My experian credit report was just updated. I disputed an item 5 weeks ago on an account not mine. The collection agency is American agencies. A few days after I disputed this debt with EX. I received a letter from American Agencies, stating they concducted a reasonable investigation and they will mark my account as disputed with the latest balance. I checked the status of the dispute with Ex. and it said this item was verified and updated. Which meant they wrote dispute on my CR. My score did go up by 17 points. But I want it off. Ive read all kinds of bad things on American agencies which I dont have enough room here to list all of there violations. Can someone give me some insight on what I need to do next....Thanks
You need to request validation from the CA. Since you believe the account is not yours, request information to establish that: Original creditor name and address Original account number Date account opened Name, address, SSN, DOB, used to open the account copy of signed contract by party opening the account copies of all statements address and date that last statement was sent to amount and date of last payment copy of last payment check date account went delinquent etc. Send your request CRRR.
Thanks, The letter the CA sent was no validation, they even asked me to SEND them any info on the account to help clear the matter up.
Include in your request that they are continuing to report an account that is not yours, that you have no information on this account, and that they should remove it promptly. Also demand full validation of the account as above. If you get no response in 30 days, or they just try to throw the ball back in your court by sending you a "fraud affidavit" but no information, file a complaint with your state's AG. This account could be a mistake, either by them, or the OC, or could be identity theft, but it is their responsibility to validate, and not yours to guess what an unknown account is.
Go ahead and send a validation letter to the CA. It sounds like they have nothing on you since they are asking you to help them prove you owe them And I am sure you know this, but don't send them squat beyond your validation demand.
FDCPA: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#805 �§ 807. False or misleading representations [15 USC 1692e] A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: ... (11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. ... �§ 809. Validation of debts [15 USC 1692g] (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. (c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
Re: Re: PROBLEMS with recent dispute ... we refer to it as the "mini-miranda" that must be included on communications from debt collectors attempting to collect a debt. From the FDCPA: ... The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.
Re: Re: PROBLEMS with recent dispute ... There was no mini miranda in this letter. The only reference they made to a collection agency was at the bottom of the letter......This has been sent to you by a debt collector or collection agency.
