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Absolutely DISGUSTING

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guiness56
Epic Contributor

Re: Absolutely DISGUSTING

Yes, proof of the OC debt should be enough.

 

I would send Jefferson a direct dispute under FCRA 623(a)(8).  They have to investigate, make corrections and/or deletions and notify you within 30 days of the results.  If they fail to do that they have violated the FCRA which is a federal law.  At that point I would file a formal complaint with the FTC for failing to abide by the FCRA.  Then I would probably seek legal advice.

 

I provided a template.  All of it will apply.  The one in red is directed specifically at a CA.  The ones in blue apply to everything in general.  And the bolded items need to stay as subparagraphs.  Be as specific as possible, provide as much detail and documentation as necessary.  Include old CR etc.

 

This is a Notice of Direct Dispute with you, under the provisions of FCRA §623(a)(8)(D), of the accuracy of information you have reported to my credit file.

     This is a direct dispute of credit reporting. This is not a request for debt validation/verification  under FDCPA §809(b)
                
In compliance with FCRA §623(a)(8)(D), and enacting regulations published at  16 CFR § 660.4, this Notice of Direct dispute includes:

 “Identification of the specific information being disputed:


           (specify the account number, and the specific information that is disputed under  that identifying account)


Basis for the dispute:

            (how the reporting was inaccurate;    was any reporting in violation of any statutory or regulatory provisions?  account or express agreements?  CRA reporting gudelines? Account not  yours? etc.)

Supporting documentation:

            (all documents that support your dispute; it is recommened to also include, as part of your documentation, at least a copy of the portion only of your   recent credit report showing their reporting of the disputed information was  actually reported to your credit flle.  The implementing rule suggests a  showing that it appeared in your credit report)

 

 

Message 11 of 20
Jon85
Frequent Contributor

Re: Absolutely DISGUSTING

Thank you for the response...

 

and if it does get deleted, do you think that I should worry that Jefferson will then sell it to another CA with the false information and that I would have to go through this process all over again with the new CA? Otherwise, the debt is supposed to fall off in June, it says it for both the OC TL and the first CA TL. 

Message 12 of 20
guiness56
Epic Contributor

Re: Absolutely DISGUSTING

I put the template in my last post.  Yes, it could easily be sold to another CA.

 

If it is not paid it can follow you around forever, it just cannot be reported on your CR.

 

Message 13 of 20
Jon85
Frequent Contributor

Re: Absolutely DISGUSTING

Ahhh, thank you for the template!!!! 

I never used one before... just copy and paste it into word processor and fill in the blue spots with my own words and leave everything else as is? Sorry, I know I'm a newbie!!! haha. Thank you sooo much again.

 

Okay, so they cannot report it on my reports but it will be around forever. I'll end up paying it, but it's not on my priority list right now, because I'm paying other things first to clean up.

 

So there's no way they could sell the debt to another CA with the false information? And if they do, I'll have to do this with the new CA too? I know you said the debt will still be there forever, but as long as it's not possible for another party AFTER Jefferson to report it on my CR with the false info that Jeff used, then I'm fine..

Message 14 of 20
guiness56
Epic Contributor

Re: Absolutely DISGUSTING

Yes, copy and paste, fill in the areas in blue with your information.  Also change the red to black if you want.  I was just highlighting it to show it was for a CA.

 

If they sell it, the information would probably be what they are reporting now.  So, yes, the possibility does exist.

 

The problem is Jefferson is showing a DoFD of 2010.  If they sold that to another CA, yes it could show up on your CR.  That is why it is important to get them to change the DoFD back to what it should be.

Message 15 of 20
Jon85
Frequent Contributor

Re: Absolutely DISGUSTING

*UPDATE*

 

Today I was starting to draft the letter I was going to write, thanks to guiness56's template. I had already filed a complaint with the BBB upon discovering this entry last Saturday.

 

As I was writing the letter, I got a formal response from the BBB. I checked it. Jefferson Capital replied back, and even though they didn't acknowledge the fact that they reaged the account, they said "we aquired this account from CompuCredit" blah blah blah in 2010 for $738 and that they don't have anything written from me for debt validation.

 

But then they said they have closed the account and will delete from all CRAs. 

In the initial complaint I wrote if they don't agree to never sell this debt to another agency, I will be filing suit due to the illegal reaging.


At the end of their response they said "This communication is confirmation that this account will not be sold."

I want to print out 5 copies of this response and laminate them and keep them in my files forever, LOL.


Thanks for all the help everyone... I guess now I don't have to write this letter.

 

Jon 

Message 16 of 20
guiness56
Epic Contributor

Re: Absolutely DISGUSTING

Nice work.

 

Jefferson has been sued many times for illegal tatics.  Just keep a close eye on your CR to make sure they own up to their word.

Message 17 of 20
Henchman21
Frequent Contributor

Re: Absolutely DISGUSTING

Victory! Your hard work has paid off! I would totally print one off for my fridge. Smiley Happy
2/16/13 Scores EX: 594, TU:513, EQ:563 -- Cap One Secured: $200, Kay's: $400

GOAL #1: 625 -- CHECK!

3/31/15 Scores TU: 621 -- Cap One Secured: $750, Kay's: $900, CareCredit: $1000, Aerie $350, Fingerhut $1350

Goal #2: A travel card. REC ME!
Message 18 of 20
09Lexie
Moderator Emerita

Re: Absolutely DISGUSTING

Congrats.

Pull all 3 cr religiously - and keep them ESP after a deletion.
Message 19 of 20
Shogun
Moderator Emeritus

Re: Absolutely DISGUSTING

Very nice.  But always keep a close eye on your CR to make sure it doesn't show up with someone else.   

 

Congrats!

Starting Score: 504
July 2013 score:
EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+
Take the myFICO Fitness Challenge

Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!

June 2017 update: All scores over 820, just pure gardening now.
Message 20 of 20
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