I posted about this problem a while ago and this letter is a mix of things I have found on this board. Please give any and all comments! Thanks! RE: NOTICE OF PENDING LEGAL ACTION I am writing you this 6th and final letter in an attempt to resolve this matter amicably. This will be my last letter sent to you before legal action is taken in this matter. I have written Verizon letters of dispute and have requested proper validation of the alleged debt per the FCRA, the FDCPA, and the FCBA. I have tried respectfully and patiently to receive information and validation of the account you are reporting to the credit bureaus. To this date you have refused to supply me with this information and have ignored all of my requests for validation, which I have sent via certified mail and therefore have confirmation that you have received my requests. Please be aware that I am exercising all of my rights per all applicable laws protecting me. Since January 21, 2002 I have been trying to receive information directly from Verizon regarding the account you are reporting on my credit files. On this date, I received an updated credit report in which this account was verified as mine. I have never held an account with Verizon. I first contacted Verizon by phone and on February 14, 2002 sent my first written correspondance. On February 21, 2002, you wrote to me that after a thorough investigation of the account in question, it was concluded that there was no evidence of fraud, and to contact Verizon Wireless Corporate Collections for payment arrangements of the full balance of $. Upon receiving this letter, I spoke another representative who told me that the â??usualâ? procedures were taken in the investigation. I asked him for specific details and again told him that I had never held an account with Verizon, and expressed to him my concern and confusion as to how this was determined my account. He told me that he could not give me any details as to their investigation but I was required to contact Corporate Collections for payment because Verizon it was my account. On February 26, 2002 after speaking to the above representative, I sent another letter requesting details of the investigation, details of the account in question, and proper validation that this account and debt was mine. I did not understand how this account had been verified as mine when I had never held an account with Verizon and I was extremely concerned as to how it was possible and was concerned that someone had opened this account under my name. On March 12, 2002 I received a collection agency letter from Asset Management Outsourcing Recoveries, Inc., dated March 7, 2002 in an attempt to collect a debt. On March 13, 2002 I wrote a letter to Asset Management Outsourcing Recoveries, Inc. as well as another letter to you, again requesting information and validation of the account in question. On March 21, 2002 I received a copy of your letter dated February 21, 2002 as well as a copy of a Bell Atlantic/Nynex Mobile contract I had from .... The Bell Atlantic/Nynex Mobile contract was an account for cellular service that I did have. When the contract period ended, I did not renew the cellular service and did not have any outstanding balance due on that account. It was paid as agreed and was closed upon my not renewing the contract. If I am assuming correctly from receiving the contract copy from you, the Verizon account that is listed on my credit files is in reference to this Bell Atlantic/Nynex Mobile account. The details that have been reported as the Verizon account are different from the details of the Bell Atlantic/Nynex Mobile account that I did have. The dates shown as the account being opened and closed are different, it shows that the account is a collection account and was charged off, and it has a past due balance. Again, this is not correct as the Bell Atlantic/Nynex mobile account that I had was closed by myself when the contract ended and the account did not have any balance other than $0.00, it was not charged off and had no outstanding past due balance. Upon receiving the above correspondance from Verizon on March 21, 2002, along with the copy of this contract, I wrote another letter. I again requested information and validation of the Verizon account you are reporting, however now that it seemed to be in reference to the Bell Atlantic/Nynex Mobile account I had, my request was more specific. I requested copies of all records and billing statements, as I am legally entitled to, from the contract period of my Bell Atlantic/Nynex Mobile account in order to match and compare these with my financial records. Again, when the contract period for this account ended, there was no outstanding balance on the account. Furthermore, I did not receive anything more regarding that account once the contract ended and the service was terminated. On April 15, 2002 I again wrote another letter requesting validation of this account having a balance due, as I still had not received any response or acknowledgement to my previous requests. Again, I have sent my correspondance to you via certified mail and have confirmation that you have indeed received my letters. It has been 3 months, 90 days exactly, since I began writing to you and asking for proper validation and information regarding this account, as well as the balance you are reporting as charged