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Guest · Posted: Sat Jun 14, 2008 10:04 am Subject: FDCPA Violations - settle a dispute

I am trying to settle a dispute with a collection agency. I have noticed on all three credit reports, there is different information. I would like to know if these are valid points to counter sue, are these violations:

TW and equifax both say:
pay status: collection account
account type: open
Individual account
Loan type: factoring company account

and Experian says:
pay status: assigned to colection/attorney/or credit grantor's internal collectiondepartment

account type: closed
Loan type: Unknown/credit extension/review or collection

Thanks in advance

Posted: Sat Jun 14, 2008 10:15 am Subject:

Have you sent a dv ltr yet? If not, that would be the first thing to do. Dispute these with the credit bureaus' so that they verify these and all report them as correct.

Guest · Posted: Sat Jun 14, 2008 10:26 am Subject:

I was already served a summons, just wanted to know if these are valid counterclaims.

If these weren't,can you get in trouble with the court? Not that I'm providing false information, but that I was not right.

Posted: Sat Jun 14, 2008 1:24 pm Subject:

account type: open, this should be collection account
Loan type: factoring company account, this should also state collection account.
By listing it as an open account and as a factoring company account they make themselves look like the original creditor for credit reporting purposes and further damage your FICO score. These are violations of the Fair Credit Reporting Act (FCRA) under knowingly supplying inaccurate information and are worth $1,000 per violation. If they filed the same way with each credit reporting agency then you have 6 violations thusly worth $6,000 in statutory damages.

Posted: Sat Jun 14, 2008 2:09 pm Subject:

Unless you can show proof of dispute to credit bureaus,those violations are not a actionable counterclaim. Under Fcra you must dispute to trigger your rights.