Procedures request-- what counts?

Discussion in 'Credit Talk' started by Gai-jin, Oct 15, 2004.

  1. Gai-jin

    Gai-jin Well-Known Member

    I sent a procedures request to experian for a debt they claim to have verified twice. The CA involved has been unable to provide a copy of the returned check they claim I owe money for.

    The experian dispute was verified this time in under 2 days, and when I sent a procedures request they say I didn't send enough information. I called them about the letter, and they said all the info they can give me, even if I write in again, is that they verified it by contacting the CA electronically. They say since I have disputed it twice, they won't accept any further disputes.

    What can I do next?

    Gai-jin
     
  2. ontrack

    ontrack Well-Known Member

    The verification by the CRA removes the CA's possible defense that the CR entry was not their mistake.
    Do you think you have enough of a case to prevail against the CA? Is the CA trying to collect on a bad check, or does this involve a check, or phone check, paid to them while trying to collect on another account? What was the underlying debt, and was it yours?
     
  3. Gai-jin

    Gai-jin Well-Known Member

    The CA says this is a check written to a local grocery store, which has since gone out of business. It is absolutely possible, and not even unlikely, that this check really was returned unpaid. However, I'd like to see a copy of the check before I pay it, and know that I get the original check back when I do. This company can't even produce a copy.

    As for a case, I have CMRR receipts, and I'm sure I have the original word docs saved, I just have to find them on my backup cd. I'd really rather not take this to court if I can avoid it... after all, I'd feel pretty stupid if they showed up in court with a check which really was mine... However, this agency doesn't seem to care that they still haven't proven the debt, and yet continue to report it as being accurate. It's a local collection agency, as best as I can tell, which only handles local accounts.

    All advice appreciated,
    Gai-jin
     
  4. ontrack

    ontrack Well-Known Member

    If they show up in court with the check, just drop your case, or pay the amount due in exchange for the check.

    Proof that there is a legitimate debt is what you have been asking them for. If they haven't provided it, that is why you have had to go to court.

    If you don't get the check back, what is to stop the next CA from trying to collect on it again? How do you know they even have a right to collect on it, or haven't sold it to another CA, but are still trying to collect?
     
  5. ontrack

    ontrack Well-Known Member

    Have they provided you with a check number, date, and the name of the store, to check with your records?
     
  6. Gai-jin

    Gai-jin Well-Known Member

    it lists the name of the grocery store, and they did give an amount. I don't think I ever got a check number from them, and honestly even if I did, my records for that account are non-existant, as I haven't had it for some time.

    Is there no other option besides court on this? I've offered to pay it if they can prove it, I've disputed it with the bureaus unsuccessfully, they keep verifying it.

    Gai-jin
     
  7. Gai-jin

    Gai-jin Well-Known Member

    Grr... to top it off, just had another dispute 'verified'. I thougth this one would be easy. Originally had something from GSB, requested validation, never got a response. I disputed it with the bureau, and it was deleted. I pulled my report a month ago, and found that same debt on there, from AWA collections this time. I sent them the letter here which explains they've been sold a non-valid debt, then disputed it with the bureau, but it came back verified.

    This one is a debt which I owe at least part of, but refuse to ever pay, as about $4000 of the $5000 they're asking for are disputed charges.

    Gai-jin
     

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