please excuse me if Im rambling, I just got this dispute form from Equifax/CSC, and it has me fuming. I am new to the board, but I know I will be living here for a few years now that I've found it. I need help. when i was 18, I got every credit card in the book, plus 3 personal loans, and 1 auto loan. everything was great until the bills started coming in. I tried paying for a while, then gave up when my son came into the world and it came down to a choice between food/clothing/shelter and revolving credit debts. The car was repo'd, loans went default, credit cards went unpaid. This was 1995. Time passed slowly...accounts were charged off, many different collections agencies took turns with the same accounts, etc. At one time, in 1999, when I actually made a decent amount of money, I attempted settling with many of them, not knowing that this was a bad thing (or at least the way I was doing it was bad). I was not asking them to delete the info, I was just asking them to mark them as paid (which none of them actually did anyway, which might have been good due in not restarting the 7 year cycle). When I found out this was just as negative as not paying them at all and that it was restarting the clock on the 7 year stretch. I stopped my actions. to this day, I've not paid any more of them. Most of them at one point or another gave up on me. Some of it has miraculously fallen from my credit reports. However, there are some items that are concerning me. One is First North American National Bank. This was a mastercard as far as I can remember. I do not have the original documents for this account, but I can with 100% certainty say that I never sent them a dime after March 1995. Subsequently, the original account for which they are collecting has been off of my credit reports for at least 3 months. Yet, I have 2 creditors on my equifax credit report collecting for the account. Both have different amounts for it and both have different dates listed for 'last activity' one is: BONDED COLLECTORS OF LARGO (888)-356-8945 date of last activity 10/97 PINNACLE CREDIT SERV (952)-939-8100 date of last activity 04/95 I disputed both of these with Equifax (CRC actually in Houston for my area) and both of them came back as 'verified' Note Pinnacle one is more than 7 years old if you go by date of last activity. I asked the lady on the phone at CRC about this and she said as long as the debt is still there, the 7 year cycle will never start (Im thinking this is BS as I've read otherwise here and since other debts have dropped from this report since 1995) So, my question is..what is my next step? How can I make these collectors get their dates right? These should both be gone, correct? The date of last activity is more than 7 years ago. I do not have the original account information for the original debt, it was too long ago. Do I call them and ask them to verify the date of last activity with FNNB? Will they even do that? My experience with collectors is that they wont help you with anything unless they think they are getting money out of you first. Facts: 1. I live in Texas, always have. 2. my score on equifax 562, just fyi 3. I'm not smart/wise/confident enough to represent myself should I have to go to court 4. Everytime I go through this I feel so frustrated. It kills me. I get so many roadblocks. The credit reporting agencies are rude, getting a live person is a month long experience. I feel as if the collectors can make up anything they wish and I am absolutely powerless to do anything about it. 5. arg. Another item while Im ranting is my TU Electric bill (utility), they show it as CHARGE OFF for 5,000 dollars. This was legitimate at one point in time, but they've since tacked it onto my current electric bill. They make me pay it in monthly installments..when I asked them to remove it or update it on the credit reports, they say that they wont because I havent paid it off yet..isnt this illegal? They also claim that it is accurate because it was once indeed a CHARGE OFF. Do I have anything I can do about this? I disputed this as well with CSC, since it is on all 3 of my credit reports, and they verified it as accurate. This is another example of how Im powerless..I will end up paying this debt off, even though it shows as a charge off on my credit report. And if I don't pay it I'll be without electricity. They are basically holding it over me in two ways. thanks in advance to whoever can assist.
I'm just going to write a little right now, since it's late and I want to bump this for you, but I really want to go into more depth with you on this later on in the thread. If it's over 7 years, it can't be on your report. Period end of story. Write a sharp letter to the three CRAs and those CA's that are trying to collect. It doesn't stay on there forever. More later...
