[Shelpster]

Hello there, this is my first time posting and I need some help. I had a cell phone paid the bill on time for a year then I went through a divorce. So, of course it didn't get paid, it was charged off. I paid the charge off in full (before I knew about PFD). Now, I want to get it deleted from my credit report. I disputed with EQ and TU. It doesn't show on EX. They can back verified. So I sent Verizon this letter and in response to the letter they want me to call them. Here is the letter.

...according to the FCRA, as amended by the FACTA act, you are required to notify me of the insertion of negative listings.
Since I have disputed the account with the credit bureaus, and you obviously "verified" it, I am very curious as to what kinds of "records" you may 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. I am reprinting the legal text from FCRA for your legal staff.

The law reads as follows:

§ 623. (a)(8) ABILITY OF CONSUMER TO DISPUTE INFORMATION DIRECTLY WITH FURNISHER-


§ 623. (b) Duties of furnishers of information upon notice of dispute.

[Accordingly] I will seek legal action under § FCRA 623 (b) for violations of the FCRA if you do not comply and respond to me with the results of the investigation in 30 days.

In order to clear up this matter, I would like to see, any contract from your company bearing my signature. 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 accurate information. At this point, you would also be in violation of the FCRA merely for not responding within the 30-day period.

To avoid a lawsuit, I request that you remove the account xxxxxxxxxxxxxxxx entirely an from my credit report. I am entitled to $3,000, ($1000 for each violation on each credit bureau). Please immediately delete this listing and immediately inform me of this in writing, or I will be forced to take legal action.

Sincerely,

On the CR only Verizon is showing not the CA. Can anybody give advise on what to say or what not to say? Thank you very much.

Shelpster

[roybean]

Who did you send payment to?

[Shelpster]

I sent payment to the CA.

[roybean]

Originally Posted by Shelpster

I sent payment to the CA.

Do you have receipts documenting your payment to the CA?

And exactly how does your credit report read? Does it say "Paid charge off?"
Don't post any personal info, but give more details about how it is reporting?

I trust that you are looking at a hard copy and not an online credit report, right?

[jlynn]

Can somebody edit out OP's account number showing in the letter?

[centex]

If both an OC and a CA are reporting, there is no obligation for an OC to remove their tradeline even in those instances where a CA or JDB agreed to a PFD. The PFD terms only go to the third-party involved in the contractual agreement.

For a FACTA dispute, there is an obligation incumbent upon the consumer to cooperate in the furtherance of the investigation. In this instance, they have asked you to call them. If you choose not to do so, they are within their rights to close the investigation without modifying the tradeline.

[jlynn]

Originally Posted by Shelpster

...according to the FCRA, as amended by the FACTA act, you are required to notify me of the insertion of negative listings.

No they aren't - reread the statute. It only applies to financial institutions.

Since I have disputed the account with the credit bureaus, and you obviously "verified" it, I am very curious as to what kinds of "records" you may 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. I am reprinting the legal text from FCRA for your legal staff.


[Accordingly] I will seek legal action under § FCRA 623 (b) for violations of the FCRA if you do not comply and respond to me with the results of the investigation in 30 days.

Reread 623b - it applies to disputes initiated THRU a Credit Reporting Agency. While you have the right to dispute directly with an OC under FACTA, the statute has no teeth, as there is no private right of action for them NOT performing the dispute.



Did you dispute thru the CRAs?

[Shelpster]

CR reads
Balance: 0
High balance: 264
Pay status: Payment after charge off / collection
Acct. type: open
date open: 12/2005
date closed: 4/2007
Remarks: paid profit and loss

[Enigma]

Originally Posted by Shelpster

CR reads
Balance: 0
High balance: 264
Pay status: Payment after charge off / collection
Acct. type: open
date open: 12/2005
date closed: 4/2007
Remarks: paid profit and loss

It appears that it is reporting correctly.

Did you have an agreement with the CA not to report?

[Shelpster]

No, I didn't have an agreement, but it was never on my credit report until I paid it in full.

[Enigma]

Originally Posted by Shelpster

No, I didn't have an agreement, but it was never on my credit report until I paid it in full.

In my understanding of the FICO scoring model, after twenty-four months it will not affect your score in a significant manner.

[rubyruby27]

How do you find that info out. Just curious as my scores suck 595-640 and the 2 JDB's are killing my score and they have been on for more than 2 years.

They stated the reason my score is low is due to the collection accounts and if I paid on all my accounts (including ca) for 24 months my score would go up 50 points.

[Enigma]

I used the "advanced" google search feature to preform selected key word searches of the myfico.com and through SEC disclosure documents.

[jlynn]

While you posted the TL in question for us, did you get this directly from the bureaus or a trimerge? What is missing is either the Date of First Delinquency, or a Scheduled Date of Removal.

When did you quit paying on it? When did you pay it off?

[Shelpster]

That was right off from a TU report. I paid it off in 5-07, DOLA was 11-06. Then, after I paid it off it started to show on my credit report.