error on credit report?

The address issue I'm not sure of, I guess it would fall under reporting accurate information if anything. The amount has to be the actual amount of the debt, nothing more/less. Listing it as an open account and as a factoring company is prohibited by FCRA as it is not accurate information. If the last CA has sold the debt then they cannot still report on your credit report.

hi--

first, the address thing is not illegal, as long as the address they provided is a legitimate address of one of their offices. They can have as many addresses as they like, in as many states as they like, but they cannot deceive you by furnishing a false address. Check to see if the address really goes to one of their offices, and if it doesnt, you have them on that one.

OK, JCEMT is correct about the FCRA info--they cannot call it an open account, or a factoring company account. That is illegal. They are a collection agency, and not the original creditor, so they must call it a collection account, and they cannot call it an open account if they bought the debt after the account was already closed, which is what it sounds like in this case.

You may have mentioned more details in a different thread or something, but tell me about this small claims suit you mentioned. Also, what state do you live in? If I recall correctly, it is illegal in some states for them to sue you over a debt in small claims court. I think thats right anyways--you need to check with the state they are suing you in, to make sure.

Also, are you certain that they actually are suing you? Many times, a CA will pretend they are suing you to scare you into paying them--illegal, but they still do it. What has me wondering is the different amount and information you got on the same debt from a different lawyer. It may help us to give you the best info we can if you provide the details of what has happened with that.

I live in Massachusetts. The small claims suit is from a law firm in my state and they have only been in business since 7/2006. They are representing the plaintiff Norfolk Financial corp. The amount they say I owe is different on trans union and Experian. The total was originally for $1936. they say I owe over $3000 but the small claims limit in my state is $2,000 plus $40 for court costs. The other lawyer, who is not suing me sent me a letter saying the debt owed with interest is around $2,600 to date and they would settle for $1,800. The only thing that matches up is what they have for my credit limit, the original debt of $1,936 everything else is inflated prices. I did call the court and they said it is a legal suit and the court date is on may 9th.

I am out of work and I am on public assistance because I have cancer. I looked at the laws in my state and it says they can't collect on me. Should I call them and tell them of their violations on my credit report and if they refuse to fix it I will take them to court? Should I also get them to pay me out of court for these violations and if they don't agreee tell them I am taking them to court?

Can the original creditor be erased from a credit report if taken over by a collection agency? Why I ask is the original creditor is not on my report. The collection agency is. There is no record of the original creditor. If it has really been less than 3 years, you would think the original debt would still be listed, right? if it is in fact, like I think compared to Trans Union showing the debt delinquent in 1999, but on Experian showing not delinquency date. I checked it eariler this year and it said date of delinquency was 2006 and I questioned it. Now the date has been pushed back to 1999.

P tramp: Check your rules of civil procedure! I say this because Texas has a law in the civil procedure that you can't sue for "less" then what the amount owed is just because of the monetary limit on small claims court...if the amount is over the limit, it has to be taken to a different court. You should check up on that, if that happened to me in Texas, I would immediately have it dismissed under that rule.

I can't find anything goldenbast. I may be looking in the wrong spot. Massachusetts has some screwed up laws. I seen where it said about monetary limits but nothing more. The most I seen was EX: if sally owes johnny $2,500 then johnny can sue sally in small claims for $2,000 and take a loss. But if it is a collection agency, Would that fall under different rules?

I am not sure on that. I just know Texas has a law that you can't lower the amount on the suit just so you can sue in small claims, but then again a CA can't sue in small claims anyhow, according to Texas law..they are forced to take it to a higher court.

ok....

Norfolk Financial Corp. is registered in MA, and has been since 1999. I was checking in case they would not be registered to do business there, but they are. This is the address they have listed with your state's secretary of state office--

946 GREAT PLAIN AVE
#101
NEEDHAM, MA 02492

here are some answers to common questions for you, about your state's small claims court--

http://mass.gov/courts/courtsandjudges/courts/districtcourt/smallclaims.html#3

I just did a little investigation. I did a run on my credit report in January. It listed the account as delinquent in 2006. I did a verification with Trans union and the date changed to delinquent in 1999. That puts it out of the SOL if that is the case. It also has as a note that information is disputed by consumer. I seen all this on 3/3/08, They filed suit against me on 03/23/08. They can't file suit after the fact, can they?

Also it was signed on 12/3/07 and I never got anything on this lawsuit. They did not file it till 3/23/08 and that is over 90 days it took them to file it.I am pretty sure there is a time limit on that. seeing as today is Sunday, I am going to call the Rhode Island number on my credit report to see if it's legit. Might be one more thing to get them on.

I am going to get all the violations together and I will call their lawyer and tell her of their violations. I will tell her how much I am owed for them and they should really consider settling out of court,that I am sending in for a transfer to civil docket.

If the correct date was 1999, it is not only out of SOL, but it should be deleted from the credit report in what, 2006??? It shouldn't even be on your credit report, so you have them for that as well. Not to mention you can easily get it off by pointing out to the CRAs that it is obsolete.

I just did a little research on manta.com. The address listed on my credit report is not their address in
Rhode Island. They have 2130 mendon rd. when in fact
it is 1725 mendon rd. The phone number listed on my
credit report is a Boston phone number according to
their website. Anything illegal there? I think what
this guy is doing is using his RI address to collect
debts when in fact it is a investment company and he
then passes it on to his Boston company to be able
to take me to court. The Boston company is a collection
company. I am wondering if he is licensed in RI to do
collections. If he isn't and is bringing it to his
Boston office, that is still illegal, right?

Another thing I did was the BBB and found out this company is no longer in business, Mail sent to the company on 10/05/2006 was returned by the USPS as Moved Left No Address.The BBB has no record of licensing. There where also I think 3 complaints against them for reporting false information. The Boston address is 1208 parkway, the name of the owner matches up and it is listed as a collection agency. So if the lawyer is still filing suit and the plaintiff is no longer in business, that is illegal, right?

If they haven't applied for a new business license and are trying to operate underground, you bet it is. If the right people pursued it I wouldn't doubt that they would have to pay back all the money they collected through their illegal endeavors.

I don't think he ever had a license. As far as the Rhode Island address on my credit report, He opened up shop there because he doesn't need a license. He did that in either September or October. So he still can't legally collect the debt in my state because he is not licensed.

ok, there are a few things at work here, and to be honest I would press them all.

First, you have a serious case of reaging there. And, since you have the credit reports to back that up, I would push that issue big-time.

Second, you may be onto something with false information, but only if you can show that the address they provided is truly not theirs. It doesnt matter how many other addresses they may have had or used, its still possible that they could have moved to the one they gave you. In order to find this out, you can check with the city where that address is--you should be able to find out info on owners and occupants that way.

Next, dont take the BBB's info to mean that they arent in business anymore. It only means that they moved and didnt leave a forwarding address. If this is a scam company, there are plenty of reasons why they would not leave a forwarding address. They are probably still in business.

As for them being licensed, they are licensed. look above--I posted under "guest" that I found the current license in MA for them.

No they weren't licensed.....

Unlicensed, 2 debt firms close doors
Goldstone brothers move in face of Mass. deadline

By Beth Healy and Michael Rezendes, Globe Staff | October 4, 2006

After years of hunting down thousands of Massachusetts consumers for old credit card debts, the brothers who own two of the state's busiest and most notorious debt-collection firms have closed their local offices, rather than seek licenses to operate legally here.

I also looked up the licenses for debt collection and they are not listed. Their lawyer is not listed either and it says on the bottom of the lawyers letter they are a debt collector.