received response to nutcase on paid collection. Essentially, they say 1) you paid in 1999, 2) the ss# on the account matches your credit report and 3) you didn't request validation during the 30-day validation period or anytime before you settled. Interesting and perhaps important point here... they never sent me a letter with a validation notice (at the time I had no idea they were supposed to)- I just settled with them on the phone. They also indicate that they are trying to get a copy of the application from the original creditor. My question: if they do not send something with my signature or the other info i requested in the nutcase should i keep at them about removing the account OR are my hands tied (legally) since it is already settled? Essentially-- what is my next step with this...
Kit, your hands are tied period. They have no obligation to provide validation for fully paid accounts. The object of the nutcase sequence is to hound them to death -- there's no federal law protecting them against you. However, please make no mistake: you probably have no real legal ground whatsoever. There's a series of letters to use (nutcase 1, son of nutcase, etc.). Here's a link to a posting with other links -- the letter sequence, testimonials, philosophy, variants, etc.: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=163385#post163385 As for a direct answer to your question: YES, keep it up. Send the next letter. Hound them. They'll hopefully tire of you eventually, fear that you are a litigious nutcase who will cause trouble, and then delete the tradeline so you'll go away. It worked for me several times and for others as well. Good luck to you. Doc P.S. I also like Kirby's suggestions in that same thread (above). Different approach but apparently very effective. Moral of the story: don't stop until they buckle. P.P.S. Yet ANOTHER approach to tackling fully-paid creditors is provided by Bill Bauer at Creditwrench.com -- click the discussion board link. Even though Bill is a paid consultant, he does provide that letter for free, so check that out here: http://pub50.ezboard.com/fcreditwrenchfrm2.showMessage?topicID=22.topic
Yes, this is what i figured... i understand the logic and was in hopes of a quick deletion. when it didn't come off the week or two after they received the letter i figured they just threw the letter in the trash. However, i am still hopeful that the fact that they responded at all and are requesting the signed application is an indication that I got their attention. maybe i will be getting a deletion sooner rather than later... who knows.
Depending on *when* the initial correspondence sans debt collection miranda was sent he may have very good legal grounds....ie, if it was within the SOL bring a fdcpa action. Even if it wasn't, he could bring one in small claims and wait for them to raise the defense.
