Next step to remove paid collection

Discussion in 'Credit Talk' started by QUEEN_BEE, Jun 6, 2002.


    QUEEN_BEE Well-Known Member

    I sent a validation letter to a CA for a paid collection. They are reporting it paid even though I paid the OC, not them. This is what I wrote:

    To whom it may concern:

    This letter is being sent to you in response to a listing on my credit report. This is a notice that your claim is disputed.

    This is a request for a validation: competent evidence that I have some contractual obligation to pay you, made pursuant to the Fair Debt Collection Practices Act.

    Documents required for complete validation:

    ·Complete and itemized evidence indicating any and all services rendered by your client, along with the associated charges, for which you claim I am liable, as well as proof from your client that such services were actually rendered to me
    ·A copy of the contract, bearing my signature, wherein I have agreed to pay for such services
    ·An itemized accounting of the alleged debt after it was turned over to Stallings Financial Group Inc for collection efforts
    ·The assignment or purchase agreement for the alleged debt between (name of CA) and (name if OC).

    Please be advised that any further attempt to collect this debt, without first providing the required validation, is a violation of the Fair Debt Collection Practices Act 15 USC § 1692g(b). Additionally, any demands for payment made through the United States Mail System, without first providing the required validation, may also constitute mail fraud under federal law (18 USC § 1341).

    Further, if you do not respond, or are unable to validate this debt, within 30 days of your receipt of this letter all, references to this account must be completely removed that have been placed with a Consumer Reporting Agency, as defined by 15 USC § 1681a(f). Failure to do so represents violation of the Fair Credit Reporting Act 15 USC § 1681s-2(a)(1).

    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.


    They promptly replied with a letter on their letterhead, stating my ssn, the original balance, current balance $0, OC name, date that the account was listed with them, date the debt was incurred on, and the present status (which is paid).

    Should I send an intent to sue letter or the nutcase letter next? Any other suggestions?

    QUEEN_BEE Well-Known Member

    There is more to this story. Lightyears ago, another CA was trying to collect this account. I sent them a validation letter, They sent me a computer printout, which happens to be an itemized statement from the OC. They never sent anything else.

    I later found out that the first CA and the one that I am battling now are the same company, same address, same phone number...

    Please help me get rid of them. I also have another medical collection with the same CA, different OC, that I have not sent a validation letter for. They are reporting on my CR, and I have never gotten a letter for that debt.

    Please advise.
  3. uniondiva

    uniondiva Well-Known Member


    I would be moving to lawsuit land, if it were me. if you have sent request for validation, I would move quickly to sending a strongly worded second request and then in two weeks an intent to sue, with a copy of a small claims form filled out (but not filed). You have them on violations anyway.

    QUEEN_BEE Well-Known Member

    I need to list the violations, HELP NEEDED.

    -improper validation (Wollman)
    -collection attempts after request for validation received but not fulfilled
    -I know there's something in here about deceptive practices (one company, multiple names...)

    What else can we come up with?
  5. Butch

    Butch Well-Known Member


    Here is where I'm a little confused.

    There must be some difference in the way to handle a paid collection as opposed to one that is not paid. The letter sent by Love seems to be for an unpaid account.

    According to the prevailing wind on this board there is no difference in the way to request val. from a paid collection as opposed to one that has not been paid. There HAS to be a difference.

    Some have said use the nutcase series. But I don't want to act like a nutcase and hope for the best. I want to be right and win my case.


    My question is; what keeps the CA from asserting that "it's obvious you owed the debt because you paid it". We have a paid account, which I would love to figure out how to approach to run them through the Val. Process. As soon as we got a collection notice I promptly called them and paid from my CC. (before Creditnet). They had not yet reported to the CRA. The girl promised they would not report it if I paid immediately, which I did. 1 month later they did report.

    Love, you said: "This is a request for a validation: competent evidence that I have some contractual obligation to pay you,"

    But you already admitted it's a paid account.

