• Report: #926872

Complaint Review: Dell Financial Services

  • Submitted: Mon, August 13, 2012
  • Updated: Tue, August 14, 2012

  • Reported By: Justin — Covington Georgia United States of America
Dell Financial Services
1 Dell Way Round Rock, Texas United States of America

Dell Financial Services Dell does not believe it should follow the law. Round Rock, Texas

*Author of original report: Both are still on the hook:

*Consumer Comment: If that is the case...

*Author of original report: DFS Update

*Consumer Comment: Question:

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I had a debt with Dell Financial Services from 2008 and was contacted by Financial Recovery Services.  The agreement to validate the debt was never fulfilled, no agreement between the two companies were provided, I had to pay the debt to prevent further damage to my credit report, and the account is continually incorrectly reported to the credit bureaus.  The customer service personnel do not assist with paid debts.  I have spoken with four people today who have provided false case numbers and do not return calls. They also refuse to provide account history. I have now filed a formal complaint with the Texas Attorney General, the Better Business Bureau, and the Federal Trade Commission's Consumer Sentinel system.  I am sending a certified letter tomorrow informing Dell Financial Services they have violated the FCRA and the FCDPA, and I am taking further action. This company has a history of judgments against their violations of the FCRA and the FCDPA. It has been months since the requests have been made. The company now must remove the items from my credit report, but they refuse to comply with any laws.  This is my last action prior to retaining an attorney.

This report was posted on Ripoff Report on 08/13/2012 09:52 PM and is a permanent record located here: http://www.ripoffreport.com/r/Dell-Financial-Services/Round-Rock-Texas-786827000/Dell-Financial-Services-Dell-does-not-believe-it-should-follow-the-law-Round-Rock-Texas-926872. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
2Author 2Consumer 0Employee/Owner
Updates & Rebuttals

#1 Author of original report

Both are still on the hook:

AUTHOR: Justin - (USA)

The FDCPA still applies to FRS while they were acting as an Agent which they had failed to respond as well to the original debt validation request.  I have disputed the account status and the account history with the credit reporting agencies and they have said DFS automatically reported the information.  When contacting DFS, they do not have any account history available, even when I told them the account history from 2009 and 2010 and the charge off status is consistently incorrect.  The two attorneys I have spoken with have said either I need to get the certified letter from February or send a new one at this time requiring DFS to provide month by month account status and payment history at the time of delinquency.  Additionally, I have to reference statue 623 of the FCRA that requires Dell Financial Services to respond within five business days.  The items should have been removed already from the disputes, but they said this would secure the accuracy and hold Dell Financial Services, and possibly Financial Recovery Services, accountable for fines that they could pursue if I was interested in that route. With that being said, since all of the other complaints have already been sent out, this was the last letter needed to outline the errors.
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#2 Consumer Comment

If that is the case...

AUTHOR: Ashley - (U.S.A.)

then the FDCPA does not apply in your case. If Dell never sold the debt and was collecting the debt, then they do not have to follow the FDCPA. The FDCPA only covers third party debt collectors, not original creditors. That means they don't have to validate, they can call you all they like, etc etc....

Now you do mention them reporting you incorrectly. That IS something that dell needs to correct by law. Did you pay your entire balance in full? or did you pay a settlement?  If you paid any other amount instead of paying your account in full, then they do not have to report it paid in full. If you settled for a lower amount, they can report that in a different manner. If they are reporting in error, and you have contacted the credit bureaus of the error with no correction, you can hold dell liable for 100-1000 dollars in damages.

How are they reporting you the the credit bureaus?

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#3 Author of original report

DFS Update

AUTHOR: Justin - (United States of America)

Since Dell Financial Services is the original creditor, I requested validation of the debt sent to the collection agency and the agreement between Dell Financial Services and Financial Recovery Services.   To your previous question, yes, I had submitted the request via certified mail with return receipt (this was in February).  Had Financial Recovery Services reported the debt to my credit report, I would work the dispute out with them; however, Financial Recovery Services say they are acting as an Agent of Dell Financial Services.  All correspondence with Financial Recovery Services describes their services as an Agent with Dell Financial Services as the Creditor.

If Dell Financial Services had sold the debt to Financial Recovery Services, they need to provide the agreement making FRS the Creditor, not the Agent working on their behalf.  Additionally, just because the original creditor may not decide to accept payments for a debt sold, they are still responsible for validating a debt, even after it is paid.
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#4 Consumer Comment

Question:

AUTHOR: Ashley - (U.S.A.)

Have you contacted financial recovery services? If I understand how credit reporting works, once an original creditor sells the debt to a debt collector, they no longer have anything to do with it. Shouldn't you be going after financial recovery services since they are the ones that managed your payments and they shuold have reported it paid?

Also, on your initial request for validation of the debt, did you send it in writing via certified mail?
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