I need board members opinion on what my next move is. I have a collection agency National Recovery Agency which I have sent RR a validation letter in June. I have not heard from them. My green card has been literally stolen from my desk and I no longer have proof that I sent them anything. I have been disputing this account as "it should of never gone to collections" since April with TU and EX and so far TU has accused me of frivilous disputes and refused to further dispute until I had sent a letter to sue them. I have researched this entire problem and have found that the original OC went out of business and was bought out by another company who did send me a letter stating that "this account went to collections by mistake" and they have sent several requests to the collection agency NRA to delete this account. NRA has ignored the OC request to delete and has recently verified with EX that the account is correct and should not be deleted. In the meanwhile, they also updated the account to Paid and it will be sitting on my report for another 7 years. TU is still disputing this info and I have sent the supporting documents which they initally refused to take. I have an estoppel letter all ready to fax over to NRA, and at this point there are so many violations that I would like to persue this in federal court. Why you ask, because since April I have been telling the truth about this account everyone has called me a liar and I have done all the leg work and perpaired to get my credit straitened out before I buy a house. I am now in the loan process and they are the only neg I have left on my entire credit history with all three reports and getting anything done is like pulling teeth. So what would you do and what would you send? The lender already has my reports and I will have to explain this and as an additional FYI when my last neg fell off of EQ my score jumped 65 points so I am sure once this falls off my score will jump just as high on both TU and EX. Besides the collection account now shows as new within 12 months this was back in 97' Please give your wise words I am in a bind! BTW thanks for reading this long post
I had a similar experiance over a Cable box. I moved out of State and returned my box, luckily I kept the receipt they gave me when I returned it. Approx 2 months later the cable company was bought by a ATT and in the paperwork they lost mine. ATT never made any attempt to reach me, they just sent it to collections. When I started my journey I sent a letter to the collection agency to find out what it was for and they told me it was for a box that was returned. I sent them a letter back requesting validation, specifically the information on the box they said was not returned. No response from the CA. I then contacted ATT and their rep admitted the mistake and even joked they have the box to this day, 5 years later, in someone's home. She sent the CA a letter and a copy to me advising this was an error, the box was returned and I do not owe anything. Well this POS collection agency still refused to remove it from the credit report. I then filed a complaint with the AG's office with copies of all my correspondence and the letter from ATT. The AG's office sent the CA a letter asking why they were refusing to remove and low and behold it was removed that week. So in short, I would file with the AG's office or in Small Claims depending upon your time horizon for action.
Thank you for suggesting the AG Office, I didn't think of that.... I want to send them something else to replace the stolen green card for validation that I sent them. Also, in that letter I wanted to advise them of the violations and the intent to sue. So, before I contact the AG office and an Attorney what letter would you send? The estoppel letter does not explain that they are blatent in refusing to delete and the work I have done. Is there another letter that you would use or maybe just customize the estoppel letter? What ever I use will have to be good enough to show effort on my part for a long period since all my paperwork and green card were stolen. BTW I did file a theft report from the police dept and security dept of my place of employment.
