My Repair Starts...

Discussion in 'Credit Talk' started by Theossie, Oct 27, 2003.

  1. Theossie

    Theossie Well-Known Member

    Re: Re: My Repair Starts...

    I'm kinda confused at whether you are saying that I should still send them a validation letter, or that it's not gonna work since I've paid NCO a few times..

    I haven't claim anything in writing, only tried to settle.. so I could just say I was just paying to clear my credit, but I now feel that I should validate it before I go any further right?
     
  2. Theossie

    Theossie Well-Known Member

    Re: Re: My Repair Starts...

    ..
     
  3. Theossie

    Theossie Well-Known Member

    Re: Re: My Repair Starts...

    <bump>
     
  4. kyle1979

    kyle1979 Well-Known Member

    Re: Re: My Repair Starts...

    I'd try validation, that's what I'm saying. I don't see any reason why it would be more unlikely to work given your situation than for anybody else. If I'm wrong, hopefully an old-timer will chime in and shut me down :)
     
  5. Theossie

    Theossie Well-Known Member

    Re: Re: My Repair Starts...

    great... now as much as I've been reading.. one thing I'm not getting is whether I need to send my letters to the CAs or not... Like in this case..

    NCO is the CA for my JCPenney account.. I've been paying them and my CR shows Open/Current, was a charge off. then Charge Off as of 9-2003 in Account History... but NCO's address isn't on my CR..

    Which do I send letter's to.. do I (should I) send to both?

    It's the same with Mitchell N. Kay.. their trying to collecting.. Fingerhut shows on my CR.. and hasn't been updated for the last year..
     
  6. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: My Repair Starts...

    Forget the OCs send the validation letters to the CAs.
     
  7. Theossie

    Theossie Well-Known Member

  8. Theossie

    Theossie Well-Known Member

    Re: Re: Re: My Repair Starts...

    By the way.. My EX score went up 8 points today.. only change I see is my inquiries went from 2 in the last 6 months to 1.. so I'm at 557... still at good but better than 546 nine days ago.. Hopely I get big gains if I'm able to get derogs removed, since I got that for nothing...
     
  9. Theossie

    Theossie Well-Known Member

    Re: Re: Re: My Repair Starts...

    <bump>
     
  10. kyle1979

    kyle1979 Well-Known Member

    Re: Re: Re: My Repair Starts...

    Again, I haven't been doing this long, but if I'm wrong hopefully someone will squash me. If it were me, I wouldn't send the letter for which you posted a link. There are several reasons for this:

    1: This is a form letter. All the Ca's probably get hundreds of letters a year nearly exactly like this one.

    2:It uses a lot of complex, legalistic jargon.

    3:It gives the Ca too much information.

    Your goal with validation should be to establish a paper trail that will in the future lead to a successful legal suit. Whether you ever actually sue is somewhat irrelevant, as what you really need is enough of a case to make the ca want to cave in to your demands, as they would be out significant legal fees fighting a legitimate lawsuit. Your best strategy in building your case is for the ca to never see you coming. You have just as many rights under the law, sending the letter you listed, as you would if you sent a letter that said "My name is _____, and I believe that account#_____ is being reported in error to the cra's, please correct this situation and send me any documents that you might have that make you think this debt is being reported correctly."
    The advantage of the second letter is that is more likely to end up in the trash, which is what you want. Your goal is really to write the most normal letter you can, so that the CA will pitch it. The last thing you want is for the CA to think "uh oh, this guy means business, I better follow the letter of the law so this wacko doesn't sue us." Sound like a wacko when you send your ITS, after you have a case. I hope this helped.
     
  11. Theossie

    Theossie Well-Known Member

    Re: Re: Re: My Repair Starts...

    Ok it this cool...