    Also, according to your letter you want the CA to stop collection activity. How is there collection activity on a PAID account?

    Please Advise,

    QUEEN_BEE Well-Known Member

    Ok, I admit my letter was wack, lol. What would you have written?

    My only hope it seems is that they may be in violation for never giving me the opportunity to dispute the account before putting it on my credit report. I read something about that in another post.

    Whadya think?
  7. DanceRat

    DanceRat Well-Known Member

  8. Butch

    Butch Well-Known Member

    Well we'll get through it, that's what I think. :)

    With all the talent around here we'll get the answer.

    Let me know if you find Dancerat's link. She didn't leave one.

  9. Butch

    Butch Well-Known Member

    woops lol
  10. Butch

    Butch Well-Known Member

    DanceRat, Have you attempted to remove a paid collection that did not work?

    Or are you batting 1000?

  11. Butch

    Butch Well-Known Member

    Let me put it this way;

    If an account is sent to collections in Sept., paid in full in Oct., and THEN reported in Nov., aside from the fact that it may not be fair but is it legal?

    The CA told me to dispute as Paid Prior To Collections" which is not technically true.

    Or is it?

  12. DanceRat

    DanceRat Well-Known Member

    So far I am batting .1000 on 4 - OSI, Credit Protections, AL Gordon Associates and one from the State of Oregon.

    I have one from Capital Credit that I haven't tried to get rid of because I am concentrating on Providian (120 + late) and it's dropping off anyway in July or August. Too much trouble to deal with when it's going away anyway... I pick my fights.

    (yes, I put the link in when I figured I could at least point you in the way of what I was talking about)

    I wish I could come up with a great way to get rid of lates.
  13. Butch

    Butch Well-Known Member

    Thanx DR,

    OSI is driving me nutz. Would you share the letters you sent to them? I figure if it worked for you it'll work for me too.

    My email is on.


    QUEEN_BEE Well-Known Member

    Darn, how did I miss that post? (I have slow friggin dialup, I get impatient, lol). Thank you. You guys are wonderful. I will definitely be putting your tactics and advise to GOOD use!
  15. DanceRat

    DanceRat Well-Known Member

    Sure, all that I ask is that you of course change the wording a bit, I will use the worst case scenario one I had which was Credit Protections.

    Letter 1

    Date, 2002

    Credit Protections Association
    1355 Noel Rd Suite 2100
    Dallas, TX 75240

    RE: XXXX

    To Whom It May Concern:

    I recently ordered copies of my credit reports from several agencies to make sure that my credit record was complete and accurately recorded. An account you are currently reporting for over xxx was actually for xxx and in addition, was paid in full on ___. I have enclosed a copy of the receipt I received at the time of payment from the original creditor showing a beginning balance of xxx and an ending balance of zero after a payment of xxxx.

    Incorrect reporting is in direct violation of the Fair Credit Reporting Act and the Fair Debt Collection Practices Act.

    Your responsibilities to consumers are very clearly outlined in these codes.

    You have had over two years to correct or update this information and have not done so, showing gross negligence and affecting my credit rating adversely. Thereby pursuant to Title 15 Section 1681 of the US Code, I ask that you rectify the situation immediately by requesting the full deletion of all information regarding the account in question to all consumer reporting agencies that you file with or report to.

    Further correspondence should be sent in writing to the address below.



    cc: BBB in their area

    Letter 2

    March 29, 2002

    Credit Protections Association
    1355 Noel Rd Suite 2100
    Dallas, TX 75240
    FAX: 972-726-7557

    RE: xxxxx

    To Whom It May Concern:

    I sent a letter and a copy of my â??paid in fullâ? receipt to your agency on Date, 2002 to request a deletion of an item on my credit report which you have incorrectly reported for over xx years now.

    Not only have I not received anything from your agency stating that you will correct or delete the information in the 30 days since you received the original letter, but I also checked an online dispute of this item with a credit reporting agency today and you re-verified the incorrect amount after receiving proof of the correct information from me.

