I've been a good girl and I did a search first, but I'm not finding what I need. Like everyone else, I'm getting sick of the "already investigated" crap from EX and TU. I'm looking for an example of a good "ITS/Delete it or else!!" kind of letter. Can anyone help???
I am finding out that the "threat" letters get about as much action as any other letter. If the company wants to work with you they will from the start. If they are going to be idiots, they are not intimidated by letters. I just got off the phone with TU, and at least I can talk to someone and get some feedback. I am disputing something for the third time, and I told the woman on the phone, how can you claim you have investigated this when I have sent three certified letters to the creditor, and they have not replied back to one of them. With TU, at least they are talking to me. What frustrates the crap out of me is the creditor feels they are under no obligation to answer one of my letters. They can tell TU whatever they want, but they never reply back to me, what good is that? How about some good advice on how to sue a creditor? Anybody have anything to share???
Thanks for the *bump* Since I haven't gotten much feedback, I put together my own letter from pieces and parts. I guess my real question is WHAT AM I DOING WRONG???? Since last summer, I've sent several letters (about 4 or 5) to each CRA for my files and my hubby's. I've disputed online until I can't dispute any more. I've had a couple of minor things dropped from each of our reports here and there, but the BIG BADDIES are still there: 2 MBNA charge offs (one on mine, both on hubby's)--we've been paying the evil Wolpoff & Abramson faithfully for over 1 1/2 years, but the 120 day lates, etc., etc., from MBNA still show Discover settlement on mine a couple of 30 day lates on a current auto loan I keep asking for procedures, names, phone numbers etc. of persons who verified info.--All I get are "previously verified" and print outs of creditors, P. O. boxes and toll free numbers. Our scores remain in the 550's to 570's. HELP!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! A very frustrated Debtchoked
One thing I haven't done is trying to contact the OC for the MBNA accounts. Does this do any good when they are legitimate debts? I mean, Wolpoff and Abramson scared us into paying them (long story--thread posted 1 1/2 to 2 years ago) and we have. Actually, I just looked at my hubby's TU report and one of the MBNA accounts (the cc acct.) is showing currently 30 days late???????????????? How can this be??? We've been paying W & A for over 1 1/2 years!! Now I am going crazy. They are legit debts, I have been paying them, but I want all the derogs off our reports. What the heck do I do?????? We're moving to a new state in just a couple of months (I'll need a new mortgage around April or May). I have a decent downpayment (10%--maybe more if our current house sells well), but with our 550 to 570 scores, are we doomed? A still VERY frustrated debtchoked
No, they are not legitimate debts. You have been paying money to Wolpoff & Abramson that you do not owe. MBNA provided none of THEIR assets for your account. You provided funds that did not exist before the account was opened. Your signature on subsequent invoices created the funds. New money was created as you made purchases. MBNA did not risk any assets, they did not LOSE any assets yet they continue to Collect from you. YOU are the original creditor, NOT THE BANK!!!!
OK Guys... I have read all posts in here and none of you have done the right thing yet.... before you can think of sending ITS.. have you request the "Procedure Request" from CRA's?..............that should always be your next when CRA's telling you the items was "verified"
thanks. I really appreciate the fact that someone FINALLY tried to help me!! But, your post kind of confused me. Is there any way to get the MBNA derogs off my report???? I've disputed, disputed, and disputed again and again with the CRA's. I've asked for procedures, names, numbers, etc. of those people who supposedly verified the info., etc. etc. All I keep getting is "already verified," "already verified," "previously verified, " "Previously verified""already verified," "already verified," "previously verified, " "Previously verified""already verified," "already verified," "previously verified, " "Previously verified""already verified," "already verified," "previously verified, " "Previously verified""already verified," "already verified," "previously verified, " "Previously verified".........................................I've used good will tactics, I've threatened, etc. etc. I'm scared to death to go to court--besides, what can I do???? The CRA's have always responded within 30 days. I've been paying the stupid debts for over 1 1/2 years because I wanted my scores to go up. They are going nowhere!!!!! HELP PLEASE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
my last post (the part about being confused) was directed to the post by thetruth. To answer your question cexume, yes, I've asked for procedures several times. I keep getting ignored or the CRAs send a print out of generic addresses (usually P O boxes) and toll free numbers for each of my creditors listed.
