topic Re: Recieved a reply back from PFD in Rebuilding Your Credit

Recieved a reply back from PFD

Anonymous — Wed, 30 Jul 2008 11:11:08 GMT

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

Re: Recieved a reply back from PFD

fused — Wed, 30 Jul 2008 18:00:21 GMT

Try again.

Re: Recieved a reply back from PFD

Anonymous — Wed, 30 Jul 2008 23:55:58 GMT

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

Re: Recieved a reply back from PFD

Anonymous — Thu, 31 Jul 2008 01:05:16 GMT

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.

Re: Recieved a reply back from PFD

Anonymous — Thu, 31 Jul 2008 02:23:19 GMT

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

Re: Recieved a reply back from PFD

Anonymous — Sat, 06 Sep 2008 05:38:11 GMT

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.

Re: Recieved a reply back from PFD

Anonymous — Sat, 06 Sep 2008 08:11:52 GMT

@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.

Re: Recieved a reply back from PFD

Anonymous — Sat, 06 Sep 2008 08:34:03 GMT

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?

Re: Recieved a reply back from PFD

Anonymous — Sat, 06 Sep 2008 09:41:36 GMT

@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

Re: Recieved a reply back from PFD

Anonymous — Sat, 06 Sep 2008 09:41:01 GMT

I am going to send an OC letter.

Re: Recieved a reply back from PFD

Anonymous — Mon, 20 Oct 2008 01:42:16 GMT

On 6 Sep 08 I sent The Swiss Colony a CMRRR OC letter to verify the debt they claim I owe, here's a copy of that letter.

I recently pulled my credit report from Experian, and noticed this account was listed on my report as a collection I immediately disputed this information with Experian and the results of the investigation came back as "verified".
Since I have disputed the account with the credit bureau, and you have verified it, I would like to see what sort of records you have for this alleged account. Under the new FACTA laws, you are required to conduct an investigation on this account, and I am now requesting it.

In order to clear up this matter, I would like to see: Complete account history, including, all statements, records of all activity, payments, collection attempts, and any charges added for collection activity; In short, any and all documentation pertaining to this account

If you don't respond with the results of the investigation (as is required per the FCRA), I will assume you have no documentation and therefore you were negligent in providing the credit bureaus with inaccurate information. At this point, you would also be in violation of the FCRA merely for not responding within the 30-day period.

They received this letter on 9 Sep 08, on 11 Sep 08 they marked the account on my credit report as follows:

Status: NO STATUS

Date Opened: 12/2003

Date of Status: 07/2004

Reported Since: 06/2004

Last Reported Date: NA

Type: NA

Terms: NA

Monthly Payment: NA

Responsibility: Individual

Credit limit: NA

High Balance: NA

Recent Balance: NA

Recent Payment: NA

Your Statement: Account in dispute under Fair Credit Billing Act.

On 6 Oct 08 I checked my EX CR, and behold they had updated this account, and I never received no verification in regards to the debt they claim I owe. This is currently on my CR.

Status: Account charged off. $108 written off. $60 past due as of Oct 2008. Status Details: This account is scheduled to continue on record until Sep 2010.This item was verified and updated on Aug 2008.

Date Opened: 12/2003

Date of Status: 10/2008

Reported Since: 10/2008

Last Reported Date: 10/2008

Type: Revolving

Terms: N/A

Monthly Payment: $0

Responsibility: Individual

Credit Limit: $108

High Balance: $108

Recent Payment: $108

Balance History:

09/2008 $108

08 /2008 $108

07/2008 $108

06/2008 $108

05/2008 $108

04/2008 $108

03/2008 $108

02/2008 $108

01/2008 $108

12/2007 $108

11/2007 $108

10/2007 $108

09/2007 $108

08/2007 $108

07/2007 $108

06/2007 $108

05/2007 $108

04/2007 $108

03/2007 $108

02/2007 $108

01/2007 $108

12/2006 $108

11/2006 $108

10/2006 $108

So I filed a complaint with the BBB, something told me to check if a response had been left, and here it is.

Mr.XXX has disputed this account numerous times prior tho the letter cited in his complaint. Since Mr. XXX did not provide specific information regarding his dispute (he did not, for example claim that the account had been paid), Swiss Colony assumed he was disputing ownership of the account. Mr. XXX was sent a packet that included an Identity Theft Affidavit, which would allow Mr. XXX to avow, under penalty of perjury, that the account was not his. He has never returned the affidavit.

Without additional information from Mr. XXX, Swiss Colony conducted an investigation using the information that was available to it - its own records - and concluded that the account belonged to Mr. XXX. A letter informing him of this result was mailed to Mr. XXX on 29 Aug 08.

Under the FACT Act, a furnisher of information is not required to conduct a new investigation every time a consumer realleges the same, unsupported dispute. Mr. XXX letter provides no new information regarding his dispute, it simply restates his previous dispute. If Mr. XXX wishes to cooperate in the investigation of his claims and provide some supporting information, Swiss Colony will renew its investigation.

In the absence of such information, Swiss Colony will consider any future filing of repetitious and unsupported disputes to be frivolous and harassing.

I never disputed having an account with this company, my dispute is the dept they claim I owe. When I sent the PFD Letter they told me that this account had been turned over to a CA, but there is no CA reporting, just the OC. I never, ever received a letter informing me of the results of the OC Letter, I noticed they claimed they resolved this after reviewing my CR, which I never saw the results. I went on another site in regards to complaints against this company, and noticed that someone else had a similar problem and was sent the same Identity Theft Affidavit form, and was told by a lawyer that they do not have to fill out such a form. (Drivers License #, SS'#, Birth Date etc. etc.) to much information given out. I just finished resolving an issue with the DOE, where they provided proof that I still owe, I in turn contacted the CA, made a deal and saved myself almost 400.00 to get that matter resolved. I am not trying to get out of a debt, if it's mine, but prove it. Not only did I file a complaint with the BBB, also the FTC, next will be the AG Office in the state. Any suggestions on what point of attack I must take now? My EX score was at 639 in Aug, 645 in Sep, now it's at 545 because of this. Help is needed. Thank you

Re: Received a reply back from PFD

Anonymous — Mon, 20 Oct 2008 21:42:10 GMT

When filing a complaint with the AG Office, what copies of information do I send to them?

Re: Received a reply back from PFD

Anonymous — Tue, 21 Oct 2008 05:20:32 GMT

Are there no suggestions?

Re: Received a reply back from PFD

Anonymous — Tue, 21 Oct 2008 20:55:29 GMT

What state are you in?

Re: Received a reply back from PFD

Anonymous — Tue, 21 Oct 2008 23:19:02 GMT

California