Credit Clean Up 101 Help!!!

YOUR NAME
YOUR ADDRESS
CITY, STATE, ZIP

VIA CERTIFIED MAIL#

Date

XYZ Collection Agency
A Debt Collection Agency
Any street or P.O. Box
Somewhere, USA 75221

RE: Account # _____________/Original Creditorâ??s Name/Amount
Claimed Owed $00.

Dear Debt Collection Agency:

This will serve as your legal notice under federal law, â??The Fair
Debt Collection Practices Act,â? to cease all communication with me
in reference to the above account.
If you fail to heed this notice, I will file a formal complaint
against you with the Federal Trade Commission who is responsible
for enforcement, the state Attorney Generalâ??s Office, and the
American Collectorâ??s Association who monitors for noncompliance.
I/We have decided that we do not desire to work with a collec-
tion agency under any circumstances. I/We will contact the original
creditor to resolve this matter directly.
You are also notified that if any adverse items are placed
against my/our credit reports as a result of this notice that I will be
forced to take appropriate action against you, and the client that
you represent.
Give this matter the attention it deserves as the consequences
could be severe.

Yours truly,


(Your Name)

 

Thanks Erica.

I printed the letter this time...

Creditfree,

They are hounding you b/c that is what a collection agency does.

having the notation that it is disputed doesnot help your credit. You must get it off.

 

I would definitely not pay those debts beecause they are near the 7 years as everyone has mentioned. I am also sure the SOL has passed, so they can't touch you. Send all of those CA's the C&D letter and if they continue to bother you, you can sue them. Make sure you send the C&D certified return receipt requested and keep track of the date. Any contact after that, you will have them and sue their a**. As for cleaning your credit, get ready to write to the CRA regarding the 7 year limit. You need to get hold of all 3 reports and see what you have going now. You should see if there are duplicates and delete those. Many of the collection agencies such as NCO and Cavalry, Creditrust, etc. re-age debts and do duplicate reporting which is illegal - so make sure you check your own reports. Post up questions as you have more and I'm sure people will help.. here's the c&d letter I would use:

March 4, 2001

(insert name and address of creditor)

Re: Acct # 0000 0000 0000 0000 (insert)

Greetings:

Thank you for receiving this notice. You have failed to answer my request to validate your claim of debt against me. Pursuant to the Fair Debt Collection Practices Act, I request that you cease further communications with me. Please complete and return the attached notice as required by law. If I do not receive your response within thirty (30) days, I will assume that your collection efforts are being terminated and that you have waived all claims against me.
Best regards,
(insert name)

(page 2)
COLLECTORâ??S NOTICE (bold and large type)
From:
Insert name of collector/creditor

Re: Acct # (insert number)

To:
(Insert your name and address)

This notice is given by the collector so as to comply with Fair Debt Collection Practices Act.
If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except
(1) to advise the consumer that the debt collector's further collection efforts are being terminated;
(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
Please select one of the following by placing an â??Xâ? over the appropriate line.
Æ?____As the debt collector in this matter, this final notice is to inform you that our collection efforts are being terminated.
Æ?____As the debt collector in this matter, we may invoke a specified remedy, which is ordinarily invoked by us, to collect this alleged debt.
Æ?____As the debt collector in this matter, we intend to invoke a specified remedy to collect this alleged debt.

______________________________ ________________
signature of manager or agent date

This notice is not valid unless completed and signed by an employee or authorized representative of the collector, and timely returned to the consumer. The collector understands that its failure to comply with this federal law may result in civil penalties imposed by the Federal Trade Commission or the United States District Court.

 

Ceace & Decist Letter

Your name
Address
City State, Zip

Date

Something Collection Agency
A Debt Collection Agency
Any street or P.O. Box
Somewhere, USA 75221

RE: Account # _____________/Original Creditorâ??s Name/Amount Claimed Owed $00.

Dear Debt Collection Agency:

This will serve as your legal notice under federal law, The Fair Debt Collection Practices Act, to cease all communication with me in reference to the above account.
If you fail to heed this notice, I will file a formal complaint against you with the Federal Trade Commission who is responsible for enforcement, the state Attorney Generalâ??s Office, and the American Collectorâ??s Association who monitors for noncompliance.
I have decided that we do not desire to work with a collection agency under any circumstances. I will contact the original creditor to resolve this matter directly.
You are also notified that if any adverse items are placed against my/our credit reports as a result of this notice that I will be forced to take appropriate action against you, and the client that you represent.
Give this matter the attention it deserves as the consequences could be severe.

Yours truly,


(Your Name)

 

Re: Ceace & Decist Letter

HERE'S ANOTHER ONE!! (ONE OF MY FAVORITES)


Sample Cease & Desist Letter-DO NOT SHOW STUFF IN YELLOW

Date:

Name Of Person at Collection Agency
Collection Agency Name
Address
City, State, ZIP

RE: Account #



Dear Name of Agent or Agency,

You are here by notified that your services are no longer desired. This is in accordance with the laws of the Fair Debt Collection Practices Act.

