I sent the following letter about a paid collection: Betacredit date 2002 Collection agency via facsimile transmittal RE: Account# XXXXXXXXX Dear Mr. idiot: Again, I am formally requesting that you validate all tradeline notations that you have submitted to the three major credit reporting agencies by XXXXXX for me, Betacredit, for account number XXXXXXX. I am receipt of your correspondence postmarked January 25, 2002. You state that the account â??in your opinion is reporting accuratelyâ?. However, it is not. I have contacted the alleged creditor, Sprint PCS. They state that the account is â??an open account and paying as agreed (R1). That is [Sprint PCSâ??s] â??understanding of the reporting.â? However, the credit reporting does not reflect the confirmed status by Spring PCS. Therefore, you are reporting incorrect information to the credit bureaus. If you do not cease reporting of the incorrect information, I will be forced to take further action. Please be advised that your blatant disregard and violations of the Fair Credit Reporting Act, Fair Debt Collection Practices Act and my rights as a consumer have caused harm to me by seriously affecting my otherwise unblemished credit rating and causing the denial of credit as well as causing me to be charged higher interest rates and unfavorable loan terms. I assume that you cannot validate this debt and therefore I am demanding that you cease any and all collection efforts associated with the above referenced account. You chose by doing business as a collection agency to maintain the highest possible records of accuracy and to maintain and collect valid debts. Iâ??m sure you are aware of the consequences in violating the Fair Credit Reporting Act and the Fair Debt Collection Practices Act as well as the multiple violations your company is now responsible for. As per the FDCPA: § 813. Civil liability [15 U.S.C. 1692k] (a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of -- (1) any actual damage sustained by such person as a result of such failure; (2) (A) in the case of any action by an individual, such additional damages as the court may allow As per the FCRA: § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n] (a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of (1) (A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000 § 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o] (a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of (1) any actual damages sustained by the consumer as a result of the failure; (2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court. As a brief summary I state the following: Your company has failed to send the legally required validation of this debt. You have been notified that your actions are detrimental to me and that your company has violated (including but not limited to) the Consumer Credit Protection Act, the Fair Credit Reporting Act, and the Fair Debt Collection Practices Act. Your company knew or should have known that the actions taken against me and the information collected about me was inappropriate and damaging to me. Failed to use reasonable care in the course of business and failed to use even minimal procedures to ensure that I was not harmed. Communicated and are continuing to communicate incorrect and defamatory information to third parties including but not limited to, Equifax, Experian, and Trans Union. As a result of these blatantly reckless, wanton, and intentional acts, I have suffered and continue to suffer general and specific damages. I am also very upset at your company's intentional infliction of emotional distress, other diminishments of the quality of my life and refusal to follow the law. Please understand that I am extremely concerned about the consequences of the actions your company is having on my life. Please be advised that, if this matter is not resolved by date, I will take any and all necessary steps to protect my rights. If you wish to resolve this matter, this will be your last opportunity to do so. The following item must be deleted from my credit files with the three major credit reporting bureaus (Equifax, Experian, Trans Union) within 5 days from the date of this letter or by date and you forward me a letter to me via facsimile xxxxxxxx and via regular U.S. mail stating it has been removed and will not reappear on my credit reports again. I will except nothing less. Please be aware if these accounts are not deleted by date, 2002, I will be filing a formal complaint with the Federal Trade Commission, The State of Florida Banking and Finance Bureau, and the Better Business Bureau. Also, 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). For the purposes of 15 U.S.C. 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. Thank you and I look forward to XXXXXX resolving this most expeditiously. Sincerely, betacredit I had already sent the lit. nutcase and got a letter form the asst. collection manager. This is my response to his letter I got a phone call today while I was at work from the asst. collection manager. He wants to resolve this, all I want is a deletion. But, I know if I outright ask for deletion they will refuse. I am currently disputing this with Experian and Trans Union deleted in my previous dispute. What should I ask for when I call him tomorrow?? Ask him to not verify, that way they won't have to have it deleted and get the "it's against our contract" response? I don't know what to do. I have a letter from Sprint's executive office stating that the account is current and not in a colleciton status. Should I tell him this or not? I really want this off my report, it's not due to come off until 2007!
