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
