IMC Indy is reporting an old coll. to EQ and EXP. $150.80. The CA says they cannot remove them, they can only show them as paid. A few questions. If these items are shown as paid, will it affect my score at all? The CA asked me, "why should we remove these items?" It made me think that they have done it before, but then she retreated into saying, "we can't falsify our reporting" or something like that. Do I have a shot at getting this removed with a settlement or goodwill adj. letter? Any suggestions? atye
That is bunk... Of course they can remove, they just have no motivation to do it.... Have you gone the validation route yet? And what was the DOLA??
atye first, don't talk to them on the phone anymore. You need to send them a validation letter - but before you send anything out, read, read, read the top posts and LEARN about CA's and validation letters. They have to give you proof that the debt is yours if they are reporting it.... Seriously, before you start making moves on this, make sure you understand what you're doing and why and the consequences... It will also help you to better understand the sequence of things.... IMO goodwills don't do squat with CAs... good luck!
Im in the same boat, I have a paid doctors bill, from a billing problem in 2001 , the doctors office said they have asked the CA to delete their listing but the CA says they will not remove it,, even though the origina lcreditor has asked them to.. you have to go through the validation process, letter after letter after letter, try these letters in this order, Nutcase, Estoppel, Intent to Sue. and as you send the intent to sue letter send this one as well to the CRA Make copies of your postal receipts and the letters you sent the CA with those receipts and send all of these copies to Experian with this letter: Company Address1 Address2 City, State Zip Date RE: Account XXXXX-XXXX-XXXXX Dear Sir/Madame: I am writing to dispute the account referenced above. I have disputed this account information as inaccurate with you, and you have come back to me and stated you were able to verify this debt. How is this possible? Under the laws of the FDCPA, I have contacted the collection agency myself and have been unable to get them to verify that this is indeed my debt. I enclose copies of my requests to the collection agency, asking them to validate my debts, and the receipts showing that I sent these letter certified signature request. This debt is not mine and I was given no evidence of my obligation to pay this debt to this collection agency. The FCRA requires you to verify the validity of the item within 30 days. If the validity cannot be verified, you are obligated by law to remove the item. There is a clear case of unverified debt here, and I urge you to remove this item before I am forced to take legal action. In the event that you can not verify the item pursuant to the FCRA, and you continue to list the disputed item on my credit report I will find it necessary to sue you for actual damages and declaratory relief under the FCRA. According to this regulation, I may sue you in any qualified state or federal court, including small claims court in my area. While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FCRA. I look forward to an uneventful resolution of this matter. Sincerely, Signature Your Name Your Address City, State Zip Enclosures
Thanks for the replies. The DOLA I'm not sure about. On the CR it says Date of Status 07-2002. TU isn't even reporting it. Obviously, I want to perform the most effective action available to me. I will not be calling them again. Thanks for the advice. As you can tell, I'm a real newbie. Thanks again, atye
Any ideas on my first question? If I pay the $150.80 and they report it paid on the CR, will my score go up?
NO, NO NO, do not pay, unless you negotiate in writing for a full deletion, by paying the debt it will re start the statute of limitation for date of last activity, a 150 dollar paid collection looks nearly as bad as a 10,000 unpaid collection, just send the letters,.i suggested above, believe me, once you send off some creatively worded letters, and make a few polite points that you can and will use the courts to your advantage. trust me most Collections collapse like a house of cards. they keep crappy records, and cannot validate anything, and most cra's are folding like poker players with the mention of violation because they know they hire incompetent help and they know they cannot account for what an employee of theirs may have said, or not said in a conversation that may or may not have been recorded by you. so they generally delete. sometimes you get a stubborn one, but with the proper time, and persistance theywill eventually fold..
After reading more I think I may have made a mistake on the phone with the CA. I basically admitted the debt was mine. What options do I have now?
did they say they were taping you? I'd play stupid and continue with validation.... be one with my ex - deny, deny, deny... lol
They did'nt say they were taping me. Should I go ahead with the ver. letter? I also have some very late pays (60, 90, 120) caused by Ameratrust Credit Counseling. (BIG MISTAKE) Maybe I should tackle those first?
It does not restart the SOL by making a payment on it. Also, I would have to disagree that CRA's and CA's are folding at the mention of violations, unless of course you have MANY violations (years worth). A lot of recent lawsuits have not been won (at least on this board) for whatever reason, in the beginning a lot CRA's and CA's folded because they didn't want the bad publicity or what have you, BUT now that everyone is suing for a few violations, they aren't backing down as easy. JMO
You don't lose anything by asking for validation. You still have the same options you have now; pay it, negotiate it, or ignore it. Realize a paid collection will hit your credit report just as hard as an unpaid one. If they won't change it to paid as agreed or unrated, you gain almost nothing by paying it.
wait a minute, is this a seperate issue? If this is about the same issue and ACC caused lates to the account you're trying to dispute - the answer is NO NO NO - by disputing lates, you are admitting the debt is yours. Your options go right out the window. If this is something different, I apologize, it wasn't real clear.
