OC cant verify debt

[SmartCookie]

I just want to make sure we know all the details. 

Considering they essentially blew you off on the PFD... I would suggest holding off on a 2nd until you see what can be done with other methods.  Keep in mind you still have a bit of time for this to drop, and a smaller bit of time within the CA being able to sue.   I am hoping that the OC doesn't get much info from the CA.  If this should happen again, try to cut off the conversation once you have tried to find out if they owe the debt or not... decline their offer to research with the CA.  Whatever they are doing right now might confuse the process here.  

On the 'bill' that they sent you as a response to your PFD... did it look like they knew what they were talking about?

Lemme look around for the MOV sample.  

[dpr73]

Well stupidly SC before I got some advice, a let her tell me should would research it. Deep inside I knew I should have told her I would do but its done now probably. She hasnt called back and its been almost a couple of hours now. Should I call the OC back or should I just MOV the CRA? I have to look for the "bill" but it just look like a copy of some electronic print if I recall.

[SmartCookie]

Don't call her back.  What's done is done, no biggie. 

Go right to MOV, search the boards for examples.  There is no standard one around unfortunately... but you can edit Tuscani's one to suit the situation.

I have a good one 'somewhere' but I'm having major puter problems today and that's not helping me find it.

[dpr73]

OK thanks for your help! I only got her first name and I have the general line for the OC you think that is good enough for the MOV?

[Anonymous]

send this letter to the OC....make changes where needed.

HSBC Card Services
Attention: Bureau Dispute Processing
PO Box 19360
Portland, OR 97280

August 2, 2007

Re: Acct #xxxxxxxxxxxxxx

To Whom It May Concern:

I recently pulled my credit report from Experian, Equifax and TransUnion and noticed this account was listed on each of my reports as a collection/chargeoff. I immediately disputed this information with Experian, Equifax and TransUnion and the results of the investigation came back as "verified". I did not have an account with HSBC during this time period.

Since I have disputed the account with the credit bureaus, and you have verified them, 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.

I will seek legal action under § FCRA 623 (b) for violations of the FCRA if you do not comply and respond to me with the results of the investigation whithin 30 days of your receipt of this letter.

In order to clear up this matter, I would like to see, a signed contract showing me that I indeed had an account with your company and a complete account history. 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 accurate information. At this point, you would also be in violation of the FCRA merely for not responding within the 30-day period.

To avoid a lawsuit, I request that you remove account from my credit report. Please delete this listing or I will be forced to seek legal action.


Sincerely,

TYPE YOUR NAME     DO NOT SIGN!    send CMRRR

keep in mind that all OCs do not keep records past 2-3 years....by law they can not verify.

If you DV the CA  you are still within SOL...at least from what the CA says.

IF this is still being reported by any CRA....look for the DOFD on CR from TU and EX....you might see DOLA on CR from EQ.............If you can't find it call CRAs and ask........this is very important and then you need to pull a new report ....CA are known to change DOFD....legally the OC sets the DOFD

NEVER talk to a CA.....and at this point don't talk to the OC either! Everything in writting

Message Edited by HappyDays on 10-30-2007 01:49 PM

Message Edited by HappyDays on 10-30-2007 01:50 PM

[dpr73]

I assume you meant OC? Thanks alot Happy!

[SmartCookie]

That's a DV though and I am cautious on that as OP had sent a PFD before doing the DV... and this woman from the OC is contacting CA to compare info... so I personally wouldn't do that before MOV at this point.

I'd hope for a good and fast MOV response before they get any new info, so they can't reinsert.

[dpr73]

Well I havent heard from her so I guess I will proceed to the next phase. Thanks again.

[Anonymous]

Here is a thread that has a MOV letter in it:

http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&message.id=28399