yep, I paid them before I knew anything about settlements (1998) so I pretty much lost my chance to negotiate it off. I've tried, and tried, and tried... they will not budge for removal of item.
Have you disputed it with the cra's? If that didn't work, send them the validation and see if they can still prove it is yours. If they can't, they must delete it.
Yeah, actually I think I will do that or the "nutcase" ... I have disputed it twice with every cra, it comes back verified. The 7 years is over next year although they are reporting incorrect delinquency date, (Ender check to see if this is the case on your report as well)- I should be able to dispute it off then with good evidence (old reports) if they will not delete now. So many things due to expire this year or next- I am playing a waiting game.
LKH - I sent them validation, estoppel, and lawsuit threat.. What I did receive were letters from their attorneys saying they are stopping collection efforts per FDCPA until they receive proof.. the proof they got was the statements and includes the statements from the4 original creditor.. and the amount actually SOLD. This givecs me more firepower becasue they are trying to collect 50% more than what the original amount is. Next letter I sent them will be the copy of the FTC letter with a request of accounting of all the amounts and ask for validation once again, something with a sign contract and that a bunch of statements are not enough. Also with this letter, I will send a copy of the lawsuit I will be filing with the district court (based on the letter you wrote to gulf state) and hope for deletion. They re-reported the tradeline on my exp report and I had to call Exp to get it removed manually again.. because they change the account #'s. I just need to get some time so I can draft and send these letters! I am pretty sure they will respond favorably because these tradelines are about to come off in sept 2002 anyway and I will also mention that. The resposne from the validation letters I got from the original creditor was just that the account was transferred to 1st credit sol. I will sue if they don't respond and at that point, I will only settle for $2000 minimum with a copy of the a deletion request going to the CRA. Anyhow - that is my plan!
Ender, you may want to include this opinion letter with your next validation to them. Candi posted yesterday that she includes this with her validations and has had excellent results in response to her validations. They basically just gave up, closed the accts. and deleted the entries. UNITED STATES OF AMERICA FEDERAL TRADE COMMISSION WASHINGTON, D.C. 20580 Division of Credit Practices Bureau of Consumer Protection March 10, 1993 Jeffrey S. Wollman Vice President and Controller Retrieval Masters Creditors Bureau, Inc. 1261 Broadway New York, New York 10001 Dear Mr. Wollman: This is in response to your letter of February 9, 1993 to David Medine regarding the type of verification required by Section 809(b) of the Fair Debt Collection Practices Act. You ask whether a collection agency for a medical provider will fulfill the requirements of that Section if it produces "an itemized statement of services rendered to a patient on its own computer from information provided by the medical institution . . .â? in response to a request for verification of the debt. You also ask who is responsible for mailing the verification to the consumer. The statute requires that the debt collector obtain verification of the debt and mail it to the consumer (emphasis mine). Because one of the principal purposes of this Section is to help consumers who have been misidentified by the debt collector or who dispute the amount of the debt, it is important that the verification of the identity of the consumer and the amount of the debt be obtained directly from the creditor. Mere itemization of what the debt collector already has does not accomplish this purpose. As stated above, the statute requires the debt collector, not the creditor, to mail the verification to the consumer. Your interest in writing is appreciated. Please be aware that since this is only the opinion of Commission staff, the Commission itself is not bound by it. Sincerely, John F. LeFevre Attorney Division of Credit Practices
Actually LKH, that is the one I planned on using based on your suggestion before. There were 3 things I was going to send: 1) Copy of the FTC Letter 2) Demand for validation giving 30 days to respond with signed contract or deletion with copy of deletion request they sent to CRA 3) Copy of lawsuit that I will file if this is not resolved (violation of FDCPA) If there isn't a response, then I will file the lawsuit and go through with it. One thing I recall when I gave them a 30 day limit before was that they claimed they don't have to validate in 30 days.. is this true? I remember there were some arguments going back and forth whether or not there was and how long CA really has to validate.. anyone know this offhand?
I always get confused on this one, but if it was transfered doesn't that mean turned over to a CA for collection and not sold? If the original creditor still owns the debt then the CA doesn't have to validate, but has to stop collecting and give it back to the original creditor. I think. LOL Tuit