ask for deletion and 1k they'll offer deletion offer deletion and 500 if you don't have to spend money on your lawyer yet... then be quiet and see what they say... at the very least you'll get the deletion
Thanks Marie and George, I'll try that approach. I really want the deletion, I really don't care about the money. But, I will ask for it just to show I know the law. It will leave me with more negotiation room. I will post the results, I really don't want to call them at work. They are in a different time zone so I may be able to call after work. Anyway, thanks again for the responses. It gives me an idea of what approach to use.
I'm sure you've all ready thought of this (great letter, btw), but make sure that whatever the manager agrees to is faxed to you in writing.
Good letter! But don't expect it to be off your reports in five days TU and EX seem to get them off fairly quickly, but EQUISUX is a pain in the patooty! They say they are allowed 30-90 days to delete info after they receive the UDF. If you dispute again, that should cut it to 30. Gulf State faxed UDF on 2-22 and EQ verified an account on 2-23. Re-disputed on 2-27, Gulfstate refaxed UDF last week, and *I* faxed a copy of the UDF and it is still there! L
I have to agree with Whyspers, good letter EQ takes forever to remove Verizon sent my UDF at the beginning of January. EX and TU had it off in a week. EQ still hasn't removed, even with another dispute they verified it. I had Verizon Fax it over again and follow-up with a phone call 2 weeks ago. It's still there as of today on EQ. What the h*** more do they need..... So Beta, how'd it turn out? Did you call?
Pat...get them to fax you a copy of the UDF with their subscriber info deleted. Then you can call the 800 EQ number and ask them for the fax number of their dispute department. Tell them you want to provide more info for an investigation. Verizon would have sent it to a different department than the dispute dept. so it would never cross paths. Also, get the dispute confirmation number (or report number you disputed with or whatever) and note that in your cover letter. It took five days after I did that for the Gulf State and OSI deletions. L
Excellent idea whyspers, thanks I thought I would be at the mercy of Equisux until they finally deleted or I had to sue their a$$es. I'll work on that tomorrow....
I did call but I only got his voicemail. I left a message stating all contact be in writing and that the deadline was today. I told him I was awaiting his response via fax. of course, when I go to work today there was no fax. So I wrote another letter and faxed him telling that he was to send a udf to the cras and not to verify as this would violation. I also warned him that it would be expensive to fight this in a court of law and they would have to retain outside counsel out of state. So I'll see if I get anything on the fax tomorrow. Will let you know.
This is the letter I sent, after I sent the "son of nutcase" letter. Name Address Date Collection Agency Address Name: I received a message that you have called my place of residence and left a message regarding resolving the above-referenced account. My letter dated, xxxxxxx, submitted via facsmilie outline what action needed to be taken. I called you and left a message on your voice mail. Although I have requested that all contact be in the form of written correspondence, I attempted to again contact you via telephone at the number given (xxx) XXXXXXXXX to resolve this matter amicably. It seems that you are either never at your desk or you do not answer your phone. Let me once again outline what action needs to be taken. Since you have not validated the above referenced trade line within the time frame given you are to immediately delete this incorrect account, in the form of an universal data form, from the three major credit bureaus (Equifax, Experian, and TransUnion) and fax proof of the deletion to xxx-xxx-xxxx immediately! Furthermore, since you are unable to validate this trade line that means you are unable to verify this account with the credit bureaus. Also 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). Please be advised Mr. XXXXX, failure to comply with my requests will result in a lengthly, long and expensive legal battle with your company, considering that you are located out state of FL you would have to retain outside council to defend Diversified Adjustment's interests. This matter can be resolved without such action. For the purposes of 15 U.S.C. 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is and attempt to correct your records, and any information received from you will be collected as evidence should any further action as necessary. Thank you and I forward to Diversified Adjustment resolving this matter expeditiouslu, as time is of the essence. Sincerely, Betacredit These 2 letters along with the original "ligitous nutcase" letter worked to get a paid collection off my credit report.