Here is a letter I found on another site. Demand Letter Final Notice Before Suit Filed Account Number Dear Sir/Madame: On 01/11/2002 I mailed to your company, Certified Return Receipt, a request for validation of this alleged debt. An employee with your company signed for this letter on 01/14/2002. In the time between then and 2/14/2002, I did not receive anything from your company validating this debt. However, on 1/22/2002 I received another collection notice dated 01/18/02 from your company. In the letter it states â?? WE ARE OBLIGATED TO MAKE OUR BEST EFFORTS TO COLLECT THIS ACCOUNT, TO THE EXTENT PERMITTED BY THE FEDERAL FAIR DEBT COLLECTION PRACTICE ACT OF 1978 (PUBLIC LAW 95-109). Are you aware that by attempting to collect on this alleged debt before validating this debt (per my request) is a severe violation of the FDCPA? You are also aware the FDCPA has been amended since 1978, Under § 809. Validation of debts [15 USC 1692g] AIII of the FDCPA I exercised my right to request validation from you, within 30 days of receiving my first written notification from you. However, you failed to abide by the FDCPA, which you state you are obligated to do in recent communication with me, through the US Mail. Under § 809. Validation of debts [15 USC 1692g] B you are required to cease all collection activity until I receive either a copy of a judgment or any verification of the debt, which I was not provided. I also disputed this incorrect item with Equifax on 01/12/02 and they have advised me that you verified this account on 01/28/02. Since you had not validated this debt at that time this is also a violation of the FDCPA. A third violation of the FDCPA occurred when you failed to notify Equifax this debt is under dispute. Therefore, to avoid, what could be a lengthy lawsuit, for 3 violations of the FDCPA, I demand the following be done within 30 days. 1. Remove any negative remarks on my credit reports including but not limited to Experian, Equifax, and Trans Union. Provide me this confirmation in writing, signed by an authorized employee, on company letterhead before February 28, 2002 2. Nullify this alleged debt as well as any future collection attempts from ANYONE, whether it be big bad collection agency or original creditor or whomever. Provide this information in writing, signed by an authorized employee, on company letterhead prior to February 28, 2002. If these 2 items are not satisfied prior to February 28, 2002, I will immediately begin my lawsuit for FDCPA violations, defamation of character and enablement of identity fraud. May I remind you that if this is not settled within 15 days of receipt of this notice, under § 813. Civil liability [15 USC 1692k] I am allowed to sue for $1000 per violation as well as punitive damages. This will be my last notice to settle this matter amicably. Once I am forced to file a lawsuit for your violations there will not be any settlement negotiation that does not include your payment of $3,000 for violations of the FDCPA and Attorney Feeâ??s and Court Costs. This is your last opportunity to follow the laws of the FDCPA and to do what is required by law of you. I thank you for your immediate attention to this matter and look forward to settling this in a fast and amicable manner without costly litigation.
Okay, I have modified the letter please let me know if it is too strong. I didn't mention any final settlement amount as I am not sure how many more violations have occurred I need more time to get that straitened out to give them a settlement figure. I have never done this so please give your comments on this is really appreciated. Dear Sir/Madame: On 06/28/2002 I mailed to your company, Certified Return Receipt, a request for validation of this alleged debt. An employee with your company signed for this letter on 07/10/2002. I have not received anything from your company validating this debt. I have also never received any documentation trying to collect this debt from your company. Are you aware that by attempting to collect on this alleged debt before validating this debt (per my request) is a severe violation of the FDCPA? You are also aware the FDCPA has been amended since 1978, Under § 809. Validation of debts [15 USC 1692g] your company has failed to abide by the FDCPA. Under § 809. Validation of debts [15 USC 1692g] B you are required to cease all collection activity until I receive either a copy of a judgment or any verification of the debt, which I was not provided. I also disputed this incorrect item with Experian on 5/21/02, 6/26/02, 7/17/02 & 7/23/02 and Trans Union on 04/17/02, 05/28/02, 07/23/02 & 08/01/02 both companies have advised me that you verified this account on each occasion. Since you had not validated this debt at that time this is also a violation of the FDCPA. A FDCPA violation occurs for each action when you failed to notify Trans Union and Experian this debt is under dispute from the date I sent you the validation letter. This would be a total of four violations plus it is still considered collection action when the violation was verified that is four more violations. Also, under the FCRA there is a clear violation in section 623 of section (A) Reporting Information with Actual Knowledge of Errors this violation occurred when the Original Creditor Network Services contacted an employee of your company several times requesting this account to be deleted. Since this has not occurred at this time a violation occurs for each time the Experian and Trans