Definately write a nasty letter to the CRA stating the 7 years is up and they are in serious violation of the FCRA statute 605 [15 U.S.C. 1681c] (a) accounts placed for collection or charged off to profit and loss which andedate the report by more than seven years Let them know civil liability for this violation is up to $1000 and can be extended to included punitive damages, court costs, and attorneys fees. Give them 48 hours to respond(make it an intent to sue letter) and state if it is not removed you will be filing suit against them. I tell you this though. All of these companies stay in business because of their ability to abuse people and skirt the rules. If you do not take control of your life they will just run you over. It only cost $35 to file a small claims suit where I am and from what I have seen that is about the norm. It takes 5 minutes to file and if it has been more than 7 years your case is a slam dunk but if u cannot stick up for yourself then you deserve what you get. Make sure you send this letter certified or fax it to them so you have proof it was sent. I had the same problem with equifax as they refused to remove a tradeline even after I sent proof. I sent them an intent to sue letter outlining the violations and gave them 48 hours to correct or else. I made it very clear that once the 48 hours were up I would not speak to them until court date in which I would settle for nothing less than deletion and money so they had best hurry to save themselves some money. Well, in 1 hour, yes 1 hour, I received a call stating they were deleting it.
thanks for your info. I can send them a letter stating that the original date of the credit card charge off was more than 7 years ago, but I do not have any proof of this currently. It would be basically me saying 'hey I know this is more than 7 years old because the original listing was gone 3 or more months ago' so would it be wise to try and contact FNNB, or the collectors with the incorrect dates at this point?
err, I've actually already done this by disputing it. thats what is fueling my current anger, the 'updated' credit report I recieved yesterday stating that all info was 'verified' and 'updated' :/ thanks
STOP CALLING these people on the phone, and do everything by mail, certified return receipt. They can jerk you forever over the phone. Send validation letters to the collection agencies. Go look in the letters section of this site, select one and change it around a little so it isn't verbatim. Search back through all you paperwork and see if you can find anything at all that shows dates on these accounts - an old statement, letter, credit report, anything. You've got to get yourself some documentation to work with - or else make the CA's fold because they don't have the documentation either. Do not tell them or the CRA's that you don't have any proof of the dates, and don't talk to them on the phone any more.
ok, for the first acct, 'pinnacle' ill send in the Debt validation 02 form the letters forum (changed for my situation of course). for the second one, do I just send in a normal dispute saying 'hey this is more than 7 years old and therefore should be removed' (this did not work the first time btw, they 'verified' it even though last activity was more than 7 years) and as for the utility, what can I do here? it is not more than 7 years old, but it is incorrect in that is shows as a charge off and im still paying for it today.
You have proof of the Pinnacle date of last activity. It is on your report. That's all you need to get it removed, assuming all 3 reports show the same date for Pinnacle.
its actually gone from my other reports already, Equifax/CSC is being mean about it.. Also in my previous post, i said pinnacle when i meant 'bonded collectors of largo' those guys are the ones who have the date wrong. (10/97..ya right) im going to send 'bonded collectors of largo' the debt validation form #2. Is there a form I can send telling Equifax/CSC them 'the law states that it is seven years from 180 days past the date of the original debt'? The reason I ask is because they seem to think that each collection account for an old debt begins a new seven year cycle. thanks
it actually appears that the form is directed towards equifax/csc and not the collector itself. is there a different form i should be looking at to send to the collector that will make them delete this old info? i really want to be sure I do this right..the last thing I want is more negative info appearing because I did something wrong.
Ive modified one of the dispute forms with the following , this should handle the info that is more than 7 years old im thinking..does it look satisfactory? CSC Credit Services BOX 674406 Houston, TX 77267 08/12/2002 Dear Sir/Madame: This letter is a formal complaint that you are reporting inaccurate and incomplete credit information. I am distressed that you have included the below information in my credit profile and have failed to maintain reasonable procedures in your operations to assure maximum possible accuracy in the credit reports you publish. Credit reporting laws ensure that bureaus report only 100% accurate credit information. Every step must be taken to assure the information reported is completely accurate and correct. The following information therefore needs to be re-investigated. I respectfully request to be provided proof of this alleged item, specifically the contract, note or other instrument bearing my signature which would warrant it remaining on my credit report for more than 7 years. Failing that, the item must be deleted from the report as soon as possible: PINNACLE CREDIT SERVICES, Account #XXXX1234 The listed item is a very serious error in reporting. The debt is more than 7 years old as the last activity on the account was 04/95. This date was verified by you on 08/01/2002 to be accurate. Please delete this misleading information, and supply a corrected credit profile to all creditors who have received a copy within the last 6 months, or the last 2 years for employment purposes. Additionally, please provide the name, address, and telephone number of each credit grantor or other subscriber. Under federal law, you have thirty (30) days to complete your re-investigation. Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested as well, to be provided within 15 days of the completion of your re-investigation. Sincerely, «Signature» «Your Name» «Your SSN»
looks like I dont have to worry about the one that was correctly showing 4/95...i just signed up for credit watch and somewhere between 8/1/2002 and 8/10/2002 theyve removed it. too bad my score is now 559, it was 562 :/ id say since they verified some of it the newer dates are adversly affecting me. so now all I need to worry about is the other entry which has the wrong date of last activity. Should I dispute this again with EQ, or with bonded collectors of largo? EQ just says 'verified' and keeps it the same date 10/97
Well, I wouldn't even send this letter to CSC. I would make it very short, sweet and to the point. Just say: Your organization is incorrectly reporting the following entry. Pinnacle XXXXXX The debt is more than 7 years old as the last activity on the account was 04/95. This date was verified by you on 08/01/2002 to be accurate. Please delete this misleading information, and supply a corrected credit profile to all creditors who have received a copy within the last 6 months, or the last 2 years for employment purposes. Please update my file immediately. Sincerely.... Don't make it more complicated than it has to be. Now, I would send validation notices to the others. Stop dealing with the CRAs and start asking those others for some proof.
