Collections Reported on my Credit Report. Score drops by 108

[Anonymous]

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RobertEG wrote:

There are apparently multiple violations of the FCRA and FDCPA.  Under section 623(a)(7) of the FCRA, any creditor is required to send you formal written notice within 30 days of posting to your CR.

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 I have to disagree with this part. FCRA 623(a)(7) doesn't require the notice to be sent within 30 days of posting to your CR, as long as you are notified that they will report negative information. They can notify you before you are ever delinquent that they do report negative information and still meet this requirement. It also says "any financial institution" and 603(t) defines financial institution as:

(t) The term “financial institution” means a State or National bank, a State or Federal savings and loan association, a mutual savings bank, a State or Federal credit union, or any other person that, directly or indirectly, holds a transaction account (as defined in section 19(b) of the Federal Reserve Act) belonging to a consumer.

I am not sure an apartment complex or a CA meets this definition.

[Anonymous]

IMO, you have no basis for a claim against the OC. You owed a debt and have no proof that you ever paid or attempted to pay. Yes, you sent a check and either the check didn't make it or they lost it. However, that isn't the OC's fault and if it is, you can't really prove it. I think the judge would ask "why you didn't follow up with the OC when you noticed the check had not cleared your bank", or I would if I was the judge.

As for the CA, if they did not send you an initial dunning letter within 5 days of reporting, then they are in violation. If you DV'd and they did not respond and continued to report after the 30 days, they are in violation again.

While it is true that if a OC doesn't sell the account, they do have control over it, but their agreement with the CA they have hired may be that they won't accept payment and payment must go through their office.

I would file complaints against the CA and if you are willing to follow through, send the ITS to the CA and then following through if you don't get anywhere.

[Anonymous]

Ok so how do I go about it? Also, can it affect me more negatively? Should I call the rental office and ask them to Hold the check and not send?

I never had the intention of not paying but looks like that the check never reached. So to get it removed my only choice is to file a law suit?

My report in Sept 2008

Date Opened:
10/2007
Reported Since:
03/2008
Date of Status:
03/2008
Last Reported:
09/2008
  Type:
Collection
Terms:
1 Months
Monthly Payment:
$0
Responsibility:
Individual
   Credit Limit/Original Amount:
$71
High Balance:
NA
Recent Balance:
$71 as of 09/2008
Recent Payment:
$0 

Here is what my report says today

  Date Open 10-2007      Balance Date 10-2008         Amount $71  $71  $71   Status UNPAID  Account seriously past due d  Automated account 

This showed up first time in Sept 2008 report. I got my latest report now and this is the way it looks. Can I just get it removed for reporting and not contacting?

Where can I get more info for "ITS letter CMRRR for violation of FCRA and defamation of character "

Thanks

[Anonymous]

Have you DV'd this CA at all? Sent PFD?

I would file complaints before filing suit. File complaints with the BBB, your AG, and their AG regarding the FDCPA violations.

If you get no where there, then I would send ITS and follow through if you still get no where.

[Anonymous]

No I have not yet DV'd yet because I wanted to see if I could settle with OC. I did receive a letter from CA saying they have proof about the loan and can verify etc in Nov but almost 45 days later than it showed up on my CR. So this is a violation? So I should DV them now orfile for violation?

I did not PFD as no one has yet to say they were successful with Fair Credit and Outsourcing.

Message Edited by dealaddict on 12-17-2008 09:36 PM

[Anonymous]

While I figure our on how to dispute for violation or not reporting within 5 days, should I Stop the check I wrote to OC from going? The money was not the issue but I hate to see a deliquent account showing up on my report and wanted it cleared. However, will my check hurt my chances to get collection removed from my report?

[Anonymous]

i think paying without any warranty is adding insult to injury. i would stop it.

[Anonymous]

OK. So i spoke to OC (Apartment Office) who was very nice yesterday but when I asked her to hold the check she was not as nice. She said she will hold on till tomorrow but other than that she will not do as she is allowed to deposit the check and its money I owe etc etc. So looks like the check that I wrote in the name or OC will get forwarded to CA.

The question now is can I still ask CA to remove what they reported on my credit report because they never notified me within 5 days of reporting.

If so, I need to do an ITS or just a letter indicating that they have violated the rights. Can they use the fact that now I have paid against the part that they have violated the law?

[Anonymous]

This is the way i would proceed:

- call the OC, ask for a supervisor (all the way up to the owner), tell them I'm really angry for how I have been treated, I will place the check on hold, I will file complaints with the BBB, and will sue them for damages unless they get the matter resolved IMMEDIATELY by taking the collection back and removing the collection

- send an ITS letter CMRRR to the CA (from this site) for violation of FDCPA 809

- place the check on hold with my bank

- file a complaint with the  BBB for the behavior of the Apartment Complex

- file a complaint with the BBB, the AG and the FTC about the CA violation

good luck!!!

[Anonymous]

The apartment complex is a national chain. So does it mean I call the corporate office? I tred calling but could not figure out what department to call specifically. I am not sure talking to the Manager in my apartment complex is going to help. She did seem to be helpful yesterday but this morning when I told her to hold check I think she was a bit upset as yesterday she was not willing to accept the check but after I requested her to see if she can do something she did. 

I hope I can get someone. Even if I do Stop Check payment, will the fact that I wrote a check mean that I accepted I owed the debt? 

Is at anytime contact the CA via phone a bad idea? I am quiet confident it is but wanted to see if I can talk to someone to find out how they could report without even notifying me..