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If you have any problems with the registration process or your account login, please contact us. | Advanced Credit Repair - Dealing with Collection Agencies Discuss Is it Common For in the CREDIT AND LEGAL ISSUES forums; ...a company to deny that they report to the CRAs in their answer (when clearly they do)?
I'm wondering what they'd offer as a hypothesis for how a tradeline of ... 
04-04-2007, 03:39 AM
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#1 | | Elite Member
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| Is it Common For
...a company to deny that they report to the CRAs in their answer (when clearly they do)?
I'm wondering what they'd offer as a hypothesis for how a tradeline of theirs wound up on my report.
Mitosis? | 
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04-04-2007, 07:13 AM
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#2 | | Administrator
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| Some CA's have been know to report in the OC's name.
If they denied it in an answer, subpoena the CRA records.
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04-04-2007, 10:21 AM
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#3 | | Elite Member
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| Yes...think of a well-known rats-nest of related JDB's and CA's, and you have their official denial of liability. "It wasn't us, Your Honor, it was THEM (pointing at "CA")!"
Judge didn't see it the same way though...yay!
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04-04-2007, 02:24 PM
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#4 | | Elite Member
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| Quote:
Originally Posted by Enigma  Some CA's have been know to report in the OC's name.
If they denied it in an answer, subpoena the CRA records. | No CA involved.
Is there a sample subpoena somewhere?
BTW, they denied extending credit as well.
Last edited by direred; 04-04-2007 at 02:26 PM..
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04-04-2007, 03:06 PM
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#5 | | Elite Member
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| Ah! Then, if it's strictly an OC reporting incorrectly, then you have to be careful of the shell game that they play with their operating entities also, such as Capital One Bank vs. Capital One Financial Savings, etc. They do the same finger-pointing. I got the proof of reporting in my case from the CRA, just like Enigma said....there's little they can argue with when their subscriber number is in black and white.
The Myfaircredit.com site has posted a lot of documents that the attornies have filed for their own cases...this one is a RFP for EQ that can be customized for your venue/situation if the CRA is a party to the suit... http://www.myfaircredit.com/forum/viewtopic.php?t=492
Or you can use the above form as a starting point for things to ask for and use the following subpeona guidelines to create a subpeona if the CRA isn't a party to the suit... http://www.myfaircredit.com/forum/viewtopic.php?t=5066
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Quoted from roybean at IC, "you don't need case law...it is written, so let it be done." | |
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04-04-2007, 03:24 PM
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#6 | | Elite Member
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| Perfect, that's exactly what I needed. In this case, they don't seem to be playing shell games. Technically, they purchased this account in default, so they're not typically a JDB, they were in this case.
I remember writing an RFP when I was a defendant ages and ages ago (20+ years). I don't remember: is it supposed to be filed with the court? | |
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04-04-2007, 05:08 PM
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#7 | | If You Do Not Like It, Kiss My...
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| I'm confused. Who are you suing? OC or a CA/JDB?
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04-04-2007, 05:41 PM
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#8 | | Elite Member
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Originally Posted by jlynn I'm confused. Who are you suing? OC or a CA/JDB? | I'm suing a JDB who is more frequently an OC (and is an FDIC member, so I have no idea why they generally and specifically denied extending consumer credit, except to be a poo-poo head). | |
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04-04-2007, 07:12 PM
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#9 | | Administrator
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Originally Posted by direred I'm suing a JDB who is more frequently an OC (and is an FDIC member, so I have no idea why they generally and specifically denied extending consumer credit, except to be a poo-poo head). | You're in Federal, right?
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04-04-2007, 08:12 PM
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#10 | | Elite Member
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| Yep, sure am. I just don't want to say who it is in public, in part because they are seldom sued. | |
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04-10-2007, 02:15 PM
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#11 | | Elite Member
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| Okay.... So I've looked at the requests for production that are about, and the subpoenas.
Since I'm up against an MSJ, it seems that the subpoena is possibly the better answer -- it gives the court a heads up, for one thing.
Would, however, the third parties involved (CRAs in this case) feel more edgy if they received one? Or no?
What's provided may need to be evidence in the court, but may not.
It appears that the defendant may have committed perjury.
(I'm trying to find a lawyer to save my skin, so far no luck.) | |
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04-10-2007, 02:22 PM
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#12 | | Elite Member
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| Okay.... So I've looked at the requests for production that are about, and the subpoenas.
Since I'm up against an MSJ, it seems that the subpoena is possibly the better answer -- it gives the court a heads up, for one thing.
Would, however, the third parties involved (CRAs in this case) feel more edgy if they received one? Or no?
What's provided may need to be evidence in the court, but may not.
It appears that the defendant may have committed perjury.
(I'm trying to find a lawyer to save my skin, so far no luck.) | |
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