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    Date


    Collection Company Name
    Collection Company Address
    Collection Company City State and Zip Code


    Reference account number

    Dear Sirs:

    I believe that account#_____ is being reported in error to the cra's. I request that you investigate this matter and provide me with the following:

    A legible copy of the original signed agreement for this account, which should show my personal information, as well as my signature

    Name and contact information of the original creditor, if this account was transferred or purchased

    Any other documentation verifying the account is, in fact, mine
    If you cannot or will not provide me this information, then I formally request you send me a letter stating that this account does not belong to me and that it will be removed from my credit reports.

    Until this matter is cleared up, I firmly request that you stop reporting this account altogether.

    Please give this matter your prompt attention.



    Sincerely,

    Your name here
    Your current address
    Social Security Number
    Year of birth
    Your phone number if you desire

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    Or I'm I saying to much...
     
  12. Theossie

    Theossie Well-Known Member

    Re: Re: Re: My Repair Starts...

    <bump>
     
  13. kyle1979

    kyle1979 Well-Known Member

    Re: Re: Re: My Repair Starts...

    Theo, sorry to have taken awhile on this, been pretty busy, here goes:

    I think the start of your letter is great.

    Date


    Collection Company Name
    Collection Company Address
    Collection Company City State and Zip Code


    Reference account number

    Dear Sirs:

    I believe that account#_____ is being reported in error to the cra's.

    After that, there are a few changes that I would make.
    -Don't use the word investigate. Investigate is a technical term, and has a very active connotation to it. I might instead ask them to "look into" the matter.
    -Instead of requesting a laundry list of specific information, ask them to provide "any documents or papers you might have that relate to my account." If you ask for specific items, and use terms like "original creditor," you're tipping them off to the fact that you know what you're doing. Remember, the goal is for this letter to get trashed, you don't want to give them any hint that you know anything about credit repair.
    -I would ditch the part about asking them to stop reporting it altogether. They are not obligated to stop reporting it, and again, this underscores that you are trying to fix your credit. Don't ask them to do anything, really, except to send you documents that validate the debt. Everyhting else that they are required to do, like reporting that the account is in dispute, is their obligation. Don't help the enemy, they should know better, and if they don't, too bad for them.
    -Lastly, DO NOT PUT ANY PERSONAL INFO LIKE YOUR ADDRRESS, OR, GOD FORBID, YOUR SOCIAL SECURITY NUMBER ON THE LETTER. You are not obligated to, and this information could help them.

    I hope this has been helpful.
     
  14. IwantBlue

    IwantBlue Active Member

    Re: Re: Re: My Repair Starts...

    Date


    Collection Company Name
    Collection Company Address
    Collection Company City State and Zip Code


    Reference account number

    Dear Sirs:

    I believe that account#_____ is being reported in error to the cra's. I request that you look into this matter and provide me with any documents or papers you might have that relate to my account.

    Please give this matter your prompt attention.


    Sincerely,



    Name

    `````````````````````

    So that's all I say??
     
  15. IwantBlue

    IwantBlue Active Member

    Re: Re: Re: My Repair Starts...

    by the way this is Theossie.. which is my name so I changed Ids..
     
  16. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Re: My Repair Starts...

     
  17. Hedwig

    Hedwig Well-Known Member

    Re: Re: Re: Re: My Repair Starts...

    DON'T use those letters. Yours was fine, except I might say "my ALLEGED account."

    For the reason not to use at least the second of lbrown59's letters, read this post. Based on the information in this post, I wouldn't use either. Why let them know everything you know? Just a simple letter like you did is great.
     
  18. kyle1979

    kyle1979 Well-Known Member

    Re: Re: Re: Re: My Repair Starts...

    I agree hedwig, simple's the way to go.
     
  19. kyle1979

    kyle1979 Well-Known Member

    Re: Re: Re: Re: My Repair Starts...

    Also, sorry about the use of the word "my," that definitely could come back to get you, nice catch.
     
  20. Butch

    Butch Well-Known Member

    Re: Re: Re: Re: Re: My Repair Starts...

    I still can't figure out why Brownie insists on using that preposterous Estoppel letter WITHOUT CHANGES.

    He won't tell me.

    :(
     

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