OK. I need some opinions on how to go about this. I have ONE collection left on Hubbys reports. It is through a collection agency that used to be the local TU office. They WILL not remove this listing so in a last attempt I would like to write a letter to the original creditor. This is the lawyer that was supposed to do our closing and never did. At this point (with it being the last derog) I do not mind paying for deletion. ($135.00). How would I go about this one? Like I said it is listed only with the collection agency, but I think I am going to have to go through the lawyers office. PLEASE HELP ME!!!
By the way- I have to have this listing 100 percent removed to be approved for a USDA loan. Anyone with a sample letter or advice would REEAAAAALLLLY be appreciated.
did the collection agency prove that it owns the debt, is licensed in your state and provide written contract signed by you? briana
http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&pgnum=5&postid=191469#post191469 Good Luck!!! -Peace, Dave
Yes. They do much more then inspect food though I am trying to get a home loan through them (at 2%) they require no collections- paid or unpaid in the last year.
if the collection agency did not prove that it owns the debt, is licensed in your state, and provide written contract signed by you then they are violating the FDCPA for reporting to the credit bureaus as this is considered collection activity by FTC opinion. briana
OK...I am really angry at this point. I tried one last time to get this resolved with the collection agency. If you haven't read my posts about this account here is the back ground. We called this real estate lawyer to accompany us on the closing of our home. He did not show up, after an hour and a half of a delayed closing we were told by the paralegal to fax the information so that he could look it over. In a complete bind we did so. After another half hour or so (with an angry seller and closing officer) I called to see what the deal was. Guess what? The bastard went to lunch. We NEVER heard from them again until the collection agency called about a bill. Well today I was informed by the collection agency that because they have this account as "disputed" with the credit bureaus this is all they have to do. They told me to sue them, as they do not have to provide me with anything other then a bill. I never had a contact with this lawyer or else I would have sued him for not showing up. I do not have time to sue them as the cut off for applications for this loan is Sept 1 (the end of the USDA fiscal year) PLEASE HELP ME!!!!
Was this in writing? If NOT then why are you calling or speaking to a collection agency over the phone, especially without a recording device? Get it in WRITING!!! If you have proof of them saying/writing this, it would be a slam dunk in court and I would definitely sue them...tommorrow AM. First of all, having the account "in dispute" is NOT all they have to do. They have to provide adequate proof that you owe them. This includes a record of all bills/payments/fees/ and interests that have occurred/accrued on the account. It also should include a signature or some proof that you accepted this debt originally. Second, A bill does NOT provide adequate proof...if they say it did, you could make up a bill for $10,000 put the collectors name on it, and send it to them saying "this provides adequate proof that they owe you $10,000" (I am not advising you do this but it is to make a point). IT DOES NOT provide adequate proof. In fact, a "bill" would NOT be proof of any debt at all. Are they legally able to collect this debt? Have any payments been made on this bill? Is there interest and is that interest allowable according to your state laws? I would suggest you send the Estoppel along with a threat to sue, and state the requirements provided by the FDCPA on adequate validation. I would include the Wollman FTC letter and Brennan v. Spears case as evidence of past presidence, FTC opinions, and court rulings on this matter. I would demand they provide you adequate proof as required by the FDCPA, or act immediately to remove the listing from all credit bureaus that have been notified of this, or you will file XXX date and will see them in court. Tell them to bring their checkbook! -Peace, Dave
i never talk to CA's on the phone except to tell them to send me a letter, laugh at them, and then hang up on them briana <<no fear of CA's anymore>>
Hi Nave. I am not good with quoting more then one thing so my answers are in stars Thanks ******I called them because I need to get this taken care of ASAP. I know that this is not recommended but I dont have much of a choice at this point. I was VERY careful about what I said and didn't say. First of all, having the account "in dispute" is NOT all they have to do. They have to provide adequate proof that you owe them. This includes a record of all bills/payments/fees/ and interests that have occurred/accrued on the account. It also should include a signature or some proof that you accepted this debt originally. *****I also understand that a bill is not proof, I am just trying to convey to you what I was told. I would suggest you send the Estoppel along with a threat to sue, and state the requirements provided by the FDCPA on adequate validation. I would include the Wollman FTC letter and Brennan v. Spears case as evidence of past presidence, FTC opinions, and court rulings on this matter. I would demand they provide you adequate proof as required by the FDCPA, or act immediately to remove the listing from all credit bureaus that have been notified of this, or you will file XXX date and will see them in court. *****Could you or someone else here help me to gather this info? I am sure I am asking alot but I really need this badly. These guys WILL come to court, they are in the same city as me. The biggest problem here as I said is there is at least a 3 month wait. Also, I know they know what they are doing...they used to be the TransUnion office. Again I am so lost and very desprate here. This loan is so important to us right now.
i sent an intent to sue letter to a CA and AGAIN got no response, i was frustrated didn't really want to drive to columbus to sue, so after two weeks i sent a dispute to CB's basically saying that they were an accessory if they left the account listing, which i sent proof was illegal (my debt validation letter, intent to sue letter). i sent priority mail (don't like it as well as cm rrr, but it's faster) delivery confirmation. it was removed from the two CB's it was reporting on within two weeks of the date i sent the disputes. briana i vote go naves way: cut it short and just send them an intent to sue letter now, wait a couple weeks and send a nice thick packet to the CB's.
btw... ---------------------------- These guys WILL come to court, they are in the same city as me. The biggest problem here as I said is there is at least a 3 month wait. Also, I know they know what they are doing...they used to be the TransUnion office. Again I am so lost and very desprate here. This loan is so important to us right now. ---------------------------- it doesn't matter how much they know what they're doing. **IF THEY DON'T OWN THE DEBT AND HAVE YOUR SIGNATURE THEY ARE UP A CREEK WITHOUT A PADDLE** and if they're in the same town as you i say go ahead and sue and make a few thousand bucks, no travel costs! if you're worried about time, threaten suit with the CB's if they don't remove the invalidated listing. briana
That is ok...next time use a device that records the call (radio shack has cheap ways to record a phone call). Sure no problem at all. Click Here No trouble whatsoever ) Have no fear, about court. You are in the right. Just make SURE you keep all your evidence. The 3 month wait is ok too because you can send a letter 2 days after you serve them, offering a settlement rather than going to court...that may lead to expedited results. If you have to wait the 3 months and are DESPERATE to close on a loan or mortgage soon, I would explain to the broker that the information on your report is incorrect, and you are suing the agency responsible for this malicious derogatory listing...maybe you can close, with a chance to review your rates after the court date (explain that it would be done today if NOT for the backlog in the courts, and this CA refuses to respond to your requests at all, so you have no other recourse but to sue them). Not that it WILL work, but you may have a chance. As a last resort, you can always refinance the loan after you win the court case...then SUE the CA again for the amount of points/fees you have to pay later. After all, with a win in court about the malicious and erroneous listing, you will have clear evidence that their listing cost you $XXX and they should be responsible. Worth a shot anyway! This is why knowing and working on your credit report is crucial...this last minute correcting thing hurts ALOT of people...it just wacked my sister and her house for a few % points and $. Good Luck! Peace, Dave
Thanks Dave I appreciate it. I have been working on our reports forever. Figures one that really isn't valid would screw me now. I understand what you are saying with refinacing and all that, but this loan is different. It is a Rural Development loan and I absoultly can not turn this application in after Sept 1st. There can be no collection activity in the last one year, paid or unpaid. I will check out your info, and THANKS AGAIN!!!!
