I have a collection agengy who is on my credit report, Basically what happend is this.. I lived in another city, and had cable. I moved so i canceled the service, and returned the cable box etc. The cable company was sold... somwhere along the line they have that the equiptment was not returned. Which it was! So now I have a collection agency on my credit report for 300+ $, and i dont want to pay it, and i want the negative removed. What do I do? Im pretty new here so all help is apreciated no matter how basic it may seem to you.
Re: Negative number 1 -help get rem I would start by sending a Validation letter to the CA. Send it by CRRR. As soon as you get the green card back - dispute it on any CRA it appears on.
Re: Re: Negative number 1 -help get rem Here is the Validation Letter you want to send by CRRR. Don't make any changes on it and don't hand sign it. Your Name Address City State Zip Company Address City State Zip Date RE: Account #_________/Original Creditorâ??s Name Dear Sir/Madame: Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is being disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form. Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you. You should also be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me. Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees. Sincerely, Your Name don't sign - - - Include the following on a separate sheet of paper - - - CREDITOR DISCLOSURE STATEMENT Name and Address of Collector (assignee): _________________________ Name and Address of Debtor: ____________________________________ Account Number(s): ____________________________________________ What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms. Have any insurance claims been made by any creditor or assignee regarding this account? YES/NO Has the purported balanced of this account been used in any tax deduction claim? YES/NO Please list the particular products or services sold by the collector to the debtor and the dollar amount of each: Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein and pay debtor for all costs and attorney fees involved in defending this collection action. ________________________________ Authorized signature for Collector Date_______/_______/_______ Please return this completed form and attach all assignment or other transfer agreements that would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ Send this letter next if you don't get validation in 30 days. Estoppel Letter DON'T CHANGE Send CRRR Your Name Address «City», «State» «Zip» Company» Address «City», «State» «Zip» «Date» RE: Dispute Letter of <insert date> Dear Sir/Madame: As I have not heard back from you in over 30 days regarding my notice of dispute dated <insert date>, and you have not supplied the demanded proof of the alleged debt, under the doctrine of estoppel by silence, Engelhardt v Gravens (Mo) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists. In a good faith effort to resolve this matter amicably, I restate my demand for proof of the debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such proof, you must terminate this collection action and correct any erroneous reports of this debt as mine. For the record, I state again that as I have no account with you, nor am I your customer, nor have I entered into a contract with you, I must ask for the following information: Please evidence your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter. What is your authorization of law for your collection of information? What is your authorization of law for your collection of this alleged debt? Please evidence your authorization to do business or operate in the state of ____________________ . Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature. You have fifteen (15) days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter(s) in error, and that this matter is permanently closed. Your continued silence is unacceptable. Either provide the proof or correct the record to remove the invalid debt from my credit files with the three primary credit-reporting agencies. You are currently in violation of the Fair Credit Reporting Act and the Fair Debt Collection Act. Failure to respond within 15 days of receipt of this registered letter will result in a small claims action against your company. I will be seeking $____________ in damages for the following: Defamation Negligent Enablement of Identity Fraud Violation of the Fair Credit Reporting Act After obtaining the judgment against your company, I will obtain a Writ of Execution from the Sheriffâ??s office in your county and I will begin the process of attaching property or funds to satisfy the judgment. For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status. I affirm under penalty of perjury under the Laws of the Land for the United States of America, that the foregoing is true and correct, to the best of my knowledge and belief. Sincerely, Your Name DON'T SIGN
Re: Re: Negative number 1 -help get Excellent letters- I used a very similar one on a $968 cell phone Collection account showing on all three reports. I customized it a bit to fit the circumstances and you might want to do that. Its certainly NOT necessary- but I got that negative off all 3 reports -- EVEN Evil Experian. * State Licensing You didn't mention your state- but if your state (like Texas) requires CA to be licensed (in Tx I think they have to put up a $10,000 bond) I requested that they provide proof that they have authority to collect the debt in the state of Texas * State Regulations/Laws In addition to quoting federal laws, I quote the Texas Financial quote which pretty much mirrors the FCRA/ FDCPA. On my second validation, I get VERY aggressive, more so than the letter above. Quite frankly - I don't want to have to go to court. Alot of members here count violations of the law so as to sue. I don't have alot of free time so documenting and following up is alot more difficult-- I Just want the negatives gone and dont care how. In the 2nd letter, I quote more law, count the days since last letter. I usually wait longer than the 30 days-- so I can use that in the letter. You know "legally you were required to validate in 30 days, I have waited for 45 days'... you are in willfull non-compliance. I copy that second letter to the FTC, Better Business Bureau, the Attorney General and the TX Office of Consumer Credit Commissioner and whoever I can think of. OK- those agencies probably don't give a fig about my letters - but it shows the CA that I am a wacko. lol. Hope this helps.
Re: Re: Re: Negative number 1 -help get Keep in mind that the 30 days only applies because of TX's state FDCPA... You'ld have to check your own state FDCPA to make sure that they are explicitly required under your states law to reply back in under 30 days.
Re: Re: Re: Negative number 1 -help True, but doesn't the Federal FDCPA/FCRA give 30 days for validation? It's been a while since I've read any part of it, but I was under that impression. If not- I'm glad about Texas filling in the blanks.
Re: Re: Re: Re: Negative number 1 - Thank you Lbrown! I have to refresh myself on the FDCPA (oh how fun) as I must have confused it with the Texas Fin Code. I'm glad I'm a Texan at this point. LOL
Re: Re: Re: Re: Negative number 1 - The only thing that validation does is prevents them from COLLECTING until after they provide the validation. This is where the 30 days for verification can be forces onto the verification, if you request verification right after they sign for the validation letter, they can't verify before validating without breaking the FDCPA's validation of debts prohibition on collecting activities... But its not really putting the 30 days on the validation itself, just blocking the verification if they can't validate within that time-frame.
Re: Re: Re: Re: Negative number 1 - I did alittle reading last night... and yep, I'm thinking of the Texas rules. I still need to refresh myself on the FDCPA now. Texas is far more specific. Tx Fin Code 392.202 "not later than 30th day of the notice of inaccuracy is received' - has to send written notice denying, admitting (have to correct in 5 days) or stating that they have not had enough time (which while requesting more time - they have to correct the CRA listing to wha the individual requests". There's more but you get the point. So I guess with Texas residents you get a certain amount of additional protection.