You and your company must Cease and Desist all attempts to collect the above debt. Failure to comply with this law will result in my filing a complaint with the Federal
Trade Commission and my stateâ??s Attorney generalâ??s Office. I will be thorough and pursue all criminal and civil claims against you and your company.

Be warned, that if any negative information pertaining to this debt is added to my credit file after receipt of this letter, I will file suit against you and your company, both
personally and corporately, to seek any and all legal remedies afforded me by law.

I am not going to ever deal with collection agencies, and my intention is only to settle this account with the original creditor.



Regards,

Signature

Name

 

It's time to call off the dogs!!!!!!!!

 

What does it show up as on your Experian now? It shouldn't be there at all. The only reaseon they're hounding you now is because they can. Send that C&D letter and they have to stop.

 

Attempting to pay them off will do you very little good. If you pay them anything at all, it will only start your whole mess all over again, and you will end up with bad credit for another 7 years.
You need credit repair help and the best help you can get is to learn how to do it yourself.

You do need to use validation letter since that is the first of a whole train of events you need to know how to make happen in order to successfully repair your credit. The validation letter is nothing more than the correct way to get the ball rolling, but if you use it and don't know what to do after you send it and when to do what, you will get nowhere fast and probably end up with no real results at all.

If your debts are more than 7 years old since the last activity, you should be able to get them erased without credit repair tactics or validation letters.

I teach people how to repair credit the proper way, but it will be Friday or so before I can be reached by email as I am vacationing in Mexico at the present time and won't get back to my home in Oklahoma City until late Thursday nite.

 

The phone company most likely has already written this off as a bad debt or P&L for them. If anything, if you do feel like paying, you must negotiate this BEFORE you make any payment. Otherwise, you have no bargaining position. If you send a validation letter to the phone company requiring them to prove to you that you even owe this debt, meaning provide the original contract and other information, they will most likely not be able to do so. Thus, because of the lack of validation of the debt, you can force the CRAs to remove those tradelines. Either way, you should begin dealing with the CRA's now, disputing what is on there as INNACCURATE or NOT MINE or just giving reasons so they will start an investigation. Chances are in your favor that because these debts are so old, that the creditors will not be able to respond and the CRA will delete these entries. This is of course, if the CRA's don't throw away or ignore or pretend to verify the debts.

Reaging means that the CA will take the debt and state them as if they are a recent debt so they will appear on your report for another 7 years from THEIR last activity date. This is not only re-aging, but also duplicating existing lines on your credit report. You should get these deleted.. first step is to get ahold of all of your reports and go from there. Anyone still hasseling you, send them a C&D if the SOL has past. If not, then send them a validation letter. At the same time, do disputes with the CRA and you should be in good shape. Because your debts are quite old, it shouldn't be too tough to clean your credit.. you should try and start building good credit now if you can as well at the same time.

 

From 1995? That makes this 6 years old and it is not hurting your score that much anymore. You really only need to pay debts this old if you are trying to buy a house or something really soon. It will come off your report sometime in 2002. I doubt that the phone co. will negotiate. A sleazy collection agency probably has it now and are the ones reporting it. I would wait it out. You can get new credit with a chargeoff that old. You need to get some new accounts and let them age anyway. That account will drop off just as your credit it really growing.

 

I agree with you roni on creditfrees' phone bill.It being that old really wouldn't affect his fico score.

 

Since it's so old the phone company probably can't validate any way. My phone company says they only keep records for only a few yrs>

 

Send a letter to validate the debt. After thirty days and five business days report them to the Utilities commision is your state for putting a bill in collection and ruining your credit without validating the debt. They will make sure they do what they are supposed to .l

 

Any validation letter will do because they will probably never be able to validate the debt.

If you want something simple use this:August 12, 1999








To Whom It May Concern:

I have received a letter claiming that I owe a debt to
Since I feel this is in error, I request that you send me the following proofs as you are obligated to do in accordance with the Fair Debt Collections Act, Section 1692g.

1. The original application or contract

2. Any and all statements allegedly related to this debt

3. Any and all signed receipts

4. Any and all cancelled checks

Under the law you have 30 days to supply these proofs. Thank you for your time in this matter.

Sincerely,









Account Number:
If you prefer a more serious one with a lot of great ideas in it use this:Your name address

date




Re inquiry dated 03/30/01: account no. 09-02065482

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.

You should also be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me.

Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees.

Best regards,
your name





































CREDITOR DISCLOSURE STATEMENT

Name and Address of Collector (assignee):

____________________________________________________________________________
Name and Address of Debtor:

____________________________________________________________________________
Account Number(s):

____________________________________________________________________________
What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms.

____________________________________________________________________________
Have any insurance claims been made by any creditor or assignee regarding this account?

Yes / no
____________________________________________________________________________
Has the purported balanced of this account been used in any tax deduction claim?

Yes / no
____________________________________________________________________________
Please list the particular products or services sold by the collector to the debtor and the dollar amount of each:


____________________________________________________________________________


____________________________________________________________________________
Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein and pay debtor for all costs and attorney fees involved in defending this collection action.

X________________________________ _________________
Authorized signature for Collector Date

Please return this completed form and attach all assignment or other transfer agreements that 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