Recieved a reply back from PFD

[Anonymous]

I sent the PFD out on 11 Jul 08 to Swiss Colony, and here is the reply that they gave me.

July 22, 2008

We received your request to validate the balance owed on account number:  xx xx

This account was referred to a collection agency on 05-29-04.  Your opportunity to request validation of this debt under the Fair Debt Collections Practices Act has expired.  Please contact the following agency to make payment arrangements on this account.

Van Ru

Des Plaines, IL 60018

Evidently she only read the first part of the PFD.  Swiss Colony is only on  my EX CR, and since this letter they have updated the CR, now it says I have 26 late payments.  Which course of action should I take now to clear this matter up?  I have never heard from or heard of this CA.

This is from the CR:

Status: Account charged off. $108 written off. $60 past due as of Jul 2008.
Status Details: This account is scheduled to continue on record until Nov 2010.
This item was verified and updated on Feb 2006. 
Date Opened:  12/2003
Type:  Revolving
Credit Limit:  $108    
Date of Status:  06/2004 
Terms:  NA
High Balance:  $108     
Reported Since:  05/2004 
Monthly Payment:  $0
Recent Balance:  $108    
Last Reported Date:  07/2008 
Responsibility:  Individual

Recent Payment:  $0  
 
Account History:  Charge Off as of Mar 2006 to Jul 2008, May 2004 
 

[fused]

Try again.

[Anonymous]

The CA that swiss colony uses is ERSolutions Phone #18004774041 dont have an address for them on my report it still shows as swiss colony debt but they use ERSolutions. You have to contact ERSolutions than they report the account toswiss colony as paid.

I paid them since  it was only $14 dollars than disputed the swiss colony account as a paid account

Hope tthis helps

[Anonymous]

Personally, I don't know how they'd expect to prove that you DIDN'T validate within the time allowed. Can they PROVE that you did, in fact, receive a notice from them (thus starting the "30 day period")? Return receipt? Your signature on anything? Nope? Then I'd say that their wholesale dismissal of your DV has no weight.

I'd DV them OFFICIALLY. See if they respond to THAT. And if you get the same letter (or similar) back, send them the 2nd DV letter. If that still doesn't work, send both RRs and letters to the CRAs.

You might also want to send a copy of all the correspondence to your state's AG and BBB, too.

Really, unless they can PROVE that you received their first notice, they've got no gas.

[Anonymous]

Thanks alot I will do exactly that.  Will keep you informed.

[Anonymous]

Well I received a response from Swiss Colony on the DV.  Here's what they said

We are writing to you in response to the recent notification we received disputing this account.

The Federal Trade Commission has developed a form for consumers to use when they suspect they are a victim of fraud or identity theft.  The form is enclosed for your convenience.

In order to begin our investigation, we ask that you complete the form and return it to :

The Swiss Colony

Attn:  Credit Department-Disputed Accounts

1112 Seventh Avenue

Monroe, WI  53566-1364

Your assistance in this matter is appreciated.

Here's a couple of issues I have with this:

1.  On 2 sep 08 they updated and verified this account with EX

2.  No where on my DV does it mention suspicion of fraud or identity theft.

3.  When I PFD them first, "They said that a CA was now handling this account to contact them".

Any suggestions on what to do next.  Should I do a 2nd DV, or do I just send copies of everything I have to EX?  Any help is welcome, I am trying so hard to get this taken care.

[Anonymous]

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@Anonymous wrote:

I sent the PFD out on 11 Jul 08 to Swiss Colony.

You can not DV an OC, they are only for collection agencies.

[Anonymous]

I had no Idea, I did exactly what was suggested in the previous reply.  So, any suggestions on how I fix this situation that I've gotten myself into?

[Anonymous]

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@Anonymous wrote:

I had no Idea, I did exactly what was suggested in the previous reply. So, any suggestions on how I fix this situation that I've gotten myself into?

---

They probably misread your post.

Is this a valid account or is it not yours?

Also, what state are you in?

Message Edited by guiness56 on 09-06-2008 02:41 AM

[Anonymous]

I am going to send an OC letter.