The CA's word is worth the paper its written on. Don't pay anything either as you would restart the Statute of Limitations clock. If it is not in writing you have no paper trail. As far as being a crime to lie to a credit bureau............the majority of collection agencies would have their staff servicing the inmates in Oz............ Also is it unethical to lie to a liar????
The CRAs only accept entries from their customers. Call the CRA and ask them for the address & tel# on file. As to the letter, I can only tell you what has worked for me & kept me from the situation you're in. Write up your own, & other people will critique it. If you think this has a probability to develop into a legal issue, disputing it as "not mine" could come back to haunt you, even if there's a breach of contract.
So, DukeofEarl, you are suggesting that I write up some kind of agreement for them to sign? If they sign and then do not delete can I sue them?
I think I will just let these sit and see if I can find some info on the ca. They are not alot of money and I could probably pay them in full in exchange for a deletion. I do have another that has a small error. Think I will dispute that as inaccurate and see what happens. I am a bit concerned about posting letters on here as I have seen posts commenting that collectors visit this site. Knowing my luck I would send it to a collector that read it here.
Duke, Welcome to the board. As to the SOL, it's illegal per the FCRA. Search for the posts about that or go to http://www.ftc.gov/os/statutes/fcra.htm We know most CAs lie and are non-compliant, sometimes willfully. But how can you engage in the same behavior & expect a judge to take your side?
If you cannot figure out what collection agency it is, then the law says the CRA's must give you the name, address and contact info. Why not post it here first - somebody might know. That is one of the benefits of creditnet.
I agree, however, in this case, since it is a collection agency, I would not state that such-and-such happened, and I was unable to pay... That would be validating the account for the CA. I think dealing with the original creditor is totally different (depending on the creditor, LOL, some don't give a hoot). CA's don't care whether you have integrity or not, in fact, if they think you do, they will use it against you. Since it is a CA account, you know some time has gone by. I would use the validation letter, then dispute technique. You know the CA's will not produce adequate proof. Then you can dispute and they cannot legally verify to CRA's. That is just using the law to fight them.
Yes indeed. A written agreement (or oral but how do you prove it) is a contract and if you perform (pay) and they fail to perform(not reporting as agreed) you can sue for breach and enforce the contract. KEY POINT the older the debt the less the value and if the debt is past the statute of limitations the greater your bargaining power.
Rina There is fairness and justice and there is reality. Do you think OJ was innocent? You can revive a debt which would be unenforceable otherwise under the applicable statute of limitations for that state by making a payment. I was not referencing the 7 year reporting sofl. I am discussing bargaining power here. The older the paper the less % assigned to it hence the greater the bargaining power. BTW Didn't Christ say "forgive us our debts......"
To quote Columbo, one more thing........disputing as "not mine" or "incorrect" will not hurt you, haunt you, or otherwise interfere with your "case" should it come to that.
