NCO -- First date of Default -- FTC ---

If the Original Creditor's account has already dropped off your report, then NCO's should have as well. Check all three reports to make sure of this fact and if it has dropped off, then dispute the account with the three Credit Reporting Agencies citing the fact that the original account has dropped, yet the collection account remains.

Call the reporting CRA's and ask for the Date of First Default as reported by the Data Furnisher. It should be the same as MBNA's. If it is not, dispute as obsolete. If NCO verifies and you can prove it inaccurate start typing up your ITS letter for FCRA violations. If they are reporting to all 3 = $2500 x 3=$7500 in violations.

First thing I will do is print out copies of all three credit reports...

Then call to find out Date of First Default given by MBNA if I can... and compare it with NCO info.

What is a ITS letter?

Intent to Sue

Thanks!

This is good info...my old college r/m and I have the same type of debt from a credit card we got in college..Luckily we have not accumulated anymore debt. She still has CA calling her about legal action and told me about this site..

Question--

Is there a good site I can go to for all three credit reports in one...or is it better to get the credit reports from each individual website?


I will let you know for sure what the credit report and the agencies say..

is it ok to to include in my DV letter a cease and desist? I only want them to contact me via letters for my records...

what about asking for proof they are licensed in IL (or show I do that myself so i can report it to AG if they are not)

and should I add that calls to my home will be recorded in the future---in case I get a call and decide to record it on my machine ( i plan on sending it Cmrrr-so that should work as them agreeing--i think?...( i don't know if I will actually record a all but I wanna be cover in case they get stupid on the phone)


Oh yeah, someone just told me that IL removed the 30day requirement for response to a DV...is that true? If so what to I add to the letter on instead of that piece...

any answers to the above?

hi guest--

first, yes, it is ok to send a cease and desist letter with your dv letter. however, just so you know, a partial C&D letter is often viewed by the collector as a full c&d--you can say 'only contact me in writing, through the mail' and some ca;s will take that as 'dont contact at all'. As a solution to this, what state do you live in? many states are "one-party" states, this means that you can legally record telephone calls as long as one party to the call gives their consent. in this case, in a one-party state, you dont even need to state that the call is being recorded. This would give you a record of everythign thats said, that would also be legal in court. let us know the state you live in and we can let you know about that.

ok, nevermind, i just noticed that you are in IL. That is an "all-party" state, meaning that the law requires you to get consent from all parties on a call before it can legally be recorded. I dont know if putting it in writing will suffice as notice or not, you may want to look into that further. It certainly couldnt hurt to say the following on your letter:



As for licensing, most states have a website for their secretary of state's office. youre looking in there, for a coprorations database. Also, check the laws, as some states dont require any licensing at all, and others require licensing of debt collectors through other agencies, like the state banking and financial institution commissions. if you find that they must be licensed, and they are not, I would contact the ag's office in your state and file your complaint there.

Not sure about the 30-day requirement, but as far as i know only one or two states have that in effect anyways. the way it works everywhere else is this--the Ca has no time limit to respond, but until they do respond to your DV request, they are not allowed to take any collection activity against you. this includes filing a lawsuit, it also includes updating your credit report entries as 'valid'.

MMmm...........I'm going through something similiar. A debt will 'fall-off' soon. However.......the OC and the CA's information, on the SAME debt is different. The 'fall-off' dates are different for both...and the amounts ( to the debt) are different, as well. Any advice?

sd--

at that point, I would say you have good evidence to show the ca violating the FCRA, and also the fdcpa. Can you tell if it is the same account in both entries? for example, is there an account number for each?

If you can show that they are supposed to be the same account, then you have a good case for the violations. in that case, type up your ITS letter and send it certified mail. Keep in mind as well--FCRA violations are more than FDCPA violations when ti comes to penalties.

also, forgot to mention, keep your credit report copies that show these two entries--its evidence!