I give up. Please help a moron!!!!

The nutcase letter was written to get fully paid collections removed from your credit report. It is based on the premise that the CA would rather delete the derog than have to spend money defending lawsuits filed by a "litigous nutcase".

It isn't meant to be used for unpaid collections.
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The paid collection is a whole other ball of wax.

With Sears, you have a continuing relationship -- and hopefully a good one -- that benefits both you and Sears. If in fact, you've demonstrated excellent payment history with them for a period of time following the delinquency, then you're a customer Sears wants to keep because they know that you're likely to be a part of their profit margin for years to come. For that reason, they're actually often motivated to do nice things for reliable customers.

With the paid collection, you're in a completely different spot. You're no longer a customer. You were a nuisance before: as far as they were concerned, it was like sucking blood from a turnip to get you to pay. There's little chance that you'll make them money again. They don't want to deal with you anymore. Instead, they want to devote their resources toward current customers (if you were dealing with an original creditor) or toward people who still owe money (if you were dealing with a collection agency).

Because the paid collection is COMPLETELY DIFFERENT, then you must do something COMPLETELY DIFFERENT, lol. No, the sweet approach is NOT likely to work. Instead, you must show them that you are likely to be a CONTINUING NUISANCE and maybe even a legal problem if they don't do what you request. In other words, you want to send a letter that will achieve a few specific outcomes:

1) You want your previous CA acquaintance to read the letter and think, "What the heck is this?" Disarm them. They're not used to reading letters from people who have ALREADY PAID, lol.

2) You don't want them to simply toss away the letter. Instead, you want them to understand that they will ignore the letter only at their peril: "Sheesh, I'd better show this letter to John over in legal. Good grief."

3) You want them to think, "Lordy, we can simply delete the accounts from the CRAs, or we may end up spending money on foolish legal claims from this bozo. What's the quickest way for us to be finished with this nutcase?"

4) You don't want to do anything that would constitute wrongdoing on your part such as: a) being personally threatening, b) threatening legal action outright (instead you're going to simply hint at it), or c) saying anything fraudulent.

That said, I would recommend that you send a slight variation of the validation letter you would normally send to unpaid creditors. Your hope is that they'll get the letter and wonder what in the world you are up to; then they may well send the removal request to the three credit bureaus just to be rid of you. I personally never had unpaid chargeoffs; however I did have several very late pay notations for which this tactic worked. For that reason, I've become a bit of an expert (lol) at dealing with FULLY PAID CREDITORS WITH VERY BAD TRADELINES.

A sample letter follows. It may or may not work, but you won't know until you give it a shot -- and you have a very good shot. Finally, you should follow up with regular CRA disputes if this doesn't pan out. Don't send the CRA disputes first. Good luck to you.

Doc

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Date


Name of Old Fully-Paid Acquaintance
Address
City, STATE ZIP

To Whom It May Concern:

I am formally requesting that you validate all tradeline notations you have submitted to the three major credit reporting agencies by "NAME OF COLLECTION AGENCY" or "NAME OF ORIGINAL CREDITOR" for me, YOUR NAME, for account number XXXXXXXXX.

Due to possible inaccuracies in these CRA reports, I must demand that the validation I hereby lawfully request be in the form of a notarized statement by a person with original knowledge of the debt as it was constituted and who can testify that the debt was incurred legally, was not subsequently disputed as a result of returned, faulty, or recalled consumer products, was not utilized as a profit-loss tax deduction during the period it may have been payable, and was not claimed as a loss with any insuring entity during the period it may have been payable. Please be advised that I am not requesting a verification that you have my mailing address; rather, I am requesting validation, i.e., competent evidence that I had some contractual obligation sans consumer protection encumbrance which incurred the original claims associated with this tradeline.

I have enclosed two documents which will verify my address: a photocopy of a [YOUR STATE] Driverâ??s License and a photocopy of a recent [NAME OF UTILITY OR TELEPHONE COMPANY] statement.

Please know that you have 30 days from the tracked and confirmed delivery of this lawful notice to either answer these demands or to remove the associated negative tradeline notations from the CRA reports. Any other action may constitute evidence of your intent to abridge one or more civil or other constitutional rights. Please be further advised that continued unsubstantiated reporting of possible inaccuracies to third parties may provide a basis for criminal complaints being filed in accordance with FDCPA, FCRA, and other federal statutes.

I look forward to a timely and amicable resolution to this matter.

Sincerely yours,

Your Name
Address
City, STATE ZIP

 

Hey Struggler,
I will not stand for calling yourself a moron! ;-)

By the time you get to the actual post where the letter appears (through the search feature), your grandchildren will be going to college! lol

Glad someone could help you out!

 

I totally agree, you are not a moron.

A moron wouldn't have the sense to come to this board and try to get help/information.

I am not preaching, and I know you didn't mean to call yourself one.

When I first saw your original post, I was searching for about 40 minutes for the letter you needed, but there were so many posts that my eyes got blurry and I started to think my credit was good.

I too am glad someone posted the letter.

Good luck....