I've been disputing an account on my credit reports since last June. (apartment collection) I've sent several DV letters and they failed to properly validate. They later sent me a letter on their letterhead saying that the account was cancelled by their client and that would cease collection and in the letter also agreed to delete the entry from all CRA's. After I sent a copy of the letter to Experian and TransUnion, they both refused to delete it. Next I disputed the account with the CRA's only to have it verified with no change. So... going against the rules, I phoned them to ask them what in the heck was going on. They claim to have absolutely no knowledge of the letter that they sent me, as if the letter fell into my hands from Mars. They requested that I send them a copy of the letter so that they can review it. Shouldn't they have a copy of their own? I don't have time for any tricks or games that they may try to pull. I'm thinking about sending them a letter requesting $1000 and deletion, or showing the letter along with my other documentation to a judge and asking for more $$$. What should I do??
Sounds like it's time to file a complaint against the debt collector. As for the credit reporting agencies, you could plead they failed to consider your documentation and violated your rights under the FCRA. However, you would need some form of damage here.
Damages... what's the best way to rack up damages against this CA the CRA? Apply for new credit and get denied?
My Intent to Sue/Settlement Letter!! This is the letter that I sent this CA. I enclosed a copy of their original letter they sent me, agreeing to delete the tradeline. I've also enclosed a copy of the federal complaint that i intend to file if they decline my settlement offer. ******************************************************************************** ****************** My Name Address City state zip September 28th, 2007 Scumbag CA City, state zip RE: Account No. xxxxxxxx NOTICE OF INTENT TO FILE A FEDERAL LAWSUIT To Whom It May Concern: This letter shall serve as a formal notice of my intent to file a Federal Lawsuit against your company in the United States District Court, Northern District, due to your blatant and objectionable disregard of the FCRA, FDCPA, the violation of my rights, and breach of contract. On March 2nd, 2007 I mailed you a certified letter (7006-0810-0006-1490-xxxx) informing you of my dispute and requesting full validation of the above mentioned account. In your reply, you sent me vague and improper validation of the account. On June 27th, 2007, I sent you yet another certified letter (7006-0810-0006-1028-xxxx) seeking supporting documentation to your claims. I also asked for physical evidence that directly demonstrated that the account information in which you listed on my credit reports was 100% accurate, and that my rights have not been violated. In your reply, you again sent me the same vague and improper validation information as before. During this time, I contacted the FTC directly and spoke with a specialist about your company and the required documentation that you â??mustâ? provide me with if requested. I was informed that if â??any itemâ? of the information is in question and that if I request full validation and evidentiary documentation of any charge; youâ??re bound by Federal Law to provide me with such information. I was also informed that all Collection Agencies, including your company is strictly prohibited from reporting unverified consumer information and that doing so could cause you to be held liable for damages for willful and negligent noncompliance of the FCRA and FDCPA. On July 12th, 2007, I mailed you another certified letter (7006-2760-0001-6148-xxxx). This would be letter number three that Iâ??ve sent you concerning this account. In this letter, I explained exactly what I needed you to provide me with. I gave you a deadline of July 28th, 2007 to provide me with the supporting evidentiary documentation, or to delete this account in itâ??s entirety from my credit files. I also explained that if neither request was fulfilled, I would file complaints with the Better Business Bureau, the Federal Trade Commission, and possible file a legal complaint for multiple violations of the FCRA, FDCPA, and violating my rights. In your reply, you sent me a letter stating that the account in question had been cancelled by your client and that your commpany would no longer pursue recovery of the account. Also, you stated in your letter that any derogatory credit listing made by your company would be removed from the credit bureaus. For your convenience, Iâ??ve enclosed a copy of the letter that you sent me for your review. That letter provided me with a sense of relief until weeks passed and your listing remained on my credit reports and it remained unchanged. I then disputed this account again with both Experian and TransUnion, only to have your company verify this account with both credit bureaus. As of the date of this letter, your account remains, and remains unchanged on both Experian and TransUnion. My frustration grows greatly daily. You and I both recognize the time and expense of litigating this matter through a jury trial in the United States District Court. If your company would like to resolve this matter outside of the United States District Court, Northern District, and avoid the expense of lawyers and litigating, Iâ??m willing to consider an offer of settlement to include $1,000.00 and immediate deletion of this account from both Experian and TransUnion. This offer is valid for seventy two (72) hours after receipt; otherwise Iâ??ll withdraw this offer and proceed to file my Federal Lawsuit in the United States District Court, Northern District. Iâ??ve also enclosed the first page of my Federal complaint for your review. Please contact me at (xxx) xxx-xxxx if you would like to bring this matter to a close. Regards, my name Enclosure: ******************************************************************************** ***************************
Too many words. Try this on for size: Gentlemen: Pursuant to your request, see attached letter. If this item is not off my credit report in ten days, you will be seeing attached summons delivered to you by a process server.
Ditto on the length. They'll glaze over after the first paragraph (assuming they read it at all). It's not your job to educate them in the laws that govern their business. Just tell them what you want and what you'll do if you don't get it. Then follow through with what you said. Actions speak louder than words.
