Ltr to CRA - need feedback plz.

Discussion in 'Credit Talk' started by KeepSmilin, Sep 8, 2003.

  1. KeepSmilin

    KeepSmilin Member

    Okay, I'm trying to get an OC coll off of my credit report. I'm not sure if this letter is worded properly or if this is the proper step. IMO I tried to dispute with the OC 4 x's and all they kept doing was sending me a coll notice. Any feed back from any of you would be helpful if this is the next step I should follow. Thanks in advance!

    TO: Experian


    September 6, 2003

    RE: Account #xxxxx
    Original Creditorâ??s Name: City of xx

    To whom it may concern:

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

    City of xx
    Account #xx

    On March 20, 2002, I requested by phone to a Ms. C in the collections department, collection supervisor, in the Office of the City Treasurer in xx, xx, a hearing on my behalf regarding the validity of this alleged debt. I also followed up with a letter.

    On October 22, 2002, the Office of the City Treasurer, Collection Division for City of xx again, received a demand for validation from me. Attached is a copy of that letter. As of today, September 6, 2003, they have failed to provide proof.

    In response, I received a second notice from their collection investigator. I did not receive a validation of the alleged debt.

    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 18 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,

    my name
    Enclosure: Demand for Validation to Collection Investigator dated 10/22/02
    Second Notice from City Treasurer dated 11/12/02
    Copy of Dispute to Credit Data Southwest dated 12/2/02
    Letter to FTC dated 12/4/02
    Copy of report# xxxxxxxxxx Experian Correction Summary showing credit item remains dated 1/1/03
     

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