off and past due. During this time I have written five letters, this being my sixth, and 32 days have now passed since you received my last letter dated April 15, 2002. I have received no response from you supplying me with proper validation of the alleged debt you have continued reporting on the account. Under the doctrine of estoppel by silence, Engelhardt v Gravens (Mo) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt exists. Again, I have tried respectfully and patiently to receive information and proper validation from you regarding this account and the past due/charged off balance you have reported. Your company has failed to send the legally required documents to validate this debt. Furthermore, I have continued to dispute this account with each of the credit bureaus and it has continued to be verified. I have also received a number of credit reports during this period of time I have been disputing this account directly with Verizon, and there has not been any notation of this account being in dispute, although Section § 623 of the Fair Credit Reporting Act requires you to do so. Additionally, I have discovered a recent inquiry for my credit history reported on my Experian credit file from Verizon, noted as permissible purpose. According to the definition of permissible purpose as defined in Section § 604 of the Fair Credit Reporting Act, your company did not have any permissible purpose to obtain my credit file information. Especially when during this time I have been in contact with Verizon disputing this account. You have been notified repeatedly that your actions are detrimental to me and I have repeatedly requested validation and information regarding the account you have been reporting. Again, I am exercising my rights per all applicable laws protecting me, including but not limited to the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and the Fair Credit Billing Act. The following are some of the direct violations your company has made: Fair Credit Reporting Act 15 U.S.C. §1681s-2 §623 DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION. Fair Credit Reporting Act 15 U.S.C. §1681s-2 §623 (3) DUTY TO PROVIDE NOTICE OF DISPUTE Fair Credit Reporting Act 15 U.S.C. §1681s-2 §604 PERMISSIBLE PURPOSE OF CONSUMER REPORTS Fair Credit Reporting Act 15 U.S.C. §1681s-2 §616 CIVIL LIABILITY FOR WILLFUL NONCOMPLIANCE. Fair Credit Reporting Act 15 U.S.C. §1681s-2 §617 CIVIL LIABILITY FOR NEGLIGENT NONCOMPLIANCE DEFAMATION OF CHARACTER This notice is an attempt to inform you that legal action is pending and the information you are reporting is inaccurate and in full dispute in an attempt to correct your records, and any information received from you will be collected as evidence should this case result in legal action against you or your company. Please refer to section § 616 of the FCRA regarding liability for noncompliance as I have consulted an attorney in this matter and am prepared to file legal suit accordingly. Your non-compliance of proving the information you are reporting to the credit bureaus as being true, correct and accurate amazes me. I am keeping very thorough records of my correspondence and contact with Verizon and you have not provided any evidence of what you are reporting about me to be true and accurate. In final summation I am requesting a final resolution to this matter as stated. If you wish to resolve this matter, this will be your last opportunity to do so. This alleged account MUST be DELETED from my credit files with the three major credit reporting bureauâ??s (Equifax, TransUnion, Experian) within 7 days from tracked and verifiable receipt of this letter. Forward a letter to me via regular U.S. mail stating it has been removed and will not reappear on my credit reportâ??s again and also include a copy of the Universal Data Form as submitted by you to each of the three credit bureaus stating the deletion of this account. I will accept nothing less. Also be aware that if this account is not deleted within 7 days of receipt, I will file a formal complaint with the Federal Trade Commission, State Attorney Generalâ??s office, Better Business Bureau and the stateâ??s reality licensing commission or bureau. Also note that section 1681s-2(b)of the Fair Credit Reporting Act creates a cause of action for a consumer against a furnisher of erroneous credit information (Nelson v. Chase Manhattan). Respectfully, LUNABEAM!
I haven't read all of it lunabeam, but Verizon does not fall under the FDCPA and as such, are not required to provide validation per se. I would take out the bit about the FDCPA. L
Can't edit my prior post, but I would also remove everything regarding validation since they don't have to. You can nail them good on FCRA violations though. Don't know too much about the FCBA so I won't touch that one. L
Thank you for your help. My letter is a lot longer than I thought it was so I really appreciate it. I thought they were bound by all of those acts but I have been on overload with information so somehow I guess I screwed up. I will remove the FDCPA bit and the FCBA part. I had hoped to send this tomorrow but now am nervous there's more wrong info! Thank you! LUNABEAM!
But, I thought that Original Creditors were required to validate the information that they are reporting? Have I competly mis-read everything I've been researching?! Help me! Please!
