I know my earlier post was looooong, so I refer to it here if you want to see more of the story... This is what I'm sending to SARMA. Please comment if you have any...I really want to feel confident that I do this correctly. I want to fax this to them tonight, since they've already proven they are receiving their faxes just fine. Thanks... Future1966 June 25, 2002 RE: Account #XXX/OC Dear Sir/Madame: On the evening of May 23, 2002, I faxed a letter to you regarding this account that is showing on my credit reports. In that fax, I gave you thirty (30) days to validate this account per the Fair Debt Collection Practices Act and Sec. 392.202 of the Texas Finance Code. On June 18, 2002, I sent a reminder that the 30 days were due to expire soon. The thirty (30) days is now expired. On June 19, 2002, I received a facsimile from Ms. Mary Lou Stewart (see attachment). At the bottom of the fax cover sheet, Ms. Stewart handwrote the following: â??We do not have database here at SARMA. You must write Transunion at Transunion, P.O. Box 34012, Fullerton, CA 92834.â? I have a problem with this. I have already disputed this with all three credit bureaus. Transunion (whom Ms. Stewart has already named as having the information on the collection) deleted this information from my credit report back on 3/14/02 as â??unverifiable.â? Then they reinserted the information sometime prior to 5/23/02, and when I questioned the reinsertion, they sent a letter that said that at first â??the source of your information did not respond to our investigation within the 30-day limitâ? and that I should â??contact the creditor directly.â? They then gave me SARMAâ??s address as contact information on this account. Equifax simply says they â??verifiedâ? the debt as belonging to me (back on 3/14/2002). I don't know how they did this, since SARMA is saying they don't have the information. Transunion, whose name was given to me by a representative of SARMA, says that SARMA has this account. SARMA says that Transunion has this account. I do not have the patience to play â??pass the buck,â? and I know my rights under the law. The thirty days (per my rights under the Texas Finance Code) have passed. The account is listed as a SARMA account. SARMA is listed as the furnisher of the information on all credit reports. And SARMA has not validated this account within the 30-day period under Texas Finance Code, although I have given ample time and notice. Since SARMA is unable to sufficiently validate this account, all collection efforts must cease, which means deleting the notation from my credit reports with all credit bureaus no later than five (5) days from today, per my rights under both the Texas Finance Code and the FDCPA. I know that you are also aware that, per the FDCPA, you must note this account with the credit bureaus as being â??in dispute.â? This has NEVER been done, and it is also a violation of my rights. Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act and the Texas Finance Code will result in a complaint filed with the FTC, the Texas Attorney General, and my pursuit of further legal action. Sincerely,
Guess I'll do this tomorrow, since I'd like some kind of input from someone here first. I know a lot of you are night owls...
It looks okay and as long as it's what you want/need to say then nothing anyone says should sway you. I read it twice and was able to follow it. But Hey! If you pass the buck in this direction, I'm sure I could make change for it (grin) for the small fee of $0.65 which would leave you with the available credit of $0.35 comming back to you. All this, PLUS I'll throw in a $0.02 cent maint. fee every month! ( Joking)
Thanks, both of you! Should I include copies of the two form letters from TU that I refer to? Or just fax this letter and attach the copy of the correspondence from SARMA?
No, I do not think that you need to. Although I do not think that it would hurt anything it is obvious to me as it should be to them, you have good record keeping.. Just state the dates, and what you received and whom from.
