"In dispute" notation

Discussion in 'Credit Talk' started by SweetnSas, Jun 8, 2002.

  1. SweetnSas

    SweetnSas Well-Known Member

    Miraculously, one CA that I have disputed with has marked my account as in dispute on my CR. (even though it was about 2 months after my first letter).

    At any rate, on May 2 when I pulled my EQ from CW, the account was marked.

    To date, the CA has not sent me anything (probably because they know they aren't licensed in NC to collect). Anyway, it's been over 30 days and they account still appears as in dispute.

    I want to write a letter to the CRA demanding that they remove since the CA has failed to provide the proper validation.

    Anyone have an idea as to how to word this letter? Specificially, what do I say to the CRA?

    Thanks in advance,

    SweetnSas bka Shantel
     
  2. charlieslex

    charlieslex Well-Known Member

    Send them (CA) a letter that they are illegally trying to collect a debt. Notate on the bottom of your letter a CC to the Attorney General, FTC, and send them a copy. I would give them 15 days to respond. If they don't. Send an Intent to Sue letter. Play hardball with them, because they have NO right to collect in your state. Charlie
     
  3. LKH

    LKH Well-Known Member

    This is a letter that I wrote for exactly this situation. PBM put it in the letter section and listed it as validation 05.


    This is a request for debt validation from a credit bureau after the CRA has failed to respond to numerous validation requests. Send as certified mail, return receipt requested.

    «Your Name»
    «Address1»
    «Address2»
    «City», «State» «Zip»

    «Company»
    «Address1»
    «Address2»
    «City», «State» «Zip»

    «Date»

    RE: Account #_________/Original Creditorâ??s Name

    Dear Sir/Madame:

    This is a request for deletion of a disputed item. I have attempted to have this allleged debt verified by the alleged creditor and collection agency to no avail. I am respectfully requesting that Credit Data Southwest do what is legally mandated by the FCRA and FDCPA, and delete the account listing.

    Name of Creditor/Agency, Account #_________

    On «date», «collection agency» received a demand for validation from me. Attached is a copy of that letter along with the U.S. Post Office return receipt showing they did indeed receive the request. As of today, Dec. 6, 2001, they have failed to provide any proof or respond in any way.

    On «date», I sent a second letter. Again, I have received no response. Attached is a copy of the letter and the U.S. Post Office showing they did receive that letter.

    On «date», I sent yet another letter. Again, I received no response. Attached is a copy of that letter as well as a copy of the U.S. Post Office return receipt.

    The FDCPA states they must cease collection activity until they have produced verification of the alleged debt if so requested. As per the FTC, this includes reporting to the credit bureaus, which they obviously have done illegally. It is quite evident that no such proof of this alleged debt exists or they would have provided it in the previous 4 months since it was requested.

    Also, when an alleged debt is disputed, a notation must be entered on the debtors report showing the item as in dispute. Again, this was not done. Another violation of the FDCPA.

    As per the FCRA, if no proof of debt exists, it may not be reported to the credit reporting bureaus. The FCRA also states that the credit reporting agencies must accept written proof from the debtor.

    Therefore, I am not asking for an investigation to be done, I am requesting that the entry be deleted in its' entirety as there is no proof of its' existence as evidenced by my attached documented proof.

    Sincerely,

    «Signature»
    «Your Name»
     

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