No, they aren't required to validate, they are required to investigate upon notification by the CRA of a dispute. L
Then my entire letter above and all the letters I have sent asking them to validate the account have been pointless! I don't know what to do now! I did have a cellular account with the other company but never had an outstanding/past due balance and this account was not charged off like they are reporting. What can I do? I disputed with the credit bureaus, the account came back as verified but it is not correct. If they are not required to validate to me then what action can I take? Now I feel like I am back at zero and I was so proud of my letter thinking it would be the end!! This is terrible!
I would try pfb. I had a problem a couple of months ago and did pfb. I received a call a call the next day. Granted I had a very different sort of problem than you did though.
Lunabeam, Do not dispair! I noticed from reading your letter that some of the text was taken from a letter I recently wrote to an creditor (Reality company) requesting validation of an account I knew they were reporting inaccurately. It is true that a creditor is under no obligation under the law to provide validation. This however in not to say that you cannot dispute information they are reporting to the credit bureau's if you know it is not correct. If the creditor is reporting info and you notify them it is not correct and you wish them to prove it to you then you have the right to do so. Sending letter after letter only proves you are trying to get them to prove what they are reporting as being accurate and make sure what is being reported on your report is true. You can sue the OC if after notice of dispute and verification of the CRA they did not notify them the account was in dispute with them from you then this is an FCRA violation and yes they did break the law. Also if you know info they are reporting is not correct and they continue to furnish it and disregard your letters this is also a violation of the FCRA 623 furnishers of information.The OC is not held liable under the FDCPA only the FCRA. Send the letter to them but delete the stuff about FCBA and FDCPA. Also delete the last paragrapgh about reporting them to the reality licensing board! I don't think it applies to them, LOL!! I will not hesitate to sue an OC if they fail to prove any info to me they are reporting after I alert them it is wrong and they just ignore me and continue to verify it with the CRA's. Keep at it as most OC's will cave in and settle for deletion. Good Luck! Tac
Tac, Sorry for plagerizing past of your letter! I used such a mix of stuff I found I don't know where I got most of it! I just got off the phone with a consumer counselor at the FTC, trying to see if he could give me clarification as to what laws original creditors are bound by. After nearly 25 minutes on the phone with him, His advice was to talk to a lawyer....he apoligized for not being more helpful and not knowing the law as well as a lawyer does and told me that they usually just take complaints and listen to consumers. So that was a pointless waste of time. I will revise my letter with your suggestions. Thank you for your help! Now I'm going to check out the planet feedback suggestion and perhaps that will help as well?! I just want this to be over!
Lunabeam, No problem, we all do it and I'm glad parts of my letter are being put to good use. As far as requesting validation from an OC, I do this all the time with impressive results. I just remind them that under the FCRA they are responsible for every bit of information they are reporting about me. Most do not want to take a chance with a court date so most do send you something partially validating an account or just simply delete. I will be honest in stating that this usually takes between 3-6 letters to get what you want accomplished. I wish you luck! If I can be of any further help I'd be glad to help you as well as others here. We are all in the same game. Tac
Verizon good twist of fate! I may be out in the clear....I just received another updated credit report and this account has been removed.... I had sent each of the three credit bureaus detailed letters over a month ago and enclosed all of the correspondence I have sent to Verizon.....I explained how I had written numerous letters, received no proof I I owed the debt they reported, and pointed out that the bureaus had continually verified the account when I could not even get a response.... Well I forgot a month has passed since sending those letters until I just received this report....I called the others and it's been deleted as well...!! So it seems as if this is over! Strange that Verizon has never contacted me to tell me personally. At least it is gone! Thank you for your help!! I will save my revised letter just in case it pops back on, but I understand the the bureaus must notify me if it does reappear on my reports....I think this is correct. ?? Thank you!!!!!!!!! Lunabeam!!
1*It is true that a creditor is under no obligation under the law to provide validation. 2*The OC is not held liable under the FDCPA only the FCRA. Good Luck! Tac =================== 1*However, other laws do require that they prove it. 2*Frca isn't the only one.
Dear Luna, See? staying at it pays off. Not all for nothing, look at all you've learned. On to the next one.