I sent a request for validation asking for MY SIGNATURE that shows there is a contract between myself and the original creditor, to both the Collection Agency and the Original Creditor. I asked for a copy of a SIGNED contract. They both mail me back a form letter of my alleged account, indirectly stating "This is what the computer says you owe." They list dates and amounts of alleged transaction, in the form of a computer printout. I call the original creditor and he says he "believes" I owe it and must pay for it. I point out that just because a computer says I owe, doesn't make it so. They say the only way it can be removed is if I pay it. The amount is $84. Are they REQUIRED to show a written signature? What do I do now?
If they will remove any negative tradeline, and give you written confirmation that they will actually do it, and all you have to pay is $84, then I would just do it!!
Does the letter say, here are your statements, we dont have a contract? No contract should eliminate the debt. If you dispute it, it will be a fight with the CRA's to get a delete.
Is there a basis for claiming you did not open the account, either that they have misidentified you as the debtor, that the account was opened fraudulently thru id theft, or that they opened the account in your name and placed fraudulent charges on it without your authorization? Not all contracts are supported by a signed paper contract. There may be other evidence introduced that might support that you agreed to and authorized charges and owe the debt. For example, you can get phone or power utility service with a phone call. The statements sent to the service address, with the records that show usage of the service, would generally support that there was some agreement to provide the services, for which payment would be due. There might still be some issue of who actually signed up for the services, whether or not they were the person they claimed to be. A history of statements being sent, with you paying them, might also indicate there was clearly an agreement, on the basis of which they would presume you were responsible for the next month's charges. What type of product or services was this for?
At first I said, if it's not his, heck no, don't pay it. Then I said, if it's yers, then heck yeah, pay it and get a delete..... Then I read ontrack's post, and saw he's right too, cause my sister went through a thing where her friend opened up services in her name in a house she was renting from my sister. Since nobody back then knew how to prove that my sister wasn't there at that time (and wasn't the one that opened up da account) - they made her pay to clear up the account
Its for a library. They dont say there is or is not a contract. However, every library Ive ever been in has made you SIGN something to get a library card, so shouldnt they have a written contract or library card agreement that was signed? I asked the library and the Collection Agency both for a copy of a signed contract, but instead all they provide is a printout showing books I allegedly have/lost/destroyed. I disputed it with the Credit Bureau and they said it was verified and will remain on my credit report, but again I imagine all they did was look at a computer screen or computer printout. The just sent a printout showing 5 books, with my name on that page and an alleged account number. The guy at the library said along the lines of, "This is what our records say, so you must pay." I'm not going to pay it even if thats easier. Id rather spend over $84 in time getting it properly removed. How do I get it removed?
Requesting a signed contract would be aimed at proving you were not the alleged borrower. Did you have a library card at that library? If not, you are dealing with a misidentification or id theft, and the information submitted with the original application might prove that. Someone might be using your identity, perhaps an illegal immigrant using your SSN, and if they opened an account, it might be "traced" to you. Did you check out the books they claim you checked out? You would know from the titles if they were even books you checked out. If they are not, the library's records might be screwed up, or possibly your records have been mangled with someone elses, or someone used your account. If the check out occurred during a time when you could not possibly have checked it out (after you moved from the area, while you were on vacation, or in the hospital, etc.) you would know their claim is false. I have also seen when I requested a book under interlibrary loan, and it went back a few days late, the fine information was tied to a "temporary" book identification number, that the library later re-used. Although I actually owed, and paid, the fine, they told me I had a late charge on some book I had never heard of. Did you return them? I have seen cases where I returned a book, knew I had done so directly to their slots along with other books which showed as checked in, but one book I returned did not get logged as checked in yet ended up on the shelves. I called the library and told them there was no possibility the book had not been returned. The library did a shelf check, found the book, and zeroed the account. They were aware that they could make mistakes of that sort, and resolved them by checking the shelves when it was brought to their attention.
Take the list of books and do a shelf check, they may be there. Check the used book store and see if they have copies with library markings. Some one may have checked them out in your name and sold them as used. I dont see lack of a contract working for a library fine.
Where can I find a good sample letter to send to the CREDIT BUREAU, after the COLLECTION AGENCY responded, but failed to provide proof of signature that I agreed to any terms?
Why are you trying to solve this thru the CRA, and not by going after either the CA, or the OC? If the CA is reporting erroneously, and they have verified your dispute thru the CRA, they are liable under FCRA. If you motivate them to remove it, they would be foolish not to, especially over $84. Did you, or did you not, open and have a library account at this library? If you did not, then this is either mistaken identity, or id theft, and you go down those paths. If something indicates it's id theft, file your police report, and send copy of it and fraud affidavit to the CRA, CA, and OC, and it should go away. If it is mistaken identity, and they are not cooperating in providing sufficient documentation to confirm that, you may have to sue. An agreement with someone else's signature might show it is either, address from their records at which you never lived might also. Either way, the most direct path to removal might be to sue the CA, asking for actual and statutory damages. They probably aren't expecting to end up paying damages, when they were expecting a few dollars easy profit on an $84 debt. If it is not your account, paying it isn't the only way to get it off your reports, whatever they say. On the other hand, if you DID have an account at that library, the next question is: did you borrow the books they claim, and were they returned? Whether or not they can find an agreement with your signature on it, if you in fact opened an account, and borrowed books, that alone implies there is a contract, written or not, and at least were responsible for returning them or paying for them. Which is it?
