Victory met with temporary defeat... I need some advice

Discussion in 'Credit Talk' started by dee333, Apr 28, 2014.

  1. dee333

    dee333 Member

    First off I would like to thank the administrators and members who graciously help us newbies navigate this new territory.
    Back in January I began my educating phase. I read all of the boards and then I proceeded with my first round of disputes. 30 days later I received responses that 5-6 items were removed from all of my reports. I have a total of 15 derogatories so 5 removed was a great boost, 4 of those are charge offs and I am planning to attack those next after SOL expires. Anywhooo, the CRA's send me a new credit report and there is a brand new shiny collection item on there for $1800, and get this my score dropped over 40 points, after it just increased a bit due to me opening a secured card and taking out a cd loan.

    So I call the collection agency to inquire about what this is (no clue) they tell me for a bill with Elite Home Security Service (ADT Reseller) I'm like "whaaaat?"

    Here is the problem 4 years ago a guy showed up at my door offering me a *free trial on home security* {now before I am bashed for taking his word - you do better when you know better and I did not know any better) He said that he was with ADT and that all I had to do was try this out for 30 days and I would not be billed he wrote all of this down on paper. Within a few days I was charged $45. I called ADT told the young lady about being charged and my free trial and that I wanted to cancel. She told me that was a reseller that I had to mail a letter. Which I did account cancelled. Within the last 4 years I have not heard diddly squat from these people. I don't have any records from 4 years ago. So, should I DV? I did sign something and the SOL on signed is 5 years here I believe. Should I contact BBB, FTC, Olivia Pope - suggestions please.

    Sad part is I am feeling very discourage after me working hard the last 4 months I am right back at the starting position with my score lower than it was when I started!
     
  2. jam237

    jam237 Well-Known Member

    I would dispute it in writing (don't call unless you are skilled on the phone - let's put it this way - ONLY reason that I call is if I want to have fun and then I am calling from a payphone, in a disguised voice, and I've never been given an account number or any other information that I can give them! :))

    You want to include that (a) the account was created under false pretenses, (b) by a door-to-door sales person, (c) who operated in violation of the Federal Trade Commission's Cooling Off Rule, and (d) in violation of the Fair Credit Billing Act.

    The account is disputed in it's entirety under the Fair Debt Collection Practices Act, and any future collection efforts will see them held liable as a co-conspirator to the alleged original creditors fraud.

    You then want to send to the BBB & AG of their state (both the CA & OC 'the reseller'), and yours, as well as the FTC, the same dispute. Hint: Add "CC: BBB (your area), BBB (their area), BBB (OC area), (your state) AG, (their state) AG, (OC state) AG, and FTC." to the bottom of the letter, and literally use the same letter.

    As soon as you know that the CA received the dispute, dispute through all CRAs as the result of a fraudulent door to door salesman transaction, the transaction was immediately canceled in compliance with the Federal Trade Commission's Cooling Off Rule, and the fraudulent door to door salesman is illegally attempting fraudulent collection of the original fraudulent account.
     
  3. dee333

    dee333 Member

    OOO Jam you are good!!! I can't wait to type up my letter tomorrow. Thank you soo kindly!
     
  4. jam237

    jam237 Well-Known Member

    Quite a few years of experience... :)

    Actually someone (mindcrime) just pointed out a thread that I had from 7 years ago that went a similar way... :)
     

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