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First of all What is the best rebate Visa or Discover Card available? Thanks in advance for any answer or 2. Second question.. In trying to clean up dh's credit report we came across an account on EQ that is listed as collection IIB, now the account NEVER went to collection before the BK so I disputed with EQ came back as verified. So I sent a letter to the CA that has the account in the meantime dh, god love him, calls the CA and asks why they verified as it is incorrect. The response he received from a manager (he did get first last name and an extension) was that Seattle Service Bureau the CA NEVER was contacted by EQ. They had a long discussion and this mgr said he is going ot look into it. |
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Hmm... I need to find out myself. I don't know what is the answer to that question. I'll do some investigation and get back to you if I discover an answer. You should email the people at Discover Card as they probably can answer it..
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Yes, the case you are referring is White, et. al vs. Experian. I just posted an update on that a few days ago. The problem is that this account should have never been reported - PERIOD. Even WITH an "IIB" tag it would still be counted as a violation of the stay.
Therefore, considering the OP's account was NOT in collections at the time of the BK, the CA cannot report the collection - PERIOD. Reporting the collection on the CR after a BK has been filed is a violation of the BK stay. Has nothing to do with the IIB notation... Can EQ be found liable for not verifying accuracy with the CA? yes...certainly they can. But the orgins of the reporting go beyond that because the account is illegally reporting to begin with - a fact that makes the CA liable... |
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I have read/reread everything in this post. Now my question is should I go ahead and send a letter to EQ stating why this account needs to be deleted or do I wait and see what happens with the CA?..
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If I were you, I'd write the the CA (CMRRR of course) and tell them that they are violating the stay by even reporting it to begin with... I wouldn't even bring up anything about EQ not contacting them concerning the verification. At this point, the CA is violating your BK stay by reporting AT ALL. The point about EQ not contacting is moot compared to this fact. The goal should be total deletion of the tradeline..
I have a letter posted here:. Http://creditboards.com/forums/index.php?s...se+Brinkerhoven. You can use the general format but make sure you tailor it to your situation. For example, I was dealing with Chase - an OC. In your case, you are dealing with a CA. In your case, the CA has no right to report AT ALL because they received the account AFTER you filed bk. The laws & rules I invoke in my letter also apply in your case. Read over the caselaw and FTC letter carefully and you will understand where I'm coming from and why the CA shouldn't be reporting this account.. Post your letter and we'll critique it if you aren't sure whether you are stating your case correctly or not... |
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This situation made me think of this post:.
Http://creditboards.com/forums/index.php?s...uerrilla+tactic.. |
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Jen has a good point. Probably wouldn't hurt to combine both tactics and come at them with all guns blazing. The guerilla tactic can also give you "proof" to go back against EQ if necessary..
Nice add Jen..... |
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Thanks LadyRelm and Jen I have alot of reading to do but I will be at the post office tomorrow.
I want this off of his CR so bad... |
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I want to thank everybody for their help with this. As of 5pm this evening EST I got the response from Seattle Service Bureau and the collection will be DELETED. Again they said at no time in the last three years did Equifax contact them about the account. But when I gave them the reference numbers for the complaints to the BBB and WA AG suddenly it was easily fixed. This has been a crazy process but I am so happy. So Thank you again everyone here at credit boards are just wonderful and the knowledge contained and shared within this website is invaluable...
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And I forgot to add the letter is signed by and I spoke with the Vice president of the company which is also National Service Bureau INC, so if anybody needs a VP info let me know I have direct number and email...
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