Hi, there! I found this place a few days ago and let me say, WOWZAH! You folks are amazing and to be commended for your generosity and good will. I am... a credit newbie; PHEW, glad to get that out in the open. Furthermore, I was a credit moron (I'm changing my ways now). In fact, my username should really be "stupidcollegestudent" since that was what I was until a couple of years ago. Managed to get myself in quite a bit of debt in those four years, sadly a typical story. So, here's my situation, hopefully you friendly folks will be able to steer me in the right direction: I got a copy of a three-in-one credit report last month, and saw that there was a charge off that does not belong to me. It's for Swiss Colony, and a member of my family opened an account in my name while I was on the other side of the country attending college. The charge off dates from 2000, and is less than $100. Coincidentally, I was going through old bank files yesterday and found a cancelled check I had written to Swiss Colony in 2000; I'm surmising I returned home for the summer, found the bill in my name, and paid it in order to get rid of it, then wiped the memory from my mind. Apparently the sum I paid wasn't for the full amount, since it's showing up as a charge off; either that or someone got their shop on when I went back to college that fall. After I received my credit report, I called Swiss Colony and they referred me to the collection agency. How do I get rid of this charge off? Should I try a "pay for deletion"? -OR- Should I dispute with the CRAs? -OR- Should I send a validation letter? If so, should I send it to the OC or the CA? -AND- Did I incriminate myself by paying part of it back in 2000? I've read the FAQs and the Hall of Fame postings, but truth be told the whole dispute/validation process still has me confused. Any input you folks can provide will be greatly appreciated! Thanks! sharbar
Welcome Shabar. I would request validation, especially because you mentioned that you suspect a member of your family opened the account and you don't know anything about this account. Maybe you really did pay the balance off in 2000, who knows. Validation is the best way to find out. Request it on the CA. Here is a simple validation letter I have used: XXXX 29, 200X Re: - Account #xxx052 (according to XX CRA) â?? Creditor To Whom It May Concern: I hereby dispute the validity of this alleged debt against me. Please provide 1) the document with my signature, agreeing to pay this alleged debt and interest. 2) documentation of the social security number provided by the account opener of this alleged debt. 3) itemized accounting to substantiate the alleged balance. 4) the agreement with (original creditor) that grants you the authority to collect this alleged debt. Wait about 10 days after mailing the validation and dispute with CRA. Here is a sample cover letter I have used to accompany the validation: I dispute the validity of the above alleged account. Primarily, because it does not belong to me. Please delete this account from my credit report(s) and provide me with a letter of XXcreditor's removal of this account from my report. If you are unwilling to delete this account from my report, please comply with the enclosed validation request. Sincerely, BTW, is it the CA or OC who is reporting this account, I am assuming it is the CA. You can't request validation on OC, unless you live in California where state laws requires OC's to validate if requested to do so.
Send a validation letter to the CA. Do the 1 2 punch by sending a dispute to the CRA once you recieve your CMRRR back. Wait for the CA 30 day non-response and send another validation. Check your credit report to see if they listed as dispute, if not, then send an intent to sue. That's my opinion, others may have a better idea. I'm in the process of doing this and just sent an ITS to the CA. I bet they delete. BTW- I sent a copy of the court house paperwork partially filled out to show them that I was not bluffing. Mitch
Being the litigous son-of-a-bitch taht I am here's what I would do 9and in the order taht I would do it): 1: Contact the CA by mail and demand full validation of the debt. This will include when it was created, how it was created, a copy of something with your signature on it authoirizing it and a complete posting history from zero-balance to today. The CA will do one of two things: 1A: They will comply. Then I would compare the date of default with the date of the check taht paid the account. If the check paid the account in full before it was assigned to the CA I would then start setting up the CA for a lawsuit. More on that to follow. 1B: Most likely the CA will ignore your request. Given them 30 days then dispute the entry with every CRA that it appears on. The CRA will check with the CA, and it wiill come back "verified". Do this again. It will come back "verified" again. Then file suit against the CA for violation of FDCPA Section 809 claiming willful violation under Section 813 and file suit agaiunst the CA in small claims court for $1000. 1A1: If the CA complies with Validation and the account was paid before it was assigned, I would send an Intent to Sue letter to the Original Creditor for violation of FCRA Section 623 (they should have known they got paid, after all they cashed the check) and suwe for $1000 Statutory Damages. 2: Check the Status date as reported by the CA against the default date shown on the validation (or the date of the check). If the Status Date on the CRA file is later than the date on teh check or later than the date of default on teh Validation (whichever is germane) I would send an Intent to Sue letter to the CA for re-aging the account in violatuion of FCRA Section 623 and demand $1000 Statutory Damages.
Thank you all so much for your input! I feel so lucky to receive your help! Here's the game plan: send validation letter to CA via certified mail after getting the green card, send dispute to CRAs via certified mail cross my fingers and hope it works! Here is the letter I have composed, borrowing heavily from your posts and other letters I have found; I would appreciate any input regarding it: RE: Swiss Colony Acct. #XXXX To Whom It May Concern: I have recently received a copy of my credit reports from Experian, TransUnion, and Equifax listing the above account. After contacting Swiss Colony, I was informed that your company had been assigned this account for collection. I am disputing the validity of this account; I have never had an account with Swiss Colony. I am writing this letter to request that you delete this account from my credit reports and provide me with a letter of Swiss Colonyâ??s removal of this account from my reports. If you are unwilling to delete this account from my reports, please provide proof of the alleged debt within thirty (30) days of receipt of this letter; specifically, please supply: 1) documentation stating when and how the account was created; 2) document with my signature authorizing creation of said account; 3) itemized accounting to substantiate the alleged balance; 4) agreement with Swiss Colony that grants you the authority to collect this alleged debt. Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me. I look forward to a timely and amicable conclusion of this matter. Sincerely, sharbar A few more questions, I beg your patience: I have read in other posts that you should not hand-sign the validation letter. Why? Since I got a three-in-one credit report, will that be a problem when I dispute with the CRAs? I believe they make you reference their own credit report number in disputes, which I will not have. Thanks in advance for your help! sharbar PS To cinderella, it is the OC that is reporting the account.
