3 mo clean up, how?

If you want some good advice on what to do then listen to Lizardking and don't go filing no bankruptcy.

He isn't pulling your leg. He is telling you what he did and it worked for him so it can work for you too.

And he isn't the only one it's worked for either.

 

What gave him away? The eagerness to agree with you? Yep, sounds like Bill! He just wants to get along. LOL ;o)

On a tangent, LizardKing, do you think that the two year time limit being discussed in at least one other thread will have any effect on this approach, or are the grounds for suit against the CRA's sufficiently different (fom those referenced in the articles) to allow some wiggle room?

 

that post sounded exactly like bill to me, and i have not been around that long.

 

Please answer the question about what kind of letter one sends to the original creditor. Some of mine are only with the original creditor eventhough it was years ago, such as Amex. Thanks.

 

Do you have a copy of the letter used to demand deletion by the CRA's due to lack of acequate proof from the creditors? I have copies of all the validation letters I sent and any replies I may or may not have received were not by certified return receipt. This letter would be of great help. Is there one posted in the letters section of this board?

Thanks
Mediccc224

 

I have that letter, if we are talking about the same one. But I didn't know if it was good for original creditors because they probably have proof.

 

Sorry, I should have made my posting clearer. I was requesting a copy of that letter from Lizardking for my own personal use.

Also, Must a CRA remove an entry just because you say the collector has not verified it? Cant the CRA just say that THEY verified it and thats all that matters?

Mediccc24

 

i only printed it out. It's kind of long so I wont retype it, but if you do a search under Lizardking, you can find it there.

 

Lizardking, admit it. You are a terrorist :-0)

 

Here is a letter I wrote last week to send to the cra's for exactly this reason. I don't know if it will work yet or not, but all the valid points for deletion are contained within. Plus, it has Lizards' seal of approval.

December 6, 2001
credit bureau
address
city, state, zip

To Whom It May Concernor dear credit bureau mental midget moron)

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.

The debt in question is as follows:
collection agency Account xxxxxx

On (such and such 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,

__________________________________________________

 

LKH,

Thanks for this!

I'm almost at the point in my battle where this will come in very handy. Probably another three weeks or so. I'll report back on the results.

 

Wow, pretty hefty letter! I can't wait to send it out. What I'm wondering now is how can they NOT delete after getting a letter like that?

Mediccc24

 

As I mentioned above, I just sent mine out as my contribution to C.H.O.D. so I have no idea how or if I will work. But I wish us all the best of luck with it. Actually, should a cra fail to remove the entry as a result of this letter with all documented proof attached, they could be in for a lawsuit. My inclination is they will realize that the people who send this letter will know their rights, and they won't want to take any chances and will delete it. At least I hope that is how it works out.

 

LKH, this is a great letter! If that doesn't work, the next step is small claims against the CRA, and at that point they'll probably fold -- irrespective of whether they bump it up to Federal court or not. The trail leading to that point is so clear (validation attempt 1; validation attempt 2; estoppel; post-estoppel to CRA; small claims), with violations of both FCRA and FDCPA so clearly delineated along the way, that it would almost be fun to get to court for something like this. As Bill Bauer once said (ok, those of you who just spit up your snacks are excused), "It's important to have a plan and to know what comes after the validation, and after that, and after that." I believe he also once said something like, "listen to Lizardking and don't go filing no bankruptcy," but I can't remember when. (Just kidding.)

Seriously, kudos to you LKH!

Doc

 

Thanks Doc. Appreciate the nice words.

 

Careful where you go with this. My daughter is a Catholic School Girl.

 

~BUMP~

This is such an great thread. These strategies are so rarely discussed on this board anymore.