Has anyone ever had any luck....

Discussion in 'Credit Talk' started by matt_r, May 13, 2002.

  1. matt_r

    matt_r Well-Known Member

    .....having a item deleted from their credit report based on the fact that the OC or CA was unable to validate, or did not respond to your validation requests?

    I know, I know....I'm referring to the Asset account on my reports. I drafted a letter to send to TU asking for deletion and the gist of the letter is "they can't validate / continued reporting is a violation of the FDCPA / please remove this invalid account". One of the problems, however, is that it is currently noted as "account info currently being disputed...blah blah blah" that Asset added to the item. Of course, this isn't good enough for me....I want it G O N E !!!!!!!!!!

    Has this ever worked for anyone before? I'm seriously considering doing this but I don't know if anyone has ever had luck with this approach before.

    TU seems to be the most leniant when it comes to accepting documentation from a third party...at least they have been for me.

    Any suggestions would be appreciated.....-m.
     
  2. LKH

    LKH Well-Known Member

    I have had success with this approach. In the letter section, is a letter I wrote, that pbm posted there, addressed to the cra's demanding deletion of unvalidated accts. I sent this letter along with copies of the validation letters and the certified mail green cards as proof. The letter is listed as validation 05. Here it is:


    «Your Name»
    «Address1»
    «Address2»
    «City», «State» «Zip»

    «Company»
    «Address1»
    «Address2»
    «City», «State» «Zip»

    «Date»

    RE: Account #_________/Original Creditorâ??s Name

    Dear Sir/Madame:

    This is a request for deletion of a disputed item. I have attempted to have this allleged debt verified by the alleged creditor and collection agency to no avail. I am respectfully requesting that Credit Data Southwest do what is legally mandated by the FCRA and FDCPA, and delete the account listing.

    Name of Creditor/Agency, Account #_________

    On «date», «collection agency» received a demand for validation from me. Attached is a copy of that letter along with the U.S. Post Office return receipt showing they did indeed receive the request. As of today, Dec. 6, 2001, they have failed to provide any proof or respond in any way.

    On «date», I sent a second letter. Again, I have received no response. Attached is a copy of the letter and the U.S. Post Office showing they did receive that letter.

    On «date», I sent yet another letter. Again, I received no response. Attached is a copy of that letter as well as a copy of the U.S. Post Office return receipt.

    The FDCPA states they must cease collection activity until they have produced verification of the alleged debt if so requested. As per the FTC, this includes reporting to the credit bureaus, which they obviously have done illegally. It is quite evident that no such proof of this alleged debt exists or they would have provided it in the previous 4 months since it was requested.

    Also, when an alleged debt is disputed, a notation must be entered on the debtors report showing the item as in dispute. Again, this was not done. Another violation of the FDCPA.

    As per the FCRA, if no proof of debt exists, it may not be reported to the credit reporting bureaus. The FCRA also states that the credit reporting agencies must accept written proof from the debtor.

    Therefore, I am not asking for an investigation to be done, I am requesting that the entry be deleted in its' entirety as there is no proof of its' existence as evidenced by my attached documented proof.

    Sincerely,

    «Signature»
    «Your Name»
     
  3. matt_r

    matt_r Well-Known Member

    *Exactly* what I'm looking for. Thanks, lkh.

    Have you ever tried this yourself, and if so, did it work?
     
  4. fixinitup

    fixinitup Active Member

    I tryed this and no it didnt work at all, TU sent me a letter stating that they didnt accept my documentationa and they will reinvestigate the accounts. The accounts never had a notation of "in dispute" and they didnt validate at all, I sent 2 dv letters crrr mail and sent copies of everything to TU and they wouldnt accept, now what do I do? this is terribly frustrating and unbelievable.
     

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