ok, I understand what you mean. I want to send a validation letter to the BONDED COLLECTORS OF LARGO people for the incorrect date, however the sample validation forms I see don't cover the item Im disputing, which is the date of last activity on the original account. Since I never dealt with BONDED COLLECTORS OF LARGO at any time, this should not be that difficult I'd hope. can someone assist me in drafting a letter of validation for the date of last activity that they are reporting? Since I've already disputed it with the credit bureau im going to have to dispute it at the source something that would be directed to the collectors: "I'd like you to validate the date of last activity on the account you are collecting for #1234xyz. my records indicate that the last acitivty on the original account was xx/95, whereas on my credit reports you show it as 10/97. please correct this within 30 days of this notice per the FCRA." is that good enough? Im going to create a seperate thread i think for TU electric..because Im confusing myself ;p thanks -mark
Just use a generic validation letter - that will force their hand. Don't worry that it isn't specifically disputing the date. You are so hung up on the date that you're missing the point. If they can get the original information it would prove the date for you. If they can't get the original information, they can't validate, and you can make them remove it.
which validation letter would you recommend from the letter forum? what i do not want to do is make them try and collect anymore..at this point they arent..its just that when they did in the past they got the info wrong on my credit report. thanks -mark
Use this one - I modified it to put some emphasis on dates. Also, check to see if this agency is bonded and can legally collect in the state of Texas. This debt is out of statute, and past the 7 years reporting time, from what you've said, but you have to force their hand, if you don't have your own proof of the dates. The formatting of the letter got mangled with copying and pasting, so be sure to rearrange the sentences and paragraphs so they make sense [subscriber] [address] [city state] [collector] [address] [city state] [phone number] [date] Certified Mail No.: _____________ Re inquiry dated ___: account no. 0000 0000 0000 0000 Greetings: Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete the attached form and follow its instructions and your claim will be processed as soon as this information is received. Please be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation"; that is, competent evidence that I have some contractual obligation to pay you. Best regards, [subscriber] CREDITOR DISCLOSURE STATEMENT name of creditor: creditorâ??s address: name of debtor: account number: debtorâ??s address: amount of debt purported to be owed: $ _________ date it became payable: __________ name of original creditor:__________________ original date of delinquency:_______________ Is (collection agency name) properly bonded and legally entitled to collect within the state of Texas? yes/no Was this debt assigned or purchased from a previous creditor? yes / no Please state the amount of money paid for the assignment or purchase? $ ____________ Please attach a facsimile of the terms of the assignment to this completed form. __________________________________________________________________________ Have any insurance claims been made by any creditor regarding this account? yes / no __________________________________________________________________________ Have any judgments been obtained by any creditor regarding this account? yes/ no ________________________________ _____________ authorized signature for creditor date Please enclose a summary of the charges and interest added to this account, including dates. Please return this completed form and attach all assignment or other transfer agreements which would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts. Please allow thirty days for processing after receipt of your request.
