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