I had 2 accts from 1996 on my credit report that truly are "not mine", I disputed and these came back verified and remain unchanged. I contacted the original creditor and they say they have no record of me owing these debts. So I sent a "validation letter" to the collection agency. They sent back a letter stating they are unable to locate the account numbers that I am inquiring about and to contact Experian for the full account numbers then call them back. I did this and called them back. They said on the phone they can't locate the information in the computer. Now what? to me it is obvious they can NOT validate the debt so now what? #2 problem: Our equifax is handled by a local CRA. When I disputed something with them, they sent me a letter saying "the collection accounts ABC & DFT companies have been verified to be in your name. If you have any questions you need to contact the collection agencies directly". Is this their JOB? Aren't I entitled to an investigation, not simply it's in your name, you handle it? Maybe I should file a lawsuit against them. I need info. Thanks Christi
Re: need expert advise here (M Oooh, this sounds like an easy lawsuit against the CRA and collection company. Fisrt, apply for a platinum credit card that uses the CRA in dispute (i.e Juniper will pull Equifax). Get denied and save your denial letter. Hopefully, it will say one reason being collection accounts on your report. At, the same time, have the collection company send you a letter stating that they have no record of an account belonging to you and that they have never verified a dispute from Equifax. The day you get that letter, sue Equifax for the max in small claims court $the credit line Juniper denied you for or the max for small claims in your town, whichever is greater) saying that they defamed your character, and did not follow the FCRA in investigating disputes. You'll get an immediate deletion, plus the claim probably for the max amount.
Re: need expert advise here (M Read about lizardking's small claims suit in some of his posts of today. If you don't want to sue yet, write a letter to the collection agency (search for validation letters on this site) but you should include the full account numbers. Send it certified return receipt. If they don't respond to your validation letters, then sue.
Re: need expert advise here (M Who would I sue or threaten to sue? All 3 CRA are reporting these collection accounts. Would I threaten to sue the collection agency? I am sending them one more certified letter tomorrow and telling them to prove or remove the information immediately. Who do I threathen them with? FTC? or Attorney General? If they in fact remove it, then I don't have to worry about the CRA's. My other problem is with this rinky dink local CRA that "owns" my equifax file and they simply say these accounts are verified to be in my name. Should i send them another cert letter and tell them to investigate or validate the debt? I think that is their job not mine and their letter specifically tells me if i have more problems to contact the collection agencies on my own. I thought that was up to them to validate what they report. not me? Thanks again folks christi
Re: need expert advise here (M Send the letters to the collection agency and request immediately that they send a UDF (Universal Data Form) to all 3 bureaus for immediate removal of all info. If I were you, I'd reference in your first letter that you've already spoken to them (the collection agency) and that they've verified they have no info. Jump to the chase. Compact all the val letters into 1 nasty one that says, 30 days as a courtesy, but remove it now. You know they don't have any info. With regards to the CRAs. Yes, you have them on a violation. You need to request proof of verification (IN writing) with the CRA that said they verified the debt. Then you really have them. When they send you proof... hahaha, you can file in small claims court for defamation et al. You can get a minimum of 1,000 per violation per the Fair Credit Reporting Act. And more to the point, when more people hold the CRAs accountable, we all win. Right now: 1. Send val letter w/demand for removal to collection agency. Fax it too if you can. 2. Request in writing the proof of verification from the CRAs that said they verified the debt. 3. Then you can send one last courtesy letter also to the CRAs stating that the collection agency has told you they have no info on the debt and that you immediately want the tradeline removed from your credit reports. THEN, wait your 30 days. If nobody responds and nothing is removed: you can sue them both in small claims court. If the collection agency says they're removing it and the CRA doesn't remove it you can sue the CRA Frankly, I'd wait for the verification letter from the CRA (the procedural description of how they supposedly verified a debt that the collection agency can't find) and they I'd sue the CRA for fun. Oh, the collection agency should be able to reference you (or not) by your name, ssn etc. They can't really require you to find the 'whole account number'. they're just being lazy. You're in their system or you're not. And even if they "find you" you already know that you don't have to deal w/them unless you choose to. You know the routine from reading these posts. Keep us updated.
Re: need expert advise here (M just reread your original post. In your next letter to the CRA, request procedural description and at the same time redispute the item (and include a copy of the collection letter stating they have no info on it). Oh, then you really do have the CRA. Maybe we should write a book: HOW TO PAY OFF YOUR DEBTS BY SUING THE CRAs. This could get profitable.
Thanks Marie Thanks Marie, you told me what I needed to know. Im busy typing now. They couldn't pull me up by SS #, I tried just for fun They said are you sure you don't have another name (i was married in the past) but i told them "even if i was my SS# didn't change" he said OH yeah...lol Christi
Re: Thanks Marie You've got them. Since they've admitted they have no proof, send the "validation1" letter posted on this board. Add in you've already confirmed w/xxx that they have no proof. You have to give them the 30 days by law... but I would really add at the end that you want it removed now. That it is causing you harms... etc etc. That past the 30 days it is then willful, wanton, and negligent flagrant erroneous reporting and that you will hold them liable to the fullest extent of the law. You get the idea. Fax it then mail it. You know you have to mail it certified, return receipt requested. You HAVE to have proof they received the letter. Oh, the worm has turned and it's carrying an AK47.
Re: Thanks Marie Hi Marie. Christi, I am at the very last part of this process. I have requested validation from collection agency and gotten NO response since Oct-with the exception that the collection agency has now inserted this into my TU report with the date as OCtober 2000-even though a report that I received about a month ago has no indication of this. They inserted after I requested validation! I have now sent 3 letters. Marie, the collection agency that I had referred to in my post a week or so ago signed for that letter March 2. I gave them 10 days. I have not heard a thing. So, can you post the final letter? Also, I must say that I haven't sent anything to TU-waiting for verification that this was in fact an older account from 1997ish that I had disputed with my insurance. Should I send TU all of my correspondence/green card signed receipts etc? Will they still investigate? I am seriously starting to consider a lawsuit here. And Christi, I strongly encourage you to pursue this fully.
Re: Thanks Marie Yes, you can start the TU dispute now. Not mine. Send copies of all the correspondence. Indicate as well that now the collection agency is trying to "reage" the account. Not only a violation of the FCRA but also a violation of their contract w/TU. Tell TU you want it off. Give them the 30 days. Might as well start the countdown now. If you've send the 2 Val letters to the collection agency you have all the proof you need. Did you already send the 3rd letter I posted? It's 2 above the VAl2 letter? Let me know and I'll do another letter for you and post it, if necessary. Get TU rolling now. If you have 2 letters to the collection agency and they haven't responded yet, start TU. If nobody responds, you will likely have to sue but you can do it in small claims court...
Re: Thanks Marie Re: need expert advise here (M Author: Christi (---.proxy.aol.com) Date: 03-13-01 14:36 Reply To Message===Don't give them the rest of the Nos.They must not have them is why they can't Val. Don't let them sucker you into putting the noose around your own neck!
Re: Thanks Marie Thanks Marie Author: Christi (---.proxy.aol.com) Date: 03-13-01 14:56 Thanks Marie, you told me what I needed to know. Im busy typing now. They couldn't pull me up by SS #, I tried just for fun They said are you sure you don't have another name (i was married in the past) but i told them "even if i was my SS# didn't change" he said OH yeah...lol Christi Reply To Message ========As I see it if the debt can't be linked to your S.S.# It'not yours!
Re: Thanks Marie Oh, the worm has turned and it's carrying an AK47. Reply To Message ============A lot of worms with heavy artilary needs to be turned loose on creditors,CRAs & Collectors:!