    I again cite 15 U.S.C. § 1681s-2 on your duties as a furnisher of information. I have a copy of my receipt from the creditor for this account and it in no way reflects the amount you are reporting.

    I am requesting that you notify all credit bureaus you report to that this account is â??disputedâ? or that you delete this account until this matter is resolved. This is required by the Fair Credit Reporting Act.

    You have 5 days from the receipt of this letter to rectify the matter. If you do not abide by the law, I will forward all evidence of this, including letters and receipt to the Attorney Generalâ??s office in both Oregon and Texas, the Division of Finance and Corporate Securities in Oregon as well as the Federal Trade Commission.



    Credit Protection Association, L.P.
    800 Hingham #200.N.
    Rockland MA 02370
    Sue Gilbert Executive Administrator


    Dear Ms. Gilbert,

    I have tried unsuccessfully since the end of February to straighten out an incorrect item reported on my credit report with your agency/branch in Texas. I enclose copies of both pieces of correspondence with your agency and also a copy of my credit report showing the incorrect information verified AGAIN after they received a copy of my receipt (copy of tradeline that could be from anywhere, again, they do not know which CRA this is).

    This is adversely affecting my credit and at this point, I have composed letters to the Attorney Generals in both our states, the Division of Finance and Corporate Securities in my state that allows you to collect here, and the Better Business Bureau in the state you are licensed in. According to the BBB, it helps to contact the parent company of the division you are filing a complaint against or are wishing to pursue legal matters with, therefore I am writing you as a last resort in hopes that I can resolve this without litigation.

    This has been a very frustrating endeavor. I did pay the debt and all I am asking is that because it is incorrectly reported, and that apparently it can be reported correctly even though I have requested this numerous times, that the tradeline be deleted. Your office has not responded to any of my letters, and has not placed my account in dispute, either negligently or willfully ignoring my rights due to me pursuant to the FCRA. I am truly wanting to clear this item up in a timely manner, and do not want to go to litigation. Surely you can understand how truly maddening this all is.

    I am asking that you please review all the attached material, contact the CRAs you report to and request deletion of this account and fax proof of this to me in order to have fair resolution.

    You can reach me at:

    Phone Number
    Fax Number

    cc: Office of the Attorney General
    Division of Securities and Finance
    Better Business Bureau


    This was the worst one and took like two months to get off, but it was finally done. You want the proof of deletion or a letter of some sort stating they are requesting it done because since the CA is requesting it, you still sometimes have to fight with the CRAs to get it off, but that is another story. And you really need to file with the BBB and the AG in their state.
  16. DanceRat

    DanceRat Well-Known Member

    As a sidenote.
    The incorrect reporting can be anything, it can be the amount, it can be the date paid, it can be the name, it can be ANYTHING. If it isn't EXACTLY being reported the same as according to what you have in your records, it's incorrect. Case closed.

    If it's paid, they cannot pull a report to check where it's being incorrectly reported. Impermissible purpose - 1000.00. You have to use this as leverage. It's being incorrectly reported, you say... ("But where?", they are wondering and scratching their heads..., "we can't check it, I guess we will just have to delete it or go to court," now what would you do? Delete a paid collection or go to court over a case that according to the plaintiff has evidence that you are wrong - and you can't check.)

    Also, I wrote all of my correspondence with the idea that I would have to take this before the judge, so I put everything in professional language and made it look as though I was really trying to work this out to every level BEFORE going to court. So that when I went to court to get them on violations of the FCRA I would have major amounts of paperwork - "Look, your honor, I tried to work this out for WEEKS and they would not work with me..."
  17. gib

    gib Well-Known Member

    Here's a letter based on Bill Bauer's estoppel letter:


    John Doe
    123 Any Street
    Your Town, Fl 00000-0000

    Dewey Scruem Collections
    86 Chump St.
    Byteme, OH 00000-0000

    Re: Acct. #

    Dear Bloodsuckers,

    This is my last attempt to settle the matter of how you are reporting the above mentioned account. My dealings with you on this matter have all been above board and I have acted in good faith. Your company on the other hand has avoided my best interests and have acted illegally in this matter. If the mentioned account is not DELETED from my credit files at all three of the major credit reporting agencies, I shall be forced to seek relief in Civil Court.

