)(E), "Duty of Person after receiving a notice of dispute," as further regulated under 16 CFR 660.4(e) and (f).

Your company is reporting an incorrect DoFD and did not sufficiently investigate and use all available information to establish a reasonable estimate of the DoFD, in accordance with FCRA requirements.  Based on your clear knowledge of the debt being based on a 2008 judgement (cite their BBB response), they are "reporting information with actual knowledge of errors" which is specifically prohibited by FCRA 623(a)(1)(A). Failure to properly re-investigate and immediately correct their erroneous reporting opens them to civil action on my part.

Unless your very prompt compliance with the dispostion of my direct disute is received, I will move to civil and administrative remedies to seek your compliance.

Thank you, 

Name here. 

[Old_Man]

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@SSH0126 wrote:

So as far as the SCRA is c oncened I am not sure that will apply in this situation. I looked at the documents again. The court date was 2/24/03 and he deployed 2/28/03. They got a default judgement because he was not in court. BUT he was not able to go as he was about to deploy in a few days. 

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If he was active duty at the time, he was/is protected from a default judgement.  I would dispute with the CRA's for it being obsolete due to age of the judgement, then I would talk with a lawyer about getting the judgement vacated on grounds that it violated the Soldier Sailor Act..  You might even be able to file the paper work yourself, but I would at least talk with a lawyer about it.

[SSH0126]

Gotcha. So would I just write a letter? should anything be added.that is kinda short..please help 

Dear transunion etc etc ,

Pennyrile Collection agency is reporting on a debt that resulted in a default judgement. I wasindividual was on active duty at the time. According to SCRA I should have been protected from this. The date the CA is reporting as DOFD is in 2008 which is inaccurate however I have proof that the DOFD was in 2002. Please remove this from my credit report. 

Sincerly, 

xxx

[SSH0126]

Dear CA

Address 

etc etc 

"This is notification to you of your current non-compliane with the direct dispute provisions of FCRA 623(8)(E), "Duty of Person after receiving a notice of dispute," as further regulated under 16 CFR 660.4(e) and (f).

Your company is reporting an incorrect DoFD and did not sufficiently investigate and use all available information to establish a reasonable estimate of the DoFD, in accordance with FCRA requirements.  Based on your clear knowledge of the debt being based on a 2008 judgement (cite their BBB response), they are "reporting information with actual knowledge of errors" which is specifically prohibited by FCRA 623(a)(1)(A). Failure to properly re-investigate and immediately correct their erroneous reporting opens them to civil action on my part.

Unless your very prompt compliance with the dispostion of my direct disute is received, I will move to civil and administrative remedies to seek your compliance.

Thank you, 

Name here. 

[Anonymous]

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@SSH0126 wrote:

Dear CA

Address 

etc etc 

"This is notification to you of your current non-compliance with the direct dispute provisions of FCRA 623(8)(E), "Duty of Person after receiving a notice of dispute," as further regulated under 16 CFR 660.4(e) and (f).

<add the details of their reporting here>

Your company is reporting an incorrect DoFD and did not sufficiently investigate and use all available information to establish a reasonable estimate of the DoFD, in accordance with FCRA requirements.  Based on your clear knowledge of the debt being based on a 2008 judgement (please note your BBB response as referenced below), your agency is "reporting information with actual knowledge of errors" which is specifically prohibited by FCRA 623(a)(1)(A). Your continued failure to properly re-investigate and immediately correct this erroneous reporting opens your agency to potential civil action on my part (for failure to properly re-investigate), as well as civil and administrative action by Federal Enforcement Authority,CPFB (for knowingly reporting inaccurate information).

Your prior response to my BBB complaint:

<reference the actual text of their BBB response here>

Unless your very prompt compliance with FCRA 623(8)(E), and 16 CFR 660.4(e) and (f) is obtained, I will move to administrative (CFPB) and/or civil remedies to seek your compliance, which may potentially result in considerable financial penalties levied against your agency.

Thank you, 

Name here. 

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Note suggested changes in red.

[SSH0126]

o even though the DOFD really happened in 2002 still put 2008 in the letter.