Settlement Offer with Wrong Address

Anonymous — Thu, 24 Jan 2013 20:10:39 GMT

I have 2 accounts with NMAC which are being handed by Vital Recovery. I have negotiated a discounted payoff on both accounts of 40% of the balance. NMAC is not willing to PFD or report as paid in full, only settled in full.

I received their letters with the 40% offer, HOWEVER, the addresses for me on the 2 accounts are different, and both are addresses where I have never lived. One is a family members house, and the other is a family members office.

What are my courses of action here? File complaint with BBB?

Re: Settlement Offer with Wrong Address

RobertEG — Thu, 24 Jan 2013 20:49:35 GMT

A BBB complaint would be pretty low on my priority list. I would treat it as a simple inaccuracy.

Playing hardball on the issue is not apt to promote good will on their part in any later request for GW deletion.

First, a statement of incorrect address in a negotiation offer to you is not credit reporting, and thus not covered under the FCRA.

Second, unless a party can be shown to have knowingly reported incorrect information, even if reported to a CRA, it would not be a violation.

If it is also reported inaccurately in your CR, I would first contact them and attempt to correct informally. They may be acting on the best information available to them without any intent to knowingly reference an incorrect address. No need to involve third parties over simple inaccuracies unless or until their is some issue of willful misreporting on their part. As an aside, if you received their communications, then did they not send to your current address?

If they refuse to correct, the next step would, in my opinion, be a direct dispute under the FCRA if reported, and not a complaint to a BBB or the FTC.

topic Re: Settlement Offer with Wrong Address in Rebuilding Your Credit

Settlement Offer with Wrong Address

Re: Settlement Offer with Wrong Address