[direred]

So, I'd sent a bank an ITS for misreporting and never noting account in dispute. It's up in the air whether they'd be a third-party collector under the FDCPA, but either way most of the FDCPA applies to them through the California Rosenthal FDCPA.

It was an unpaid chargeoff, which, even though there was an outstanding dispute going on, I paid off. I was just tired of it, and it wasn't entirely their fault (but the OC's, and the OC no longer exists).

So, yesterday, I get a letter from the bank in question (bottom of the letter has the mini-miranda):

"This letter is to confirm the above referenced charged off account was Paid in Full on December 11, 2006. The credit reporting agencies have been notified accordingly."

There's a few things wrong here.

1) I already got a letter last month saying it was paid off.
2) I got a letter today, same verbiage as above, but with the date being the 13th.
3) They reported to EX on December 8 with a zero balance.

Does this sound like false and misleading to anyone?

[jlynn]

Have you checked your cr's to make sure they have not erroneously reaged the tl?

[direred]

I have Soooo many copies of my CRs, each carefully saved to PDF. They did not reage, at least not yet.

[drivel]

Originally Posted by direred

So, I'd sent a bank an ITS for misreporting and never noting account in dispute. It's up in the air whether they'd be a third-party collector under the FDCPA, but either way most of the FDCPA applies to them through the California Rosenthal FDCPA.

It was an unpaid chargeoff, which, even though there was an outstanding dispute going on, I paid off. I was just tired of it, and it wasn't entirely their fault (but the OC's, and the OC no longer exists).

So, yesterday, I get a letter from the bank in question (bottom of the letter has the mini-miranda):

"This letter is to confirm the above referenced charged off account was Paid in Full on December 11, 2006. The credit reporting agencies have been notified accordingly."

There's a few things wrong here.

1) I already got a letter last month saying it was paid off.
2) I got a letter today, same verbiage as above, but with the date being the 13th.
3) They reported to EX on December 8 with a zero balance.

Does this sound like false and misleading to anyone?

You sound like the guy who's sues the paramedics for bringing you back to life with CPR for the bruises on your chest.

[direred]

Originally Posted by drivel

You sound like the guy who's sues the paramedics for bringing you back to life with CPR for the bruises on your chest.

Ha, well, no.

Catch is, this account should never have been sold, because I'd sent a letter to close it and had overpaid the amount excluding the dispute by about $2. FDIC seizures are strange beasts, though, and certain things didn't happen -- and the account didn't get closed, either.

Despite the ongoing dispute (never resolved), I paid the disputed balance.

I have a re-opened FDIC complaint on the matter, but I'm not holding my breath.

[CtrlAltDelete]

Direred don't let drivel confuse you - he's usually very dramatic.

[direred]

Originally Posted by CtrlAltDelete

Direred don't let drivel confuse you - he's usually very dramatic.

Oh, I know, but thank you.

[drivel]

Originally Posted by CtrlAltDelete

Direred don't let drivel confuse you - he's usually very dramatic.

Moderators, I think CtrlAltDelete meant logical, not dramatic. Could you change the post accordingly.

Sincerely, drivel.

[direred]

Originally Posted by drivel

Moderators, I think CtrlAltDelete meant logical, not dramatic. Could you change the post accordingly.

I think the freakin' laser beams could help you with that.

[jlynn]

Originally Posted by drivel

Moderators, I think CtrlAltDelete meant logical, not dramatic. Could you change the post accordingly.

Sincerely, drivel.

No, I do believe CAD rightfully meant dramatic.

[drivel]

Originally Posted by jlynn

No, I do believe CAD rightfully meant dramatic.

Thanks jlynn, I'm glad we asked you. Oh wait........

[direred]

Originally Posted by jlynn

Have you checked your cr's to make sure they have not erroneously reaged the tl?

Speaking of, tonight I pull my CRs and they've updated -- in contradictory ways -- on EX and EQ. God knows what TU will look like when that's all done with. EQ tanked 20+ points.

I sent them a love note by fax.

I think they were trying to "correct" the tradeline, only they managed to change the reporting before the payoff, which suggests that either the reporting before or the reporting now is false and misleading communication in an attempt to collect a debt.

Oh, and now it's got weird stuff like a high credit of zero.

Ahem.

I was considering sending them a toy bulldozer when all was said and done, though.

[DUSTY]

Even if an account has been charged off and sold the OC should still report it as 'disputed' if you disputed it with the CRA's right?