looking like I'll have to sue a CA. I sent them a validation request, got no response. They updated my Transunion 1 time during the period and my Equifax 2 times. I sent them an ESTOPPEL stating they had 15 days to delete. I've had no response to it. I have 2 green cards signed by them and the certified mail slips. When the last day comes, how can I find out who to send a 'you have 4 hours to comply'-type letter to? Im going to report them to the AG here in texas as well since they arent bonded here. The secretary of state wants me to report them anyway. Would the CRA delete based on their lack of response to my validation requests? Should I use a lawyer? Im not the smartest fella in the world..I'd hate to lose just because I didnt have a quick witty answer for the judge. Will a lawyer take on my issue at that point even? I _want_ to sue them btw. The only reluctance I have is the time it takes to do it. Im lazy ;p hehe I always have so many questions.
I wrote this letter last year for just this purpose. It can be found in the letter section as validation 05. It worked for me and I believe it worked for a couple of other people. I don't guarantee it, but it's worth a shot. This is a request for debt validation from a credit bureau after the CRA has failed to respond to numerous validation requests. Send as certified mail, return receipt requested. «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»
looks good LKH..i've probably been over that letter 50 times and never realized its purpose. reading comprehension...i guess I need to take 5th grade over again ;p thanks again!
