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Quick question: Prepaid Visa or Prepaid Discover Card? Hoping for any answer. My 2nd question... At the end of November, I sent a 623 letter to a CA regarding a tradeline they're showing on my CR. I haven't heard so much as a whisper back from them..

I was going to send a followup letter but, after pulling my report yesterday, I noticed this particular CA is showing the tradeline as "open" and with "1 month terms". Aren't both of those violations of the FDCPA and FCRA?.

My main question is what would ya'll do if you were in my shoes? Send a follow-up and continue the game OR send them a follow-up/ITS letter? I don't really want to sue. I just want this off my CR. If outlining the violations in a letter works, then I'm all for it but I'm not sure how to word it. I appreciate any advice...

asked Mar 05 at 16:59

Chandler's gravatar image

Chandler
51


I'm stumped. I'm not so sure what is the answer. I'll do some investigation and get back to you if I bump into an answer. You should email the people at Discover Card as they probably could help you..

answered Mar 05 at 18:14

Noelle
's gravatar image

Noelle
3835

If a 623 only pertains to OCs, that would explain why you have not heard back from them. Regardless, reporting the TL as Open and 1-Month terms are violations of the FDCPA. The FCRA has nothing to do with the CA though..

I would look to attack those those things. Make sure you know why you are sending whatever you are sending. It sounds like you may need to do some homework here on some basic stuff. If you send the wrong stuff, it can complicate things, make them worse, set them back months, you get the picture. I don't think you have anything to stand on at the moment as far as sending an ITS. Personally, I would not want to go into court with as little as what you have.

You want to have a whole laundry list of violations that you can present to a judge if need be..

Let's start with the very basic. Have you DVed this CA? That would be my first thought..

Hope some of this helps you think this through...

answered Mar 05 at 19:11

Jake's gravatar image

Jake
917

LOL, my apologies. It was a DV letter that I sent. I was on my 2nd glass of wine last night while typing that post and I had just written a 623 letter to Capital One. Guess I had 623 on the brain!.

I have DV'ed these folks, however, it was not necessarily timely. This CA might have sent an initial dunning letter to my old address but I never received one at my current location. I did DV them as soon as I found it on my credit report. I figured the one month term and open account status would be enough to hit them for deletion. Would sending them a letter asking for deletion based on this be too bold at this point?..

answered Mar 05 at 19:56

Marissa
's gravatar image

Marissa
65

I think, 623's depends on who owns the debt. If the debt was sold to the CA then I would think you'd be able to do a 623 letter since they now "own" the debt where as if it were just assigned..

Have you tried disputing it off your Cra's yet by jack attack?.

I always start first by disputing things off my Cra's..

Those that stick, then get letters sent to the Ca/OC etc. (Unless of course it's the initial dunning letter).

This post has been edited by.

Beli.

: 03 January 2010 - 09:08 AM..

answered Mar 05 at 21:00

Grayson's gravatar image

Grayson
546

Technically you can still use 623 for CAs it's meant to be used on Data furnishers meaning anybody that reports anything on your CR..

However, because the provisions of the Article 623 aren't as strong as others it's best to use 623 on OC only and use the much stronger FDCPA on the CAs..

Back to your question, there are a million and 1 things (BB , FTC, ICI , state attorney general, state consumer laws etc etc) you could do however it depends on the CA and what they are reporting.. so we need more information especially the name of the CA, your state of residence .....

answered Mar 05 at 21:31

Romeo's gravatar image

Romeo
2332

I live in Florida and the CA is an outfit out of Tampa called MAF Collections. It's for an old utility bill that I know I paid but, like an idiot, didn't keep my records showing that I did...

answered Mar 05 at 22:05

Alijah's gravatar image

Alijah
291

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