Creditor took 90+ days to veri

Discussion in 'Credit Talk' started by dp, Mar 4, 2001.

  1. dp

    dp Guest

    I sent the original dispute to ATT Universal and they recâ??d my dispute on 11/27/00 (Cert. Receipt). I gave them 30 days and havenâ??t heard a peep, so I then e-mailed a complaint to the FL Attorney General (FLAT). FLAT gave ATT another 30 days to state their position on 12/18/00. Then I receive a letter from ATT on 1/26/01 stating that they do not know what information I am requesting. I disputed the acct and asked for a signed contract to verify that the acct in question is mine or not. I then get another ltr dated 1/30/01, stamped 2/1/01, and postmarked 2/27/01 by FLAT. Anyway the ltr from ATT states that I stated to FLAT the ATT Universal failed to respond to the dispute I originally sent them. They also enclosed several statements, verified SS# from Debt counseling service that matched theirs, they also stated that they DONOT have the original application anymore. They referred me to a collection agency who is handling the acct, NAFS. I sent a certified ltr disputing charges postdated before the 30 days and I also faxed them my dispute 2 weeks ago. In all the creditor says this info is verification enough and it took 90-120 days for this anwser.

    What should I do 1)call NASF? 2)wait two more weeks for a response back? 3)go to court?
  2. Marie

    Marie Well-Known Member

    Re: Creditor took 90+ days to

    Go read this: Electronic Credit Repair Kit, found at and mirrored at

    Since they've sent it to a collection agency you can be home free: just don't do a novation w/the collection agency (a new agreement). YOu've done all the right things.

    I'd either send a cease and desist to the collection agency (w/copies of your letters requesting validation from ATT) or do a validation series w/the collection agency too (That would really protect you, b/c then you have double proof requesting validation).

    I'd talk to FLA Atty general: what do they say about this? you have requested what you're supposed to.

    With regards to a lawsuit, if you also request validation from the collection agency you could then include them in a lawsuit. I've never had to push it that far, but from what I understand you can then sue for the open amount of the contract, plus damages. I do know you can sue in Federal court for violations of the Fair Credit Reporting Act (and if the collection agency continues to post info on your reports after no validation) it would also be violations of the Fair Debt Collection Practices Act.

    I guess I'd try Fla Atty general, while requesting validation from the collection agency (you might as well assume you're going to have to push the issue w/them too b/c ATT hasn't backed off) then you could finally sue. I'd want copies of validations requests w/the collection agency too if you think you're going to sue.

    By the way, if you go to and sign up for the credit-repair group, there is discussion about Kielsky's approach (validation) there too.

    If you're in Ga I know a credit specialist (atty) who does this for a living: he normally represents creditors but he does work on the side. He verified for me a lot of this works and why. Creditors stomp on our rights assuming we won't ever push issues. Anyway, keep us informed.
  3. dp

    dp Guest

    Re: Creditor took 90+ days to

    Marie I really appreciated your thoughts on this issue and I live in MN but love GA when I was stationed at Ft. Benning. Could I get the name and number of that attorney in GA? It would help me out alot. I plan on settling 3 cc at .20 on the dollar for deletion of entry or account paid but never late. If I have an attorny represent my half then the creditors will believe that I am thinking about declaring bankrupcy.

    Again THANK YOU!
  4. dp

    dp Guest

  5. roni

    roni Well-Known Member

    Re: Creditor took 90+ days to

    This stuff is all over the net. How can One person claim a letter? Confusing the heck out of me.

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