Union contacted your company advising a dispute of this account as they were also informing your company the dispute was due to inaccuracy. I have also incurred damages as your negative trade line, which now shows, as collection activity within 12 months is the only negative trade line in my credit history for all three credit bureaus. I am currently going through mortgage process and it is keeping me from getting better lending rates due to this inaccurate information. Each violation is fined at $1000 each and in the state of California the violation is fined at $5000 each. At this time I am demanding not requesting immediate attention for the following to be done within 15 days. 1. Remove any negative remarks on my credit reports including but not limited to Experian, Equifax, and Trans Union. Provide me this confirmation in writing, signed by an authorized employee, on company letterhead before September 12, 2002, this allows for the lost business day for the upcoming holiday. 2. Nullify this alleged debt as well as any future collection attempts from ANYONE, whether it be another collection agency or original creditor. Provide this information in writing, signed by an authorized employee, on company letterhead prior to September 12, 2002. If these 2 items are not satisfied prior to September 12, 2002, I will immediately begin my lawsuit for FDCPA violations, defamation of character and enablement of identity fraud. May I remind you that if this is not settled within 15 days of receipt of this notice, under § 813. Civil liability [15 USC 1692k] I am allowed to sue for $1000 per violation as well as punitive damages and/or California fines for these violations at $5000 each. I will be contacting an Attorney for these various violations and unless you respond to these violations by repairing the damage you have caused by deleting the trade line than these violation will continue to add up. Since I am forced to file a lawsuit for your violations there will not be any settlement negotiation that does not include your payment of totaled count of violations of the FDCPA and Attorney Fee's and Court Costs. This is your last opportunity to follow the laws of the FDCPA and to do what law of you requires. I thank you for your immediate attention to this matter.
Do you have the other piece that the post office put on the letter- the "certified mail" piece? Because that one has the number that they tear off and put on the green card. If you go to usps.gov and go to tracking, it will state what date, time and place the letter contraining that tracking number was delivered. I'm sure that would be proof enough that you did in fact send it.
Looks good, one suggestion which you may be doing but does not show up on a message board is put in Bold type the seriousness of the violations and consequences to get their attention. I would bold type the following as well as the heading: If these 2 items are not satisfied prior to September 12, 2002, I will immediately begin my lawsuit for FDCPA violations, defamation of character and enablement of identity fraud. May I remind you that if this is not settled within 15 days of receipt of this notice, under § 813. Civil liability [15 USC 1692k] I am allowed to sue for $1000 per violation as well as punitive damages and/or California fines for these violations at $5000 each. I will be contacting an Attorney for these various violations and unless you respond to these violations by repairing the damage you have caused by deleting the trade line than these violation will continue to add up.
I had my letter stapled to the green card and the receipt with the tracking that I had printed out at the time from USPS all bundled up with all the paperwork that made up the research for that problem. So when they stole it they got it all. I will go ahead and bold the type as mentioned, thank you and just curious how can one properly count up the violations? Is there a check list for basics to check outside of the big obvious violations?
What I have been doing is throwing every violation I can think of along with the actual FDCPA or FCRA section and code. Even if it is questionable that they violated, I have thrown it in there. Personally, I think what is more important than the violation is the citation of the FDCPA or FCRA by code and description. It lets them know that you know the Law and can cite the Law they have violated. I think that is more effective than just saying you violated the FCRA and FDCPA. I may be wrong, but I have always done my letters just like the one you posted. I feel it is more effective that way. If you can think up anything throw the violation in there with the Section they violated. An educated debtor is their worst nightmare. They like to prey on the uninformed. The Laws when used effectively actually do favor the consumer. You just have to force them to realize that sometimes.
Thank you! I will finish up the document and fax it over. I don't think on this letter I will list every violation, and the way it is written should lead them to believe that I have them on more than what is listed. The final list can be actually listed on court docs and by then hopefully I will have an attorney to help me sort through it. Thanks for your support on this I do appreciate it and keep an eye out for the resolution that I will post when this is wrapped up.
The result that came from the letter sent to NRA, well I did not sue and they removed the neg and we settled it just that way. The End
