On 04/03/04 I sent Certified/Return Receipt this letter to TU...(here's a brief "review" of the letter)... Dear Customer Relations: Upon review of my most recent "updated" report dated 03/30/04 I have noted that you are reporting inaccuarte information. The following account is not mine: Tri-Area Collection Company, Account # 1234567 I have no record of any billing, notification or contact from an "Company Name Here", nor a "Tri-Area" Collection Company. They signed for the letter 04/08/04. I received a response today from them dated for 04/08/04 that states: Thank you for contacting TU. our goal is to maintain complete and accurate info. on your c.r. We have provided the information below in response to your request. Re: Dispute Status Our Records show that you creditor previously verified as accuarte the item listed below. Therefor, under the FCRA we consider this dispute frivolous and we will not reinvestigate the item nless you can proved court paper or a recent, authentic letter from the creditor that explains what information should be updated. If you disagree...blah blah blah you know the rest. Than it lists the Collection company to which I have disputed along with their contact info. My question is...what do I do now? Throw in the towel (I'm guessing not and hoping that's not the answer).....I'm new to the "game" and opening this letter sucked worse than reading my c.r. Here's another question. On 03/01/04 I disputed this account, they came back on 03/31/04 "New Information below". I reviewed this "update" on the update c.r. they sent and it doesn't say "checked", or even have a current updated info. So I'm guessing it wasn't even really verified than? On my 03/30/04 report it reads.... "Collection Record" <Tri-Area Collection Company> Account # 1234567 Updated 08/1999 Placed 10/1998 Balance $100.00 Most Owed $218.00 Past Due $100.00 Status as of 08/1999: Collection Account Thank you for your input!
Oh yeah, and..... They will not reinvestiate unless I can provide documentation? HELLO!?! If it's not my account, how in the heck would I have such documentation? Grrrrrr, I'm angry and ready to play hardball
well I am sure one of the credit experts might be able to better answer your question but I might be able to help some.. Is this CA Liscensed and or Bonded??? If not depending on your state the may not be legally able to collect. Have you sent the valadation letter to the CA? what is the SOL in your state on such a debt?? I am not certian but perhaps if you dispute it as something other than "not mine" it might work..
send a written dispute to the CA and request validation CMRRR and put this # on your letter as well. they must respond in 30 days fromthe date they recieve your letter. if they have no proof, they must request deletion of their TL from your report under the FCRA. if they pusue collection activity they violate the FDCPA for failing to validate and continued collection. If they have nothing they should send you a letter of deletion signed on their company letterhead, I would first call, then if needed send another letter to the CRA and state that you have sent a written request to the CA and have recieved no response in an attempt to verify the information that they are currently reporting. and that the CRA are in violation under the FCRA for reporting inaccurate, unverifable info and it needs to be investigated further this may help. It worked for me.
I have no idea whether or not they are licensed or bonded. I just got the response from TU yesterday, and didn't want to make any hasty phone calls asking questions and screw myself. No, I haven't sent a validation letter to the CA. I have no idea who they are nor what this is for. I've never received any communications from them, besides the fact that this alleged debt is from 1998/1999. This is why I disputed it as not mine, because I really don't believe it is mine.
CMRRR is Ceritifed Mail Return Recipet Requested. From what I have learned you should always send letters to the CAs or CRAs this way.. You have proof they got it and someone signed for it.. You can Look up the statue of limitations right here on the web.. Also your states attorney generals office web site might have the information as to liscensing or bonding. Send a letter to the CA requesting valadation.. You can find sample letters on this site that can help you.. If they cant prove you owe it they have to delete it. if they ingnore your letters.. which may happen .. You can send copies of the letters and copies of the signed cards that you will get to the CRA .. You can then tell them this comapany cannot or will not give you valadation.. They will then have to delete it themselves.. If they dont they will be in violation and you can sue them for $1000.. Unforuntaley I dont know how to do this any quicker and it can take a few months.