    In case you are not familiar with it, let me give you a quick lesson on the Doctrine of Estoppel and how it applies to you. A claim of estoppel is predicated on 3 elements. 1)The party against whom estoppel is claimed (you) must do or say something calculated or intended to induce another party (me) to believe that certain facts exists and to act on that belief; 2)and the other party must change is position in reliance on those facts, 3) thereby incurring some injury.

    Your company contacted me about the above mentioned account. I was in fact never notified in writing of my right to request validation of this account as per the Fair Debt Collection Practices Act [15 USC 1692g]. Your representative also stated that if I settled this debt your company would update my files with the credit reporting agencies. I, as any average consumer may, interpreted that to mean you would be removing this item. By making this statement, and by avoiding informing me of my right to validation influenced me to pay this debt without first disputing it. Then you did in fact report it as a PAID COLLECTION, which has caused injury to me in the form of a damaged credit file. This has caused me diminished capacity to obtain credit and also has resulted in having to pay higher interest rates than I would otherwise have had to have paid when credit was extended.

    Unless the derogatory, and defamatory remarks are not removed from my credit files with all three major credit reporting agencies within 15 days of receipt of this letter I shall file a civil suit against you in Federal Court seeking a jury trial. Please do not insult my intelligence by telling me this will take 60-90 days to correct. I am well aware that you can, by fax, transmit a UDF to the credit bureaus to expedite the correction.

    If you have any contractual agreement with the credit bureaus that would supposedly keep you from complying with these terms, please be aware that any contract or clause that attempts to enforce an illegal act is in fact unconscionable and therefore null and void (U.C.C. 2-302). Any such contract with them will not shield you in court from willful violations of my rights under the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and the rights afforded to me by the Doctrine of Estoppel.

    While I have actionable claims I could persue against you for violations of the FDCPA and FCRA (U.S. 9th Cir. Ct. of Appeals Nelson v Chase, March 3, 2002) my pending suit against you will be about the damage you have caused me after I have dealt in good faith with your company. I will file separately in small claims court for your FCRA and FDCPA violations. Correct this matter immediately or be prepared to defend these matters in court.


    Hope it helps.
  18. DanceRat

    DanceRat Well-Known Member

    Okay, here is my take on that and the nutcase letter which I am sure are both good posturing letters, but I wanted something that I could take to court down the road and win with. If you read both the nutcase and the Bauer letter, any judge would (maybe) laugh you out of court. I mean, would you really show up to court stating that you wanted the collection to not show as paid just because you thought that the CSR told you something different? I was going after inaccurate reporting and violations of duties of furnishers of information which is something that WILL stand up in court.
  19. Butch

    Butch Well-Known Member

    Brilliant, thanx DR. :)~
  20. jobtimer

    jobtimer Well-Known Member

    Hello DanceRat and every on this board,

    First let me say, I think this is the best board I have stumbled upon ever, why?
    Because everyone is helping everyone. This board allows the consumer to be back in control of there credit and to finally get back at those maggot poop CA's OC's and CRA's.

    Thank you everyone keep up the great work

    One quick question

    Does the rule that they are not allowed to pull your credit report once paid apply to OC's that have transferred there account to some else.

    I had a sears and Exxon both transferred or sold then I paid the CA but sears and Exxon are still showing r9 with transfer , Can I write them telling them that there are reporting wrong information and can they check my credit reports . Also how hard is it to Get sears of your credit report if the account has been transferred, and paid after charge off. The account is 4 years old. How hard is it to get exxon/mbga off after the account has been transferred or sold? The account is 5 years old.

    Thank you so very much.

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