What do I do now? I have one small negative item on my Experian and Equifax reports. It is a paid collection from three years ago for $50 that just showed up this year. Before I found this board, I contacted the collection agency. They said it must be yours because we have your name. They refused to listen to reason and claimed not to have an address or phone number for the creditor. I did this all by phone. What is funny is that it was paid and I know I never paid it and no one ever contacted me. They claim I made two payments by check and they have copies, but refused to provide them for me. I contacted Experian and Equifax, asking them to validate with the creditor, not the CA (I was stupid enough to believe they would make the effort to find the creditor for me). Both contacted the CA and validated the paid collection. I tracked down the creditor in Florida. They said they have no record of me ever having done business with them and know nothing of a paid collection in my name (but they do acknowledge they do a lot of business with this CA). They furnished me with a letter on their stationary saying that they have no record of me and that the collection was entered by mistake and should be removed. Both Experian and Equifax were sent an original of this letter by the creditor. I sent both EQ and Ex a copy of the letter a month ago, requesting deletion. I got the response from EX today. They said the item will stay - no deletion. They gave me no explanation, nor did they tell me who they validated the debt with. They said I can write them for this info. Where do I go now? Ask the CA to validate the debt in writing? Ask EX to give me the info on who the debt was validated by? I am sure they could not have contacted the creditor because they have been helpful and acknowledge it was a mistake. Any help would be appreciated. I hope to hear from EQ in a few days. Also, they did not give me a copy of my credit report. Don't they have to? I do not have any other disputes pending with them.
First of all, CRA's don't validate. They verify. They are under no obligation whatsoever to do anything other than call the CA and verify your name and address. I would fax a copy of that letter to the CA. Then, follow that with a short letter/fax telling your intent to sue. If you want quick feedback, call them up and ask when you can expect the entry to be deleted. If they dick around, ask for their "Statutory Agent" name so you can file suit. File suit in small claims court. Ask for $1,000 in damages for reporting information they know is incorrect. And, ask for $1,000 in damages for not reporting the debt as "disputed". You disputed it when you called and said it wasn't yours. If you don't want to hold out for $$, offer to settle for immediate, full, permanent deletion. SK
Thanks for your response. Does Experian have to give me a copy of my credit report? Any other comments?
Experian has to send you an update showing that item has been verified, and the date. That would be the results of their investigation. Usually Experian will only send a one-page report with just that item. SK
I forgot to mention. TU deleted this the first time I questioned it. I suspect they just deleted to avoid the trouble of doing any work. It was too easy. If I go after the CA, will they attempt to put it back on TU? My other concern is EQ, which has not yet replied. Should be any day now. If they delete, is there a chance the CA can have it put back on if I sue the CA?
Yes, they can put it back. I can't believe how anal some CAs are! All this for a $50 paid collection?? It will cost them more than $50 for their attorney to answer your complaint (if you sue). SK
So how do I resolve this without risking them putting it back on my TU report? At least I have one clean report and would like to keep it that way.
BTW, when I say they can put it back, I mean they *can* do just about anything. Doesn't make it legal, though. SK
If you sue and settle for deletion, I can't imagine why they would re-insert. Unless by some mistake. If it were me, I wouldn't worry about what they *might* do. I would worry about what they *have* done. They have reported a bogus collection (according to you). If it were me, I would fax my proof to them. If they did not delete, I would sue. SK
Strike two Just got my results of my Equifax investigation. They also refused to delete the item, saying the Collection agency verified the info was correct. So, only my TU is clean.
Re: Strike two Any ideas on how to do this without screwing up my TU report now that it is clean. I do have a letter from the creditor saying they have no records of dealing with me and the paid collection was in error. Should I send that to the collection agency?
Re: Strike two Do something to force their hand. What they are doing is irresponsible and probably malicious. I would send them a modified validation letter, call their a$$e$ on this malicious activity. All documented of course. You have proof that you don't owe this money, no one will listen to you. Nail them to the wall. Don't worry about keeping TU clean. If they put it back on after deleting once, they have higher responsiblity to investigate more thoroughly (have you read that part?)!!! The law says the CRA's have to accept your documentation. You sent it. It's their problem. You will just be a gnat in their faces, but who cares. But the CA - write them, give them one more chance to do the right thing, if they don't - go through the "process" and get a few bucks for your trouble. It isn't just you, that's the thing, this whole system stinks, and we are a consumer movement. It's your duty, LOL!!!! There was a time when consumers knew nothing about this process and were powerless. The internet and this board changes all that. They want to keep up their old ways. Don't let them.
Re: Strike two I got some good validation letters from the board. Will get one out. I am going to modify it to ask for copies of the two checks used to pay the debt because the CA swears they have copies and I wrote them. I am absolutely positive I did not and I have all my old banking records. I am positive I never dealt with these clowns,
