Maybe you guys can help me with this one as I have hit the wall. The issue is a $32 utility bill from a utility in California, DOLA 8/96. I foolishly paid this in 5/01 before I knew anything about anything (they told me over the phone that they would change the listing to paid). What they did was change it to paid collection.........happy day, right? I have tried two nutcase letters, groveling persuation, etc. to no avail. It is ironic that this little $32 bill has become the hardest issue to deal with as they wont budge. They keep responding with a letter that states "they are reporting the debt correctly." Any help or ideas would be appreciated. NV Bone Doc True health is found from within
Is the information on all the CRA's 100% accurate and consistent. I read one court case where someone invoked FCRA violations because one report had cents and another didn't. (Sorry, don't remember the case - maybe one of the legal mavens here will.) 0
Have you tried denial. I had a case where my daughter lived one of my rental units & I bank drafted the utilities. She moved out and they didn't bank draft the last one, didn't send me a bill, and I didn't know anything about it untill a collection agency contacted me 6 mos later. I paid the bill and tried to explain that they should have bank drafted the last pmt., and that I had never received a bill, didn't know about it, etc. They just turned a deaf ear, wouldn't even listen to me. I denied ever owing it on EQ., and it dropped off. Getting ready to do the same on T.U.
I had a paid collection from 1999 on my reports and I disputed it as "not mine" thru all 3 CRA's and all 3 removed it...Not sure if you've taken that route but I would think that should have been your 1st thing to do before asking the CA for validation.
If you are a resident of California there is help in the Calif. Civil Codes. Section 1785.25 (c) So long as the completeness or accuracy of any information on a specific transaction or experience furnished by any person to a consumer credit reporting agency is subject to a continuing dispute between the affected consumer and that person, the person may not furnish the information to any consumer reporting agency without also including a notice that the information is disputed by the consumer. It does not matter if the CA or OC (in Calif. the OC is bound by same collection statutes as CA) disagrees, they have to make the notation. Did they make the correct notation on your CR??
Hi NvBoneDoc, Yep, these silly little $30 derogs are tough. Since it's paid they won't fight you very hard. All you need to do is figure out a way to step up the pressure. I don't see your Nutcase letter but if it can be construed as a demand for val. you already have a case. If not go ahead and start a val demand. You can do that any time, even after pmt. During the process of val. I guarantee you they will violate the FDCPA or FCRA. Once that happens, they will drop the derog as soon as they get a case number from a Sheriff. Since they won't respond to your nutcase letter then go NUTCASE and file a suit. That's what I would do.
Thanks for jumping in Butch, With the previous 2 Nutcase letters that I sent, they responded with what I call a "blurb" letter sating that "they are reporting the information correctly." What I did in my letter that I sent today was : 1) dispute that I ever owed them anything (demanding validation) 2) dispute the "Paid Collection" tradeline Cited the CA Civil code that was posted before and stated that their actions have damaged me financially through higher interest rates and credit denials. I am going Nutcase on them as this little thing is what is standing between me and the 700 club. Thanks, NV Bone Doc
Butch, Do you recommend filing then sending a settlement offer or sending an intent to sue letter with a settlement offer. Thanks NV Bone Doc
Re: Re: Help with utility paid collection Hey BoneDoc, So sorry I missed your question. I'm still having puter trouble. How are you doing with this? ???
