Paid account deletion.

Discussion in 'Credit Talk' started by gib, Apr 28, 2002.

  1. gib

    gib Well-Known Member

    I had a paid collection from a radiologist from last year sitting on my report. The CA wrote me they were deleting. Here's the letter I used:

    April 24, 2002

    Collection Bureau
    123 Any St.
    Leech City 12345-6789

    My Name
    My Street address
    My Town

    Re: Paid Radiologist Account

    To Whom it may concern,

    I am dismayed that your company is continuing to report the above mentioned account. I paid it with the understanding that the negative tradeline was to be removed from my credit files. I would like to point out that I first became aware of this account when I pulled a credit report. Your company violated the FDCPA (15 USC 1692g) by not informing me of my rights (mini-miranda) within 5 days of first communication of this account. Communication is defined in 15 USC 1692a: "The trm "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium."

    Not only do you continue to report this item, but you are also reporting it inaccurately. Since I was never informed of my rights to dispute all or any portion of this debt, I shall do so now. Since you are required by federal law to report only accurate information to Credit Reporting agencies, I request that you provide full validation of the account in question. By this I don't mean validation that you have my mailing address, or that this is being reported as you think accurate. What I am requesting is the following information:

    1. Please evidence your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter.
    2. What is your authorization of law for your collection of this alleged debt?
    3.Please evidence your authorization to do business or operate in the state of __________.
    4. Please evidence proof of the alleged debt, including specifically the alleged
    contract or other instrument bearing my signature.
    5. Any insurance claims made by any creditor regarding this account.
    6. A complete itemization of services and/or equipment provided.
    7. The amounts, if any charged to profit and loss by the original creditor.

    If the requested information cannot be provided, I insist that this negative trade line be removed from all major Credit Reporting Agencies. If it is not, please note that section 1681s-2(b) of the Fair Credit Reporting Act creates a cause of action for a consumer against a furnisher of erroneous credit information (Nelson v. Chase Manhattan). You have 30 days from receipt of this letter to comply. If my request is ignored, I will use any and all legal means at my disposal to correct this matter.

    Thank You,
    signature




    CA wrote that they sent out several letters and also spoke with my wife on four occasions. The deletion matter was not agreed to, but after speaking to manager, they would so now.

    Gib
     

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