10-20-2012 05:15 AM
10-20-2012 05:20 AM
And cost me 3 fico points. I need to know how to best handle this. I checked my CR and saw it there with a different balance then before and the CA is different.
On a side note...my old Cap1 account balance finally reported the right balance and I gained 15 FAKO points from it.
Did the OC charge off come back? Or did it come back with a different colleciton agency?
And how was it removed originally? Via dispute?
10-20-2012 05:26 AM
10-20-2012 05:29 AM
It was AFNI originally and I DV'd them and they deleted it. Now it's back as IC Systems with a $200 increase to the balance.
Okay, well there is nothing wrong with that in and of itself... CA's sell accounts all the time..
I would DV IC Systems; if ANFI couldn't validate, IC Systems likely cannot.
The only time reinsertion of an account posses potential FCRA violations is if the SAME creditor reinserted information after a deletion due to dispute.
Voluntary removal isn't part of that, and since this is a new company, you have to tackle the debt the same as a new one..
This is why DV deletions are double edged swords. As long as the debt exists, it can come back
10-20-2012 05:44 AM
Thanks Scott. Seems like a certified mail is in order.
Yeah; I would definitely send a DV asap..
Did they ever send a dunning on this? You might be able to leverage them because reporting to a CRA is considered collection activity, and if they didn't send you a dunning you could possibly use a potential FDCPA violation to your benefit in convincing them to forget about this debt....
10-20-2012 06:05 AM
No...no dunning notice. How would I leverage this?
Well, they are required to send a dunning notification witin I believe 5 days of starting collections... it might be 30.. one of the two (two lazy to look it up) and placing on a credit report is considered collection activities.. if they didn't well, thats a violation of the FDCPA..
You could send them the DV mentioning this.. or you could use a BBB complaint mentioning this.. you could report it to the FTC.. you could file a lawsuit.. you have recourse.. if the ultimate goal is to get rid of it, I would consider using this information along with a PFD so it goes away forever, because even if you are able to remove it again, it will just keep coming back with new CAs
10-20-2012 08:09 AM
The dunning notice is required within 5 days of notification to you of the collection account. Posting to your CR is covered by this too. If you do not receive a dunning notice, then they are in violation.
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