Disputing debt. 30 days and no anwr

Discussion in 'Credit Talk' started by trex, Dec 11, 2002.

  1. trex

    trex Member

    Hello,

    I used a sample letter and modified it to dispute the charges that a collection agency claims that I need to pay.
    It's been more than 6 weeks since I sent a letter to them explaining why the charges are inaccurate and asking them to provide proof that I authorized the charges.

    So far I did not hear from them. I was thinking of sending them another letter, but the forum sample letter speaks about a lawsuit against Trans Union, which is a CRA, not a CA. So, is it worth mentioning that lawsuit?
    Also, please adivse what my next steps should be. What should I write in the next letter, etc

    Thanks,
    .Trex
     
  2. robin

    robin Well-Known Member

    I am not really sure how to advise you because I really do not know what you wrote in your first letter. When you say you explained to them why the charges are inaccurate and asked them to provide proof that you authorized the charges it seems to me that you are at the very least admitting that this is in fact your account. This is a CA. They could care less about who authorized what. That would be covered under the FCBA and you would take that up with the OC. Once you have reached the CA stage you need to demand straght validation and admit nothing, explain nothing, because you may paint yourself into a corner and because the burden of proof is on them not you. Unless I can see the text of the letter that you sent I am afraid I can only give you a general response.
     
  3. trex

    trex Member

    ok...

    Here is my situation.

    I rented an apartment and had a corporate lease, the lease was automaticaly extended at the end of each month, by paying the rent plus an extra fee for such a lease. So there was no predefined lease period.

    The residential complex tried to get me to sign a 1 year lease, but I never signed anything, I stayed with the month by month terms.

    Well after I left I got a letter, from the residential complex, saying that I owe them rent for the next 6 months, plus late fees, plus clean up fees. Unfortunatly I left the country that night for a while, when I got back a CA was handeling the case.
    The CA also mailed me a summary of all the charges taken from a computer screen.

    I wrote a letter to the CA explaining the situation and asked them for proof that I agreed on a 1 year lease.

    As a note, I do not have the original agreement signed with residential complex.
    In addition the residential complex will not speak with me..they are refering me to the CA.

    Hope this clears it up a little. Thanks for your help.
    .Trex
     
  4. whyspers

    whyspers Well-Known Member

    I would do a followup letter again requesting validation. Give them 15 days and then send the estoppel letter and if they don't respond and don't remove the tradeline, sue 'em. It unfortunate that they just don't do what they are supposed to do. All they have to do is send you the lease or proof that it is your debt. If not...then delete the account. I can't understand why we are forced to sue to get any type of response from these people.


    L
     
  5. sirrowan

    sirrowan Well-Known Member

    Trex,

    A computer printout is not full validation. I can type anything I want into my computer but that doesn't make it true.
     
  6. trex

    trex Member

    there a sample letter on the forum...should I use that one?..It refferences the Trans Union lawsuit.

    .Trex
     
  7. sal826

    sal826 Well-Known Member

    whyspers,

    The reason the CA's stick their noses up at consumers is mainly because they are so used to getting away with it - at some point they might start taking these lawsuit threats seriously.


    -Sal
     
  8. Vman

    Vman Well-Known Member

    I'm With Trex here.

    There are Validation letters here that are geared toward a recent letter / call from a CA.

    BUT- Where is a good letter to use if you have a CA item on your report, and want it verified/removed.

    In my case I know it is not my account, and there is no way they can verify it, so I am not worried about 'waking up a giant'

    Should I just modify one of the standard validation letters? Do I demand it removed from my CR in the first letter, or wait until they have not validated after 30 days?

    Thanks
     

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