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New Contributor
Posts: 90
Registered: ‎07-27-2011
0

Writing a letter that mentions FDPCA & FCRA to have a debt removed

I did a DV for $110 collection from ebay Inc. that just showed up in my CR 2 months ago. The collection agency is EOS CCA. The SOL is 5 years away!

Therefore, can I write a letter to this CA stating:

I demand that they remove the file from my report as it is in direct violation of the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. When I signed up for eBay services, I never requested to be issued credit and your credit worthiness was not judged by eBay at the time, or at any
point during services. So, I never agreed to accept anything from them on a revolving basis (if I had, it would be through Paypal their subsidiary.)


So, will that work as I don't want to pay $110 and have this on my CR?

Valued Contributor
Posts: 2,669
Registered: ‎04-25-2011
0

Re: Writing a letter that mentions FDPCA & FCRA to have a debt removed


improvent363 wrote:

I did a DV for $110 collection from ebay Inc. that just showed up in my CR 2 months ago. The collection agency is EOS CCA. The SOL is 5 years away!

Therefore, can I write a letter to this CA stating:

I demand that they remove the file from my report as it is in direct violation of the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. When I signed up for eBay services, I never requested to be issued credit and your credit worthiness was not judged by eBay at the time, or at any
point during services. So, I never agreed to accept anything from them on a revolving basis (if I had, it would be through Paypal their subsidiary.)


So, will that work as I don't want to pay $110 and have this on my CR?


I was in the same DV situation with EOS-CCA -- they did not respond to my many letters, so I emailed and was able to get it removed that way.. I can send you the contacts I used if you'd like... Many people have had success emailing them as opposed to the usps route.. did you not receive a dunning?

 

I am not sure if I agree with your methodolgy behind this letter... Paypal is their subsidiary, but there are many instances all over the internet of Paypal debt being listed as eBay (since it is the parent company) and until a couple years ago, you didn't have to use Paypal to pay your seller fees, and eBay billed you for those directly. So if someone (not saying you, just in general) welched on their eBay fees, it went to collections if eBay wasn't able to collect in-house.

 

What do you mean 'revolving' -- how does that impact this collection count? Are they stating this was a revolving ebay account? This confused me..

 

-scott

Starting FICO Score: 10/10: TU 498 | EQ: 502 Current FICO Score(lender pull): 09/14: TU: 784 | EQ: 752 | EX: 784
Collections Removed: Hunter Warfield, CBE Group, Merchants Credit Guide, EOS-CCA, Enhanced Recovery, Portfolio Recovery, UCB, American Collection Company, Medical Business Bureau, Jefferson Capital, Credit Portfolio Associates, FCO, LVNV, Convergent, Armor Systems
Other Negative Entries Removed:Plains Commerce CO, HSBC CO, 2008 Judgment Santander Reposession


Positive Accounts:10/10: 0 | 07/12: 6 | Mortgage Closed 5/12, Macy's AMEX $13900, Citi/Home Depot $8500, Capital One Cash Rewards $3500, BOA $7500 Total Utilization: 3%. AAoA: 2yr, 9mth. INQS: 1 TU, 1 EQ, 3 EX
Epic Contributor
Posts: 25,631
Registered: ‎03-19-2007
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Re: Writing a letter that mentions FDPCA & FCRA to have a debt removed

I am not sure I understand your situation.

Did you ever initiate a request for goods or services and were billed for them?

Did you receive those goods or services, and are delinquent in payment?

 

Credit is not limited to only extension of a credit limit or receipt of a loan.

 

What sections of the FDCPA and FCRA have been violated, and how?

New Contributor
Posts: 90
Registered: ‎07-27-2011
0

Re: Writing a letter that mentions FDPCA & FCRA to have a debt removed

[ Edited ]

never mind. I check ebay user agreement and see that if i don't pay seller fees, they can hire a CA, so sending a FDPCA & FCRA won't matter.

 

So, rather than that, if I send them a PFD letter, is it still likely that they will pass a judgement even though it is only for $110? Because on the DV, it said:
"if you notify us in writing of your dispute within the thirty-day period, we will obtain verification of the debt, or a copy of a judgment against you, and a copy of such verification or judgment will be mailed to you."

Epic Contributor
Posts: 25,631
Registered: ‎03-19-2007
0

Re: Writing a letter that mentions FDPCA & FCRA to have a debt removed

JUdgments are only issued by a court, after trial. 

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Established Member
Posts: 22
Registered: ‎01-09-2013
0

Re: Writing a letter that mentions FDPCA & FCRA to have a debt removed

Can I have the email contact?

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