11-19-2012 09:02 PM
Well the past due on the LVNV is $6,351ish and keeps increasing every month but they are a CA claiming the OC is WAMU. We don't recall ever having an account with WAMU, of course Chase took over WAMU acct's and that's one of her CO's the other is Barclays Bank, also a CO and both past SOL.
I was asking about the LVNV adding to the debt every month (since they bought it as far as I can tell) being a CA just buying debt and not being an OC.
Is this against a statute?
11-20-2012 01:08 AM
As far as reporting goes for clarification the OC can report a zero balance and report the amount charged off.
Now lets start from the bottom. If you send a DV letter to LVNV they are going to respond with a letter asking you to provide documentation to further assist them in locating your file. They are basically asking you to feed yourself to the wolves. This is their stall tactic.
Now if you've never had a Washington Mutual Account then they cant report it as a WAMU account. But if you did they could report it as Chase being they now own it.
As to answer your question whats the best start? I would do a direct dispute with LVNV reminding them that it is their duty to report accurate information.
"FCRA 623(a)(2) Duty to correct and update information
A person who
(A) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person's transactions or experience with any consumer, and
(B) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any correction to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any information that remains not complete or accurate. "
I would take a two-pronged approach. I would file a direct dispute with them, asserting inaccuracy in their current reporting, requiring them to either contest the correct balance, promptly correct their reporting, or delete the inaccurate information. They have 30 days to do one of those three.
If you want to put more teeth into your bite, also file a formal complaint with the FTC for their failure to comply with section 623(a)(2).
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