I have a collection account listed on my credit report by ProCollect, a CA in Texas. The collection is for $40, through an apartment community in which I used to live. This debt is 100% inaccurate, but has been continuously verified by the CA. I contacted the OC, and they had no record of any debt, and no record of any attempt to verify the debt by ProCollect. I had the apartment community send the CA a letter demanding that they immediately remove the record, in its entirety, from their system. The OC also demanded that the CA contact all CRA's and have the entire record removed from my credit. The OC sent the letter to the CA in early February, however the CA is still verifying the debt, when contacted by the CRA's due to my dispute. As recent as March 9th, the CA has again verified the debt. I have sent copies of the signed letter from the OC to the CA, and demanded their immediate action. If they continue to verify this debt, despite the letter from the OC, what are my options. I know some may suggest that I sue them, but I've never done anything like that before, and would prefer a first step of sending a Nutcase type letter. Which nutcase letter should I use?
An easier route may be to contact your state's Attorney Generals office with your case. If all the information is accurate, you have a solid case that an AG's office can work with. It sounds like you are hesitant to "sue" directly, so let the legal system do it for you. As a note, this worked for me; I had an issue where I was ready to sue, and my states Bar Association referal service recommended to use the state AG office. Upon my last call to the furnisher, I noted I would be turning the matter over to the AG's office, and within 48 hours the tradelines were gone. It may take a while using the AG's office, but I think you will get results.
I really appreciate the insight. I dont know if I am necessarily hesitant to sue, but I've never gone that route before, and wouldnt know where to start. Who pays legal fees, etc. If I start working with an attorney, and the CA folds and deletes the items, does that mean I will have to pay legal fees? Sorry for my ignorance, but I guess that's why I'm here in the first place.
Their liability started when you disputed thru the CRA and they verified the erroneous data instead of removing it. Under FCRA they may still be liable even after removing it. FCRA also allows a court to assess attorney's fees and costs. The intent of Congress was that private actions would supplement enforcement by FTC and AGs. Has this erroneous negative information resulted in documentable financial damage, such as being turned down for credit, or having another creditor notify you of a change in terms such as a decrease in credit limit or an increase in interest rates?
There is a way to get the CRAs to do an end-run around the CA. The OC is considered to be the original source of the information being reported by the CA. Provide the reference to Cushman v. Transunion. The court used different emphasis than I did, so you'll want to get the original case for quoting. A case on-point that you may want to check out is Richardson v. Fleet. I'm also looking through a few other cases now...
You are all wonderful for helping. For almost a year I disputed the item directly with the CRA and CA. When I realized that CA's and CRA's dont care about the truth, I contacted the OC. They immediately sent the CA a letter directing them to remove the record in its entirety. The OC also sent me a copy of the letter. Despite the fact that the CA has this letter in their hands, the still havent taken it off my credit, or out of their system. If I can sue them, I will, but I dont know how.
You don't have to know how, any more than you need to know how to do your own surgery or repair your own car. There are people called attorneys who do it for a living. A private right to sue is part of both FCRA and FDCPA for a reason. Talk to a couple attorneys who handle FCRA, FDCPA, and consumer debt litigation. Many will allow a free initial consult, and some may take such cases on contingency based on how the case looks, and both FCRA and FDCPA allow for courts to award attorney's fees. If one isn't interested, another might be, and either way, you will get a better feel of where you stand and what your practical alternatives are. You might try finding an attorney with expertise in this area in your state at: www.naca.net
Have you sent debt validation directly to the collection agency? If not, this is the key to your deletion! Thanks to the very board members posting replies to you I have been able to delete all my collections from my reports. I have a very hard time imagining a collection agency going to court for $40.00 A letter of intent to sue would seem more than enough to get the deletion you are looking for. After all, they could be sued for a lot of money for their FCRA/FDCPA violations. Once they know that YOU are aware of this, you should have no trouble getting your deletion. If you need sample letters ask. We can post some and you can put together one you are comfortable sending. If you don't owe this, don't be afraid to set the record straight!
