Hello, I found this forum while trying to research my options with a collections agency. I have a collections agency, Stuart Allen and Associates, that has put a collections account on my credit report last October. The first time I heard about this, I sent a validation letter which they signed for and received. I never received anything from them for nearly 2 years. I pulled my credit in anticipation of applying for a mortgage and I found that they have reported this debt to all 3 credit bureaus. I disputed with all 3 bureaus. Experian completed the request saying that they contacted Stuart Allen who said the entry is valid. What!??!?! I mean, in what kind of twisted logic would they think that this collections agency would say otherwise? I have not heard back from the other 2 yet, but I assume it will be the same. Experian said to send them a copy of the letter I sent along with the proof of delivery. I'm pretty sure I have this somewhere. The debt is not valid, and not only because they never responded to the validation request, it's really NOT a valid debt. They claim I owe $300 on a $100 fee I incurred for not returning some hardware to a company. Is that even legal in itself? What are my options in this case? I have thought about contacting the scumabgs, I mean collections agency, to negotiate a pay for delete, but I am reading online that doesn't happen often? I have filed an FTC complaint, but don't expect that to help. The State Attorneys General of both my home state and the state where this agency is both say they can't do anything. I want this debt cleared off the credit report and be done in such a way that they can not sell the debt to another collections agency to start the process over. At this point I am willing to pay for delete even as that would be much easier than suing them.
The CRA will probably not do anything with the original letter, and the proof of delivery. That is unfortunately the way the system works. The CRA sends a quick note via the computer with a code of what is supposedly being disputed, and the reporter says "yep"... If the DV was received within 30 days of the receipt of the initial communications, you would have a violation for continued collection activity. (You would need to have the proof of receipt to prove the violation.) You would have to draft a civil complaint, send them a notice that you intend to sue them, or just go to the federal courthouse with the suit and file against them. It's not easy or cheap, but it may get their attention. If you are just getting started out, you will probably want to consult a legal professional in your state. There is a site online which lists the SOLs, it depends on what the debt would be categorized as.