I can see that you are alittle frusturated with the situation..... you said you have asked CRA for procedures request but you didn't wether the reply back or they ignore your letter........... did they reply back or ignore your letter?
ok.. now what I would do if i were you is to build papertrail... use the information they provided you and validation letters, if after 30days no response.. send estoppel letters ........ still no response... NOW enclosed all copies of all letters and CRRR copies and the letter that the CRAs sent to you... with a new letter ask for deletion due to lack of response for CA/OC and how the hell did CRA verifies?
They have always replied, but only with generic "already verified" responses or occasionally, printouts of basic creditor P O boxes and toll free numbers. I never receive specific names, addresses and telephone numbers. Maybe I'm going about this all wrong. I've tried disputing online, I've tried sending letters. I have even sent copies of previous letters, etc. They just don't budge for me. I've tried to merge different letter samples ( I'm a college writing professor, so my writing is fairly decent--I've even taught a few years of business writing). I've had several letters implying that I'm using a 3rd party credit repair agency. It's probably because I don't sign any of my letters. I've read here that I shouldn't sign them and I've read that I should sign them. I never do because I thought someone might be able to come back on me for lying (NOT MINE, etc.). Besides going to court (which I just can't do), what approach should I try? I really want to be able to qualify for a decent mortgage in April or May of this year. I will have around $22,000 by the end of May to use as a downpayment (maybe more if my house sells well). I've been advised on this board to use it all to pay down my debts. I'm afraid that if I do that, either my scores won't go up very far or they won't go up fast enough and I'll be left with no downpayment money and no house with 4 kids and a husband. Thanks for your input.
if you can't get any anything to verify with the information they send you ... your need to send them letter intent to file a small claim againt them also file a complaint with FTC and your state Attorney's general.... they are required by the law to povide you with the necessary information in other to validate the debt........... don't be scared because you have a good case agains them,.... make sure you keep all records (letters and CRRR)
Is the threat to sue sometimes enough? Should I quote the FCRA? What is the exact legal "rule" concerning this? Maybe I could send an ITS letter (which was exactly what I was looking for in my original post) stating the "rule" and copies of all my CRRR receipts (or maybe just telling them that I have them would be enough)--I think I can come up with a good letter, I'm just not very versed in the legal aspects. Should I sign my letter? Does it make any difference one way or another? Maybe I had it all wrong before--Maybe my signature will tell them that a REAL person is behind the threat. I don't know--What do you think? I REALLY appreciate all your sensible feedbackand encouragement, cexume--Thanks
sorry it takes me so long.. I was looking for teh correct letter for you... here it goes! you might have to modify it a little bit....... Last letter before lawsuit is filed. This is my last attempt to correct your records before I file a lawsuit in My County Court. If I receive another letter from you stating that you have â??verifiedâ? the incorrect information, then you will be sued for the following: 1) Violation of the Fair Credit Reporting Act 2) Defamation 3) Negligent Enablement of Identity Fraud I have attempted to contact the disputed creditors in question and I have demanded proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature. It has been over 90 days since my certified letters went out. I have sent follow-up letters. I have contacted them by phone. Nothing ever gets done. So far, none of them has been able to provide proof that I am their customer or that I ever signed anything to open an account. Under the doctrine of estoppels by silence, Engelhardt v Gravens (Mo) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists. You are instructed to remove each of the accounts in dispute immediately or my small claims lawsuit will be filed in My County Court on January 2, 2002. This is not a request for a new investigation. This is a demand that you correct your records. When you fail to show up for the pretrial conference I will get a $5,000 default judgment against you and I will file a Writ of Execution with the Sheriffâ??s office in your county. Then I will begin the process of attaching property or funds to satisfy the judgment. If you wish to avoid the lawsuit, this is your last opportunity to correct your records. The following items must be deleted from my credit file and prevented from reappearing. I have copies of the receipts of Certified letters I have mailed you over and over again proving the debt does not belong to me. Yet, you continue to report the debts even when I send proof from the original creditor. For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status. Witness my hand and seal this 17th day of December 2001.
cexume, you are fantastic!! Thank you very, very much. This is exactly what I was looking for. What is your opinion about signing the letter? Do you think I should? debtchoked
