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Need advice before I attack CA!!

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Shellie
Valued Contributor

Need advice before I attack CA!!

My plan is to mail them all the documentation and giving them the chance to delete before I proceed further. 

 

Brief background:

Electric bill, DoFD 10/31/2011 (pretty sure)

went collections $396 (don't know the date it went, probably Jan. or Feb. or 2012)

I paid the OC small payments as I had extra money.  The OC hired the CA.

Sent to new CA 09/2013

First dunning notice from CURRENT CA 10/02/2013

DV letter signed for 10/28/2013

CA reported 11/01/2013

CA (edit) Sent the validation 11/14/2013

 

They say they didn't report until 11/25/2013.  I have copies of the myFICO alerts that show the date it hit.  I also have a report I pulled from EQ dated 11/04/2013 that shows it already on there.  The are also reporting it as disputed.

 

I think that is all the pertnent information.  Any advice is greatly appreciated. 

Message 1 of 24
23 REPLIES 23
guiness56
Epic Contributor

Re: Need advice before I attack CA!!

With all of your documentation and the many times you have reached out to the CA and they blow you off, go to the CFPB with a complaint.

Message 2 of 24
Burned2manybridgesB4
Valued Contributor

Re: Need advice before I attack CA!!

I agree, and you can upload documentation.

 

 

http://www.consumerfinance.gov/

Message 3 of 24
Shellie
Valued Contributor

Re: Need advice before I attack CA!!

So just skip contacting them all together? 

 

Should I get the green card before I make the complaint? It's at home along with the first dunning notice.

Message 4 of 24
Burned2manybridgesB4
Valued Contributor

Re: Need advice before I attack CA!!

Gather it all. Send it all. They'll contact you.

Message 5 of 24
Shellie
Valued Contributor

Re: Need advice before I attack CA!!

I looked on their page and none of the complaints seemed to fit my situation.

Message 6 of 24
RobertEG
Legendary Contributor

Re: Need advice before I attack CA!!

In my opinion, you have an issue of violation of ther cease collection bar that is not related to the accuracy of their reporting, and is not itself basis for getting their reporting deleted from your CR,

 

You can always choose to file a complaint with the CFPB, and perhaps obtain a slap on their wrist.

I highly doubt the CFPB would issue a sanction requiring credit report deletion based on their violation.

Even if they were to do so, since they have now validated, they could simply re-report.

I see little of substance to be gained.

 

Additionally, you may later need their good-will should you desire to pay via a PFD.

A formal CFPB complaint is unlikely to foster much good-will on their part.

Message 7 of 24
Shellie
Valued Contributor

Re: Need advice before I attack CA!!

@RobertEG  I thought reporting BEFORE validating when I sent them the DV letter within the 30 day window was a violation?

 

I paid the OC in full last week.

Message 8 of 24
Dbremer
New Contributor

Re: Need advice before I attack CA!!

 
Message 9 of 24
RobertEG
Legendary Contributor

Re: Need advice before I attack CA!!

Yes, it is a violation of their debt collection practices obligations under the FDCPA.

And yes, the CFPB may very well hold it to be a violation.

 

Most likely outcome would be a sanction by the CFPB ordering them not to repeat any similar violation.  I see no basis for the CFPB to order that they cannot now make reporting that is no longer barred.

Validation has now been provided, so the issue of any cease reporting bar is now moot.

 

Message 10 of 24
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