Re: Re: Frivolous? LOL about CMRRR, I thought about it a little after I posted that and than went (Oh, Duh! after figuring out what it meant..) I checked with the state today, They do have to be licensed & bonded, and they are. So I'm sending a letter to the CRA, demanding their "procedure", and all informatin that pertains to their verification, and I'm sending a letter to the CA, for verficiation. I didn't figure there was an "easy" way, and I'm prepared to take whatever path I need to as long as this stuff gets resolved sometime before I die. Thanks for all your help everyone.
Re: Re: Frivolous? Thats a good start... also you can dispute any old addresses.. I think sometimes the creditor doesnt really have proof they just have your name and address..
Re: Re: Re: Frivolous? I would hold off on this until I got Validation response from the CA You want to request VALIDATION of the Debt from the CA.. NOT VERIFICATION! ..use one of the sample letters here as a guide and change the wording to make it specific to your case (send by CMRRR) If you do not get a response from the CA within 30 days, send another letter to the CA (by CMRRR) giving them 15 more days to respond. After 45 days send the CRA your "evidence" ( 2 CMRRR letters sent to CA, and no response) and demand that the CRA remove the entry. If they do not, or send you a letter stating "frivolous" or "previously investigated" then it is time to send the letter requesting their verification procedures after that it's time to send them an Intent to Sue Letter. But, take it 1 step at a time and go from there good luck!
Re: Re: Re: Re: Frivolous? I meant Validation not verification, sorry. And I did find one of the sample letters...and tailored it to my scenario. One other question though, You said that if the CRA responds frivolous to send demand for procedure.....The letter they sent me does state frivolous, so shouldn't I be be sending demand for procedures? Thank you for your input!
Re: Re: Re: Re: Frivolous? I understand what you are saying, but with my method you now have PROOF of your claims and they can't just brush you off with a "frivolous" letter. There are sections of the FCRA that say they can't discount any proof you provide when disputing an entry. from the FCRA: (3) Determination that dispute is frivolous or irrelevant (A) In general Notwithstanding paragraph (1), a consumer reporting agency may terminate a reinvestigation of information disputed by a consumer under that paragraph if the agency reasonably determines that the dispute by the consumer is frivolous or irrelevant, including by reason of a failure by a consumer to provide sufficient information to investigate the disputed information. (B) Notice of determination Upon making any determination in accordance with subparagraph (A) that a dispute is frivolous or irrelevant, a consumer reporting agency shall notify the consumer of such determination not later than 5 business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the agency. (C) Contents of notice: A notice under subparagraph (B) shall include - (i) the reasons for the determination under subparagraph (A); and (ii) identification of any information required to investigate the disputed information, which may consist of a standardized form describing the general nature of such information. (4) Consideration of consumer information In conducting any reinvestigation under paragraph (1) with respect to disputed information in the file of any consumer, the consumer reporting agency shall review and consider all relevant information submitted by the consumer in the period described in paragraph (1)(A) with respect to such disputed information. (5) Treatment of inaccurate or unverifiable information (A) In general: If, after any reinvestigation under paragraph (1) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or cannot be verified, the consumer reporting agency shall promptly delete that item of information from the consumer's file or modify that item of information, as appropriate, based on the results of the reinvestigation.
send the CRA a letter CMRRR & put this # on your letter . tell them pursuant to the FCRA you directly contacted the furnisher of information seeking to obtain verification of this alledged debt, and you are unable to verify its validaity, therefore you are formally requesting deletion from your report. include a copy of your letter and proof of CM.( should have waited at least 30 days for the Ca to respond) if you fail to comply with the FCRA and remove this unverifable inaccurate information immediately from my report, I shall be forced to obtain legal council and file suit against Trans Union or the name of the CRA for willfull failure to comply with the FCRA. furthermore, the FCRA allows consumers to seek additional remedies such as damages against a CRA for willfull non-compliance.
Does the CA exist? You got a name address, how about a phone number? If not, have they pulled your credit report? You would see their name on the inquiry section. Tell me if TransU gave you a phone number in that letter you describe above.
Yes, they gave me The CA Name, Address, Account Number, and Phone Number. I do not see an inquiry on my report from the CA but the account has not been updated since, 08/1999
