I have a very small paid collection showing up on my Experion and Equifax. It is not mine. I spoke with the CA when this first came up. They said it must be mine because they have my name. They said they did not have an address or phone number for the creditor. I tried a validation letter with the CRA's. It came back validated. They talked to the same clown I spoke with. I finally tracked down the creditor. They have no records dating back to that time and cannot say if it is me or not. I asked the creditor to write the CRA's telling them to remove this from my report. At first they agreed, then they backed down. I guess they are worried about liability for the false entry. I think the next step is to asked the CRA's to validate it with the creditor. But, I am afraid they will just try to validate it with the CA again. How do I get the CRA's to send the validation to the creditor, not the CRA? Only the CA is reporting this. Nothing was ever reported from the creditor. Of interest, when I spoke with the creditor, he was reviewing the collection report he received that day from the CA I called. He said they do hundreds of collections through that agency. So the CA rep lied to me when he said he had no address or phone number for the creditor. Suprise, suprise. What is galling about this is that it is for $57 and was paid (according to the CA) two years before they reported it. I have never dealt with that CA and have never paid any collection.
Oops. I can spell but not type. The question is how can I get the CRA's to go to the creditor for validation, not the CA?
I am not an expert, but think about this. Try sending a validation letter to the collection agency. If the creditor cannot find his records, the collection agent should delete. But I see two problems with this. The CA may take the easy way and claim he verified the account. Or, the CA may claim he still has his records which show you owe the money. Therefore, he verifies it again. If you send it to the CRA, asking them to verify with the creditor and not the CA, what is to keep them from taking the easy route and going directly back to the CA?
Bottom line, if the orginal creditor cannot validate the debt, it should be removed as per the FCRA. Start with the orginal creditor. Send them a certified return receipt validation letter. Wait for a response, if you don't get one in 30 days, send another again certified return receipt. If they don't respond to the second you have your proof that you asked for validation of the debt. At best, they will resond with a letter telling you they cannot validate the debt. That is your goal. At that point you can force the collection company to remove their tradeline. At this point, do not contact either creditor or collection company by phone. Send your validation or letters and wait. They will respond, if they don't go after them. At that point, it doesn't matter if the debt is legit or not.
I think you see my point. The collection agency is lazy. They will lie. So going through them is useless. The CRA's may also take the easy route - validate it through the CA - because that's who reported it and that's whose address they have. They may not accept the address for the creditor I send them. That's what they did when I tried first - validated it through the CA, not the creditor (but, in their defense, I did not have the creditors address at that time. I stupidly thought the CRA would get it from the CA). The other question I have is this. If the CA put the negative on my report, can the original creditor have it removed by failing to validate the debt? This thing is killing my score and I need to make it go away. I'm open for any and all suggestions. Thanks.
just starting--no expert--but try a search re sending letters to your congressman,attorney general's office and planetfeedback.Afterall you are in the right,the debt is not yours.Also search for Lizardkings letter for threatening to sue the CA.
Terry: Your reply was being posted as I wrote my last question. I have a couple questions for you: 1. Why should I have to send two validation letters? 2. If the creditor does not reply, should I then write a letter to the CA demanding that they remove the item? Won't they then try to do one of their phony validtions? 3. If the creditor cannot validate the debt and does answer, do I then send the letter to the CA saying that the creditor failed to validate? Don't I run into the same problem - a phony validation by the CA? I am not trying to be difficult, but the CA is impossible to deal with. My ideal solution would be for the CRA's to validate this with the creditor, not the collection agency. But, I run the risk of running into the problems outlined above.
Send two validation letters. One to the creditor and one to the CA. Never send two validation letters to the same company. Only one. Give them 30 days plus 5 business days(5 business days optional) then see what happens. Looks to me like you are going to have to either threaten to sue them or actually do it, one or the other. Don't fiddle with the credit bureaus until you have the real culprits nailed down tight. You have to stop up all their hidey holes or they will slip out the back door on you every time.
bbauer: I don't want to be argumentative, but I have some questions. Assume I send a validation letter to the creditor and he does not answer. Then I send a letter to the CRA, saying the creditor failed to respond. Won't they just try to validate it themselves? I cannot believe that they will accept my word that the creditor failed to respond (even with a return receipt). If this is the case, would I not be better off to start with the CRA's and ask them to validate the debt with the creditor? And, even if the creditor says he cannot validate because he has no records. will the CRA's remove the entry put on my report by the CA?