TU Electric seems to think it is ok to keep my credit reports saying the account was a CHARGE OFF, even though Im currently paying for it. what can I do for this one? I've got a different account number with them now, if I try to validate the old charge off Im sure they'll just come back and say 'ya, you had a charge off, case closed' -mark
Mark, Just so you can see, here is a letter I'm faxing to a hospital; tomorrow. Tell me if you think I sound powerless and unable to do anything about it: Saturday August 10, 2002 XXXXXXXXX Methodist Hosp. Dept. 750 XXXXXXXXX, XX, XXXXX Fax: 1.800.xxx.xxxx Attn. Office of the Administrator/ Executive Offices AND Legal Department Acct # 3XXXXXXXXXX For Mr. Butch Acct # 3XXXXXXXXXX For Mr. Butch Acct # 3XXXXXXXXXX For Mr. Butch To whom it may concern: I called your office on 8/9/2002 and spoke to your polite "Katelyn". I informed her that this call was one last ditch effort to resolve these 3 accounts prior to the filing of a lawsuit. She put me on hold for 5 minutes and returned to tell me that someone will call me back right away. Needless to say you did not call. This is also a demand for $1,500 in damages sustained by your blatant and willful disregard (willful and negligent noncompliance) for State and Federal Law. NOTICE OF INTENT TO SUE It is a well settled legal principle that all efforts to resolve a dispute must be exhausted prior to filing a lawsuit. This notice is to serve that purpose. Your willful and negligent non-compliance reached diseased proportions a long time ago. This notice is to inform you that legal action is now immanent. The information you are supplying to your collection agencies is inaccurate and has been in full dispute for over 1 year. Due to the blatant and willful violations I am currently in the process of filing complaints with the Better Business Bureau, the Federal Trade Commission and the State Attorney Generalâ??s Office. Your failure to cure will result in a lawsuit, possibly filed in Federal District Court for Statutory, Compensatory and Unspecified Punitive damages, in demand of a jury trial. I also intend to subpoena all 15 of your people I've already spoken to in an effort to resolve. XXXXXXX Methodist Hospital, #1 Collection Agency, and #2 Collection Agency are in violation of (but not limited to) the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, Defamation Of Character and Willful and Negligent Noncompliance, as well as the FTC's Unfair Trade Practices Act. WARNING! Section 1681s-2(b) of the Fair credit Reporting Act creates a cause of action for a consumer against furnishers of erroneous credit information (Nelson v. Chase Manhattan). YOU, AS THE ORIGINAL CREDITOR ARE LIABLE FOR THE ILLEGAL ACTIONS OF YOUR COLLECTION ASSIGNEES. There IS cause for action on my part. I have been denied credit because of this erroneous entry, lost opportunity and suffered financial damages. Final Offer To Cure Send me the following documents via fax: Acct # 3XXXXXXXXXX For Mr. Butch 1) A letter stating that this account was turned to 1st Collection Agency, IN ERROR and that you have retracted the file. That all derogatory information will immediately and permanently be deleted from ALL credit files. 2) A copy of the Universal Data Form (UDF) and a statement that it has, in fact, been transmitted to Equifax, Experian, Trans Union, et al. Acct # 3XXXXXXXXXX For Mr. Butch 1) A letter stating that this account was turned to 2nd Collection Agency, IN ERROR and that you have retracted the file. That all derogatory information will immediately and permanently be deleted from ALL credit files. 2) A copy of the Universal Data Form (UDF) and a statement that it has, in fact, been transmitted to Equifax, Experian, Trans Union, et al. Acct # 3XXXXXXXXXX For Mr. Butch 1) A check for 210.00 PLUS $38.49 in interest. Reimbursement for your failure to timely file for insurance. 2) A letter stating that this item is perminatly closed and will not re-appear on my credit files. I am now in demand of $1,748.49 for all the work, pain and suffering etc., etc., already expended to help you correct your books, and re-imbursement for Acct #3. Please don't further insult my intelligence by stating it may take 60-90 days. Your instruction, via fax, to CA1 and CA2 will take 10 minutes. They will spend 5 minutes filling out a UDF and another 5 minutes faxing it to the credit bureaus. If you wish to notify me that you are agreeing to these terms of resolution you must fax your intent to my office NO LATER than close of business Wed. August 14, 2002. As you might guess I keep very thorough records. Do I expect you to drop everything else you happen to be doing and resolve this immediately? ABSOLUTELY! I have been fighting you people for a year and a half and it WILL stop THIS WEEK! My lawsuit will be filed on Friday August 16, 2002 I look forward to your resolving this matter immediately, if not sooner. Respectfully, Mr. Butch Enclosures 28 items
