- Report: #1322362
Complaint Review: River Works Credit Union - Lynn Massachusetts
Reported By:
Matthew Abbott -
Salem, Massachusetts, USA
Submitted:
Updated:
-
Author Not Confirmed
Why?
River Works Credit Union
947 Western Avenue Lynn, 01905 Massachusetts, USA
Phone:
(781) 599-0096
Web:
http://rwcu.com/
Categories:
Business Rating:
(0)
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River Works Credit Union GUILTY OF SEVERAL FCRA VIOLATIONS Lynn Massachusetts
I had a vehicle loan through RWCU that fell into default in 2006. The vehicle was sold at Auction on April 28 2006. RWCU reported false information to the credit bureau in order to prevent the debt from falling off. I tried to contact Anne Marie in the collections department in regards to obtaining copies of the original documents pertaining to the loan. After I told her that I would prefer all communcaion via email she told me that if I wanted copies of the documents that I would need to go through a lawyer and has refused to communicate with me.
RWCU IS GUILTY OF THE FOLLOWING
- Debt re-aging
- Fraud/Filing false information with the credit bureau
- Decving debt recovery practices
1 Updates & Rebuttals
Robert
Irvine,California,
USA
Comments..
#2Consumer Comment
Sun, August 14, 2016
It is rare after this length of time your debt would still be with the original creditor, so you need to verify if it is really them or a Collection Agency. If it is a Collection Agency you can use the Fair Debt Collection Practices Act(FDCPA) as well.
Now, at this point unless you are disputing the amount owed the ORIGINAL loan documents mean nothing. Because your contention is that it should be off of your credit report. You have admitted that the car was sold at auction in 2006, which I figure is part of a Reposession. Now, as you are claiming this means that it should have been off of your credit sometime in 2013.
The question now is did you do anything that could have re-aged the debt? Depending on the situation this could have been something like sending them a "good faith" payment, sending them a written promise to pay.
The other question you need to verify is what is the debt listed? Is this a lawsuit where you have a judgement against you? If so then the judgement becomes a new debt, and can be listed from the time of the judgement. If it is a judgement and you had no idea, then you have other issues you need to deal with to find out if the judgement is legitimate.
As for communication. The ONLY way you should be communicating with them is through Certified mail with a return receipt. This way you have proof of exactly when you contacted them, and really what courts prefer when it comes time to prove your case. While they won't respond by Certified mail, you would still have their responses in writing.
If you are positive that there is no legal reason they can use to have the debt listed on your credit report, you then need to formally send them a certified letter disputing the listing. Depending on if they are a Collection Agency this may be under the FCRA and/or FDCPA. You also need to send the Credit Reporting Agencies disputes as well. If they still fail to remove it then you can take everyone to court. You can do this through Small Claims process, but it would be adviseable to at least consult an attorney to make sure all of your paperwork is in order.