I don't want to be argumentative, but I have some questions. I fail to see how you are being argumentative at all.-0 ********************** Assume I send a validation letter to the creditor and he does not answer. Then I send a letter to the CRA, saying the creditor failed to respond. Won't they just try to validate it themselves? I cannot believe that they will accept my word that the creditor failed to respond (even with a return receipt). NO, NO! You send them both at the same time. You have to figure that you are wasting time anyway, so why waste an extra month or two? It's just something you have to do for the very simple reason that you cannot expect to win in court unless you have exhausted all your administrative remedies. It's simple. The judge asks you what you have done to remedy the situtation prior to filing suit and you stand there with a dumb look on your face and tell him you didn't want to fool with them? Or something equally dumb?? Not gonna fly. ************************* If this is the case, would I not be better off to start with the CRA's and ask them to validate the debt with the creditor? Yep! And get the same dumb answer you have been getting. Remember, they are just the reporter and they only report what the other fellow tells them. You gotta get to the root of the problem and the root of the problem is the CA or the creditor or both. Credit bureaus send out letters telling people that all the time, and people still don't want to listen, so they continue to act like wheels and go around in circles just like you been doing. Forget the stupid Credit bureaus until you have the problem resolved. Then go get the credit bureaus to agree. They will have no other choice but to agree. *************** And, even if the creditor says he cannot validate because he has no records. What do you mean, He has no records??? He better not tell that to the IRS, had he now? Yeah, I know. Some business people are telling the IRS that there is no law stating that they must keep records or furnish them to any 3rd party, especially lacking a court order. And some businesses are getting away with it too. But I'll bet the ones you are dealing with are not doing that because I know each and every one of those that are doing it successfully.(for the time being anyway) *************************** will the CRA's remove the entry put on my report by the CA? Not unless you force them to do so. You simply have to know what hidey-holes are available to them and go around and stick something in all their hidey holes except the front door one and then stick a water hose in that one and turn on the water. See what comes crawling out of the hole. (LOL)
Re: update I just won a lawsuit last Friday on a personal injury claim that took three years to resolve. As a result, I am reluctant to get into the court system again. As I have said before, the system is broken. My preference is to resolve this without going to court. I spoke with the creditor again this afternoon. They do not have any records that would indicate that I ever did business with them. The old records were thrown out. Nor do they have any records this was turned over to a collection agency. They offered to give me a letter saying that I do not owe them any money. I do not think this is enough for the CRA's to delete the CA entry. They are being reasonable but are reluctant to say that there was a mistake. I think they want to avoid a lawsuit. If I send them a validation letter, they will ignore it because they do not have any records to validate the debt. So, based on this, will the CRA's delete the entry from the CA saying that I owed the money and then paid the debt? I have reached the end of the line with the CA and would like to leave them out of this, if possible. All they will do is validate it.
Re: update Just an idea. You say that you want to leave the CA out of it because they are a PITA. What this means is that if the creditor does not come through for you, you then have to look for another solution and you have lost 30 - 40 days in the process. Try a validation letter to both the creditor and the CA. If only the creditor comes through, send that to the CRA's. If both come through, send it all to the CRA's. If only the CA comes through (unlikely) then send that to the CRA's. That saves you time and you risk nothing. If anyone else is following this, I have the same question you do. Will the CRA's delete the CA entry based on a response from the creditor or a failure to respond by the creditor? Or, does the delete have to come form the CA?
Re: update If you have or can get what you say you have or can get then that is all you need provided it comes from the original creditor. ******************** They do not have any records that would indicate that I ever did business with them. The old records were thrown out. Nor do they have any records this was turned over to a collection agency. They offered to give me a letter saying that I do not owe them any money. ******************** Tell them that you will be happy to accept their letter. ******************* Then send a copy of that to the collection agency and tell them that you have the proof in writing which you are including with your letter showing that they have defamed your credit and your character maliciously and without just cause and unless they send you a similiar letter of denial, you will immediately refer the matter to your attorney and demand immediate legal action against them. Give them say 10 or 15 days to comply. Send it registered return receipt requested. Then if they do come back with the properly worded letter, you would send copies of the both of them to the credit bureau and demand removal. Not verification, not validation, just immediate removal with the threat that if it is not accomplished within 10 business days and proof of deletion supplied to you, you will immmediately refer the matter to your attorney for appropriate legal action. If that sequence don't get you results, then you best get an attorney for sure. ******************* Good luck I do not think this is enough for the CRA's to delete the CA entry.
