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Discussion in 'Credit Talk' started by SM, Apr 16, 2001.
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Re: Collection Disputes &
Don't worry about getting flagged. However, the CC's don't matter. What matters is that you dispute the matter with the CRA's (each of them). This triggers FCRA liability. Now, you may have FDCPA liability already if the Collection agency reports you to credit bureaus after your written dispute to them without noting the account is disputed in the reporting. Dispute the matter first to one credit bureaus. While you are waiting for them to do their research, dispute the matter directly to the collection agency via written letter. If the collection agency fails to update the results of the investigation to the other two credit bureaus, then you can nail them.
Pretty good answers, Steve A.
Pretty good answers, Steve, but I like to do it just a bit differently.
Just as you posted, demand validation of the report from each of the credit bureaus separately. Useing the carbon copy notice is one thing I don't agree with for the simple reason that it MIGHT alert them to the idea that you MIGHT be attempting credit repair and cause negative results. No use taking any chances with them or giving them any inforaation that MIGHT hit you later.
The next thing I like to do is to do as you suggested, waiting about 4 or 5 days after sending the CRA letters and then send a demand for validation to the collection agency. Don't tell them that you are disputing them either. Let them figure that out for themselves. That way, if (they usually do) they state you are disputing the debt, you can come back and claim they gave false information to a 3rd party since you didn't dispute anything at all, you simply asked them to prove it and you would also have grounds to tell them that if they don't immediately retract their statements and admit the error of their ways, you will immediately file suit against them for defamation of credit.(not defamation of character.) That would immediately put them on the defensive. You would also place a statement in your letter to the collection agency that they may not make any report to any 3rd party regarding this matter until valid proof of the indebtedness has been established and provided to you.
Use any way you can to put them on the defensive.
Who cares whether some of your statements are exactly and totally within what the law allows you to do? We are not lawyers, and they usually don't want to have to defend any lawsuits if they can keep from it. As long as you are not making any false statements to them, they have no way to attack you. You are just demanding what is rightfully yours.
Re: Pretty good answers, Steve
..wow, this post from Bill was actually informative. Good advice there.. I think I learned something - thanks Bill!