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oc response...what next??

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Established Contributor

oc response...what next??

Hi everyone,
 
This is my situation.     Had a paid charge off reported only by the OC (gas card).
I sent a gw letter to the OC.  Their response was that they could not find my acct, please send more info.  I sent them the acct number listed on my CR in my gw letter.     So since they could not find my acct I disputed with CRA.   The OC verified the debt.   I sent the OC letter to the OC.  This is what the response was
 
"We have reported to the CRA the above account is in dispute.
 
We have reviewed your recent letter concerning the claim that the bank has an obligation under federal law to validate the debt within 30 days of your letter.  We respectfully disagree with your interpretation of the applicable laws and thus decline to respond further to your inquiry.
Sincerely"
xxxxx
 
So what do I do now?  They are obligated to respond aren't they??
Thanks for your help!!
 
Message 1 of 13
12 REPLIES 12
Moderator Emeritus

Re: oc response...what next??



love2golf wrote:
Hi everyone,
 
This is my situation.     Had a paid charge off reported only by the OC (gas card).
I sent a gw letter to the OC.  Their response was that they could not find my acct, please send more info.  I sent them the acct number listed on my CR in my gw letter.     So since they could not find my acct I disputed with CRA.   The OC verified the debt.   I sent the OC letter to the OC.  This is what the response was
 
"We have reported to the CRA the above account is in dispute.
 
We have reviewed your recent letter concerning the claim that the bank has an obligation under federal law to validate the debt within 30 days of your letter.  We respectfully disagree with your interpretation of the applicable laws and thus decline to respond further to your inquiry.
Sincerely"
xxxxx
 
So what do I do now?  They are obligated to respond aren't they??
Thanks for your help!!
 


They probably read your letter as if it were a DV letter. Since the FDCPA says that DVs are only for CAs, they wrote this response in return.
 
I really don't know what the applicable law is, if any. I have seen some quote FACTA and TILA is requiring disclosure from OCs. I think state laws would be more apt to require info from OCs.
Message 2 of 13
Established Contributor

Re: oc response...what next??

bump
Message 3 of 13
Valued Contributor

Re: oc response...what next??

They read it as a DV letter..because it is a DV letter...they DO have to validate....maybe you can message HappyDays...I think you can get a better explanation...
Message 4 of 13
Established Contributor

Re: oc response...what next??

I think your next move would be to mov the cra. Happydays or sidewinder know more about this than me..  edited to add llecs tooSmiley Wink


Message Edited by scramblingin2007 on 05-19-2008 06:08 PM
Message 5 of 13
Moderator Emeritus

Re: oc response...what next??



scramblingin2007 wrote:
I think your next move would be to mov the cra. Happydays or sidewinder know more about this than me..  edited to add llecs tooSmiley Wink


Message Edited by scramblingin2007 on 05-19-2008 06:08 PM

You are too kind.......I know just as much about MOVs as I do brain surgery (and no, I'm not a brain surgeon). Never sent one.
 
If I read right, OP tried to send a DV to the OC which won't work. I'm uncertain as to whether an OC letter has to be responded to or not. I don't think any fed law applies here. If reporting incorrectly and it came back verified, then a MOV might work.
Message 6 of 13
Frequent Contributor

Re: oc response...what next??

Love2golf, did you ever figure out what to do about your OC letter?
Message 7 of 13
Established Contributor

Re: oc response...what next??

Not yet.  The amazing Happy Days is helping me out Smiley Happy   As soon as I know what the next step should be I will send out an update.   Thanks!!
Message 8 of 13
Established Member

Re: oc response...what next??

I have the same problem........after you disputed with the CRA
 
"When you write the Original Creditor to dispute a listing, you are asking for an INVESTIGATION, not verification. Under the laws, the OC's are not required to verify an account."
 
Good Luck!!!!
TransUnion
695Date: 5/11/2008
Equifax
670Date: 5/13/2008
Experian
672Date: 5/13/2008
Message 9 of 13
Moderator Emeritus

Re: oc response...what next??



llecs wrote:
 
If I read right, OP tried to send a DV to the OC which won't work. I'm uncertain as to whether an OC letter has to be responded to or not. I don't think any fed law applies here. If reporting incorrectly and it came back verified, then a MOV might work.


Correct.  Requirements for CAs under the Fair Credit  Reporting Act do NOT apply to OCs.
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9.4.2011: TU 805. EQ 815.
Message 10 of 13
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