Certegy is listing 3 different items on my credit report as if they are the original creditor, but have yet to validate despite my many requests. This is violation # 1: false representation of the debt under the FDCPA. The 2nd violation is under the FCRA Section 623(a)(2) where they have the duty as an information furnisher to correct and update information if notified that they are reporting incorrectly.
They are really trying to mess up my credit by posing as the OC because it gives them the ability to list late pays and even a charge-off. This is why I'm having a hard time getting them off my credit report because it shows the debt as transferred/sold. They know that once they sell this account as a CA - which by they way they mailed me a letter and told me that they sold 2 of the alleged debts to another CA - they can no longer be on my credit report. Not only did they tell me they sold the 2 accounts to another CA, they also sent me another letter that states that they "purchase the checks and intiate collection actions through their subsidiary, Certegy Payment Recovery Services." Sounds like I've got them where it hurts.
Also, since they no longer own these 2 accounts and are still trying to collect on them by reporting them on my credit report, they are again falsely representing these alleged debts. Furthermore, the fact that they are doing this is defamation of character which they can be sued for damages if taken to court.
Just with the above information, I'm going to send their legal counsel a letter citing the FTC opinion letter to Midland Credit relative to Section 803(6) of the FDCPA that states that although JDBs are indeed still debt collectors because they purchase delinquent accounts from the OC. This was also upheld in the courts with Holmes vs. Telecredit Service Corp. Second, the fact that they're posing as the OC is a blatant effort to defame my character & financial injury which could mean damages for me if I decide to sue. Again, the courts have ruled on this with Nelson vs. Chase Manhattan.
Do you think this is enough to get these bottom feeders to remove these debts from my files? Do you think I need to also file a with the BBB in their area, the Consumer Protection Agency for Pinellas County, SC Dept of Consumer Affairs, and the FTC?