Your letter looks great. The theory about not providing your signature to creditors, particulary CA's who are known to be unscrupulous at times, is that they will "cut and paste" your sig. to create a bogus document showing your sig. to open the account. Never had it happen to me, and IMHO would be a rare occurence, but better to be cautious. You never know.
If the OC is reporting the account, then validation on the CA will not get the OC to remove the account from your credit reports, it will only likely get the CA to remove the account from your reports. Go ahead with the validation and dispute with the CRA like you were planning. The CA may just send the account back to the OC if they can't validate. If the OC still reports you still have options: Y ou can send in validation to OC if you live in Calif., as OC has an obligation under state law to validate upon request. You might want to look at Butch's sig., regarding the FCBA (Fair Credit Billing Act), it may or may not apply to you. But it is required upon OC's. You can also dispute it with the OC, but they do not have to provide validation under the FCRA, unless of course you live in Calif. OC may be willing to settle for deletion or just delete in any of the above situations.
Re: Re: Charge Off Help Please! Egads, the plot thickens! Thank you, cinderella, for the heads up! Allrighty, here are my new options, as I understand it: Still send the letter to the CA, but remove all references to them deleting the account since they do not have the power to do so, as the account is listed under the OC. Send a similar letter to the OC asking for proof, but as I do not live in California there is the chance they won't do a darned thing. Hmm, what to do, what to do? Okay, I think that I will take it up with the OC, send them a certified letter, and wait for a response. If I haven't gotten one in a month, then challenge the CRAs, showing them a copy of my letter to the OC and the green card, and hopefully they will remove it. Does that sound like a plan? Thanks, folks! sharbar
Re: Re: Charge Off Help Please! One practice that is worth gold if it pans out, is to check and see whether the collection agency is even legit to collect. If they aren't, and I'm surprised how many aren't, the problem is pretty much solved. So, before I deal with ANY CA, I always check their legality.. see: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=26763&highlight=notions
Re: Re: Charge Off Help Please! Yep, OC's reporting throw a wrench into the problem. CA's are somewhat easier to deal as they are required to validate per FCRA. But OC is not completely off the hook, if they continue to report and VERIFY inaccurate information, they can be sued under FCRA. I wouldn't worry about it too much. If it isn't your account, you will get it off all your reports eventually. Hopefully soon and without much effort on your part. Maybe you will get lucky on your first dispute and get it off, hard to say, it is such a crapshoot. I wouldn't count too much on the CRA's stepping up to the plate and helping based on evidence you provide. One CRA is notorious for ignoring evidence. The most you can expect from the CRA is they investigate your dispute(s). But generally speaking about CRA disputes, you have two shots per account per CRA. If you get a third dispute on the same account, you are LUCKY!!! Here is a link to the FCBA: http://www.ftc.gov/bcp/conline/pubs/credit/fcb.htm I would notify the OC by CCCR of the following: 1) account is not yours-and to provide all the paperwork related to the account to yourself if they insist on reporting it as your 2) Create a request based on the FCBA and request OC to comply with this request Worse case scenario, if OC continues to report, you can always take them to small claims and make them prove it is your account. Hopefully, that won't happen......but you never know.
Re: Re: Charge Off Help Please! Okay, here's my revamped letter to the OC: RE: Swiss Colony Acct. #XXXX To Whom It May Concern: I have recently received a copy of my credit reports from Experian, TransUnion, and Equifax listing the above account (I do not have the entire account number to provide you as this is all that was indicated on the reports). I am writing to dispute the validity of this account; I have never had an account with Swiss Colony. I respectfully request that you please delete this account from my credit reports and provide me with a letter indicating removal of this account from my reports. If you are reluctant to delete this account from my reports, I would appreciate it if you would provide proof of the alleged debt within thirty (30) days of receipt of this letter; specifically, would you please supply: 1) documentation stating when and how the account was created; 2) document with my signature authorizing creation of said account; 3) itemized accounting to substantiate the alleged balance. I find it very troubling that an account was opened fraudulently in my name and is adversely impacting my credit, and I hope that, with your help, this matter will be settled swiftly and amicably. Please let me know if there is anything I can do to expedite the process and bring matters to a swift resolution. Thank you very much for your time and attention to this matter. I look forward to your response. Sincerely, sharbar Sorry, it seems I need constant handholding! Sound all right? I tried to strike a balance with friendliness and firmness.
Re: Re: Charge Off Help Please! Looks good to me. Most newcomers here need some handholding, this stuff can be overwhelming. Heck, it still is for me
Re: Re: Charge Off Help Please! UPDATE: It took a couple of months, but I finally received a letter from Swiss Colony stating that they believed the account had been opened fraudulently and they were taking the necessary steps to remove it from my credit reports. Whoo hoo! I checked my PG scores, and EQ jumped from 574 to 607, and EX from 574 to 614! Still waiting for TU. I am so happy that this is finally being taken off! It was the worst thing on my report. Pardon me while I do a little dance by the computer. To all those just starting out: it can be done! Thank you all for your help, I would not have been able to do this without all you friendly C-netters!
Re: Re: Re: Charge Off Help Please! -Please post this here also- thanks. > CreditNet Testimonials! http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=411968#post411968 ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
