BIG Problem with N/R/A on credit report, for the pros here

Anyone? I know Paul or someone else should have an answer for this.

bump

Anyone? I would really like to help my friend out with this. Also to add to the above, I told her trans union could not verify the debt with N/R/A and it was deleted, how come Experian they verified it. She told me that it is because only one credit bureau can report it so it will stay on Experian only.

What is up with this company? Should I send an Intent to sue for him?

Who owns the debt? You can request an investigation with the OC, or if it has been sold off to a JDB, under sec 623 of the FCRA. They have to respond w/in 30 days. If they do not, sue them

I hope I understand what you are saying,

No original creditor is on his credit report just National Recovery Agency. They do not list the original creditor as Mobil or Columbia House as they are now claiming. They say the original creditor they are collecting for is Capital Management Ventures...which is just another debt collector.

How do you go about requesting an investigation, who would he sue and under what laws would he sue, the FCRA?

Read up on section 623 of the FCRA. It's a bit confusing because at first glance it appears to be only for the OC but it is applicable for whoever now owns the debt. Your request would go to Capital

Thank, will do.

I also been searching around and it seems as if N/R/A likes to make up fake debts and put them on peoples credit reports. I seen a few cases where people had $90 or under placed on their reports for things like a magazine subscription.

In the case of my friend, how does he prove that they are making this up? They don't even have an account number, they use their own file number on his credit report.

I had same situation. Contacted a great attorney, lawsuit filed today.

here's the thing--your friend doesnt have to prove that they are making it up. The debt collector has the burden of proof, and they are required by the FDCPA to prove their claims.

The FDCPA requires that once you request validation, they must cease all collection efforts until they validate the debt. The FDCPA also requires that this validation MUST come from the original creditor. So, unless they can produce some original creditor statements, they are up the creek. Here's what you do--

1--have your friend send NRA a debt validation letter. Make sure it is sent certified mail, return receipt. That way he will be able to prove that they received it.

2--wait a week after he gets the green USPS receipt card back, then send a certified letter to each of the credit bureaus they have reported this debt to, and in these letters he is to dispute this debt.

3--The CRA will contact NRA and they will have 30 days to verify the debt for your credit reports. Chances are good that they will do this.

4--if they verify the debt, then they have just broken the FDCPA and the FCRA--it is illegal to continue reporting a debt that they have not first validated for you when you request that they do so.

5--If all of this happens in this way, then I would send NRA a certified letter informing them of their repeated and willful violations of FDCPA and FCRA(we can help you put this together if need be). Inform them that under these laws they are liable for up to $1000 for FDCPA violations and up to $1000 PER VIOLATION for FCRA violations. Then tell them that this is their last chance to stop playing games with your credit history--they can either permanently remove all references to this invalid debt from all of your credit files and agree in writing to never try to collect on this supposed debt or sell it to some other collector, or you will have no choice but to sue them for $1000 for FDCPA violations, plus however many thousand dollars for their FCRA violations, plus legal fees and court costs. Inform them that it would be really stupid for them to have to pay you a few thousand dollars over a supposed $76 debt that they cannot even validate.

And then, if they still dont cooperate, then sue them. Seriously. Its the only way that companies like this will learn anything.

Based on the original post, the DV was not sent in repsonse to a dunning letter but in response to the OP finding the TL on the CR. A few unknowns here but I don't think continued collection activity faced with a DV will wash.

well, one could always make the argument that since the CA never sent a dunning letter like the law requires, they attempted to deprive the alleged debtor of his right to dispute. Not really sure, but I bet if I stood in front of a jury I could convince them that since I was never notified in accordance with the law, that I was not given not only notice of the debt but also was not given my 30 days in which to dispute it. a judge may take issue with that but I think that a jury would agree with me. After all, if you arent ever given notice of your 30 days, how on earth could anyone answer with a DV request within those 30 days?

That is the line I would take, to be honest. And with a little luck, I think most juries would buy into that logic. In the end, I would argue that as just one more example of how this CA broke the law and how, because they did, I was deprived of my rights. It would only hurt the CA's case more if they try to argue that against me in court.

That's the whole problem with CA's and dunning letters. They never have to prove that a dunning letter was sent, only that they have a system in place for the printing and mailing of dunning letters and a system for dealing with returned mail.

Experian is terrible. There is already a class action suit against them for keeping fraudulent debts on people's credit reports from another bottom feeder. See:
"http://www.marauderexposed.com/Experian-Marauder.pdf"
They have no respect for people as if every fraudulent debt is real because the bottom feeder fraudulently says it is.

You may wish to go to the National Association of Consumer Advocates and get a referral to a Consumer Advocate Attorney (or look in your Yellow Pages and get a free consultation). I am quite sure you can get one to work pro bono (as they can get their fees paid by this bottom feeder.)

Tell them to take you to court or go away. The process of Discovery is more comprehensive than Debt Validation, which is whatever.... Show them that you are not worth it and they should pack their bags up and go home to find a sucker - which you are *not*. They'll likely drop it when they see you're a fighter.

I wouldn't pay a junk debt buyer one red cent unless forced to by an Appellate Court (and, yes I would appeal it all the way there) so they can make it easier and cheaper for themselves by removing the bad mark from your Credit Report, and moving on.

I disputed an alleged debt wiht all three credit reporting bereaus. Equifax and Transunion both deleted it, but Experian listed it as "came back verified." How is this possible? Also, I have a question about discovery. I was issued a summons in March, filed my answer, and never heard anything else from the plaintiff. I finally sent them a request for discovery and list of interrogatories about a month ago. I just had a case management meeting at court, where the attorney for the plaintiff told the judge that she had not had a chance to speak with me yet. I mentioned to the judge that I had sent the plaintiff a request for discovery, and he replied that they were still within their legal time limit to comply. He set a pre-trial conference for October, and also established that as a deadline for discovery. That seems like a long time to give the plaintiff. They originally contacted me about the alleged debt in September, and have ignored repeated requests to provide some sort of validation. I am wondering, if the last 10 months was not enough time to come up with some sort of documentation, what are they going to come up with by October? I feel like my time is being seriously waste, but I am also worried that the judge will side with the plaintiff, as they know the system and I do not. Any thoughts?

Yep, that was the point I was trying to make. Experian is *horrible*. I'm really interested in this case because I strongly dislike how they assist bottom feeders destroy your life unethically and often illegally. Their FAKO score is just a slap in the face, adding insult to injury.

Here is a great site with a lot of info about dealing with a civil suit:
"http://www.nedap.org/hotline/court.html"
It is for New York, there may be some slight differences with your state.

Unfortunately, answering your question would be giving legal advice. You should consult your attorney. If you are appearing pro se, inquire with Legal Aid (your Municipal Court will have the reference). While they can't legally advise you either, they would be able to give you better timeline data.