B.C. you go to jail in Ga Writing checks on an account you know is closed! Crazy! Or purposefully writing bad checks, crazy. but maybe I'm more afraid of bad checks because in Ga. it's an automatic stay in jail if you don't make good. Here, for checks, there is a debtor prison!
Here's the letter! Collection Agency X Attn: Jan X, Consumer Assistance & Verification 1234 Any St. Anytown, CA 99999 Date: October 19, 2000 Ms. X: On September 9, 2000 I received a copy of my credit report from Experian, Trans Union, and Equifax. Included in those reports were the following information reported by you: Account #:2305871 - $87 2306459 - $84 2252803 - $49 Original Creditor: Safeway I requested that the credit bureau remove that information from my file. The bureau has refused, however, informing me that your company claims the information is accurate as reported. THIS IS NOT TRUE! The following is the correct information: These accounts should be deleted from my file. To my knowledge, I did not write these checks. I have contacted your office and have spoken with Kristi at x3398 in regards to this matter. I requested (sometime in July?) that she send me copies of the checks. Still having not received any information, I contacted your office again in September to follow up with my request. A representative stated that she would follow up on my request. To this date, I have not seen any copies of any checks. This negative mark is damaging my credit. You have 30 days from receipt of this notice to respond with proof of this debt. Either provide the proof, or delete the records with the 3 credit reporting agencies. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you reported this information in error, and that this matter is permanently closed. For the purposes of 15 USC 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 further action be necessary. This is a request for information and/or correction of record only, and is not a statement, election, or waiver of status. Thank you for your immediate attention to this matter. Regards, MP$40
RE: B.C. you go to jail in Ga You could not even imagine that amount of checks that people write on closed accounts!
RE: B.C. you go to jail in Ga Sorr, I misunderstood what you were saying. Yes, it is crazy, but it goes on every day.
Good letter! Ok I'd recommend: 1. To credit bureau forcing Procedural disclosure 2. Validation 2: to the collection agency After Val2 is ignored... send all copies to FTC and state's atty general. What do you guys think?
RE: Here's the letter! MP$40, The letter is good and to the point! The agency could be stalling, which is no excuse! If the original "creditor", Safeway, did not forward them copies or the original instruments, they have no claim for collection. I would write them one last letter stating your intent... contact the AG's office for consumer affairs or consumer protection division, and your intent to file small claims suit.
Validation 2 O.k. I would like to send a validation 2 letter.....where can I find that again? :-D Thanks for all your help guys!
Procedural letter /redispute- Big Credit Bureau Their Street Address Some City, ST 56789 x/x/xxxx Dear Credit Bureau, This letter is a formal request for the description of the procedures used to determine the accuracy and completeness of the disputed information, including the business name, address, and telephone number of any furnisher of information contacted in connection with this re-investigation. I am disappointed that you have failed to maintain reasonable procedures to assure complete accuracy in the information you publish, and insist you comply with the law by providing the requested information within the 15 days allowed. For your benefit, and as a gesture of my goodwill, I will restate the relevant dispute: CREDITOR AGENCY, acct. 123-34567-ABC As already stated, the listed item is inaccurate and incomplete, and is a very serious error in reporting. I am again disputing this item. I have contacted the collection agency regarding this item and requesting validation and I have received nothing from them. As per 15 USC 1692 et seq., I have disputed the validity of the alleged debt and disputed the validity of their claims. (copy enclosed). Since there has been no validation of the debt, the debt does not exist. Therefore, the continued reporting of this to my credit reports is also a direct violation of the Fair Credit Reporting Act. Please delete this item immediately and please supply a corrected credit profile to all creditors who have received a copy within the last 6 months, or the last 2 years for employment purposes. Additionally, please provide the name, address, and telephone number of each credit grantor or other subscriber. Sincerely, your signature Your Name SSN# 123-45-6789
Val2 Notice: This second notice is my response to your unsigned letter dated xxx, 2001 (copy enclosed). As I have not heard back from you in over 30 days since my notice of dispute dated xxxx, and since you have not supplied the demanded proof of the alleged debt, under the doctrine of estoppel by silence, Engelhardt v. Gravens (Mo) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists. In a good faith effort to resolve the matter amicably, I restate my demand for proof of the debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such proof, you must terminate this collection action, and correct any erroneous reports of this debt as mine. For the record, I state again: As I have no account with you, nor an I your customer, nor have I ever entered a contract with you, I must ask you to provide the following information: 1. Please evidence your authorization under 15USC 1692(e) and 15USC 1692(f) in this alleged matter. 2. What is your authorization of law for your collection of information? 3. What is your authorization of law for your collection of this alleged debt? 4. Please evidence your authorization to do business or operate in this state. 5. Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature. You have 15 days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all your claims in this matter, and will entitle me to presume that you sent your letter in error, and that this matter is permanently closed. Your continued silence is unacceptable. Either provide the proof, or correct the record to show this debt is void. For the purposes of 15US 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. This is a request for information only, and is not a statement, election, or waiver or status. YOUR SIGNATURE your name
15 days after val2, send this NOTICE: I have requested validation of this debt from your firm not once but twice (copies enclosed). Your firm 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 firm has violated (including but not limited to) the Consumer Credit Protection Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act. Your firm knew or should have known that the actions taken against me and the information collected about me were inappropriate and damaging to me. Your firm has failed to use reasonable care in the course of business and failed to use even minimal procedures to ensure that I was not harmed. Your firm has communicated and is continuing to communicate incorrect and defamatory information to third parties including but not limited to, Equifax, Experian, and TransUnion and has failed to respond to my requests for corrections. 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 firm's intentional infliction of emotional distress and at the other diminishments of the quality of my life. I am now demanding the immediate and complete removal of this tradeline from my credit reports (Equifax, Experian, and TransUnion). As I am currently attempting to apply for credit, time is of the essence. Please understand that I am extremely concerned about the consequences of the actions your firm is having on my life. Please be advised that, if this matter is not resolved by xxx, I will take any and all necessary steps to protect my rights, including but not limited to: Filing a complaint with the FTC Filing a complaint with the attorney generalâ??s office Pursuing all avenues to recover for my losses: both emotional and financial. Thank you for your prompt and complete removal of this trade line from all credit bureaus. Sincerely If they still do nothing after this one, file w/ftc and atty generals office. Give them copies of everything (including proof they received the letters). Then you get a min of 1,000 per violation. You may have to file suit but I'm guessing at this point they'll move quickly to fix this.
RE: 15 days after val2, send t Thank you Marie! I have all this information saved on my computer and I am finished w/ the Val2 letter. I will be sending this return receipt tomorrow.
If you have disputed with the CRA and it was verified it means little in most cases. The CRA simply has to contact the creditor, by phone, mail, often computer and ask "is this valid", a simple yes means verification. The collection agency does not have to provide proof of validity to verify reporting. If you disputed with the collection agency and they do not provide proof you have an issue. I suggest you file a small claims action naming the CRA and the collection agency as respondents. Cite the FDCPA regarding the creditor providing proof the debt was valid and dispute the verification the CRA obtained. Ask for damages $1,000.00 plus filing costs. This does not have to be in legalese as the court knows you are not an attorney. In most states attorneys cannot represent plaintiffs or respondents in small claims matters. Your local court clerk can provide you the forms for filing. You will be suprised how quickly the CRA will want to settle the matter and remove the reporting as they cannot afford to defend these matters in most cases. The collection agency will also have to provide proof to the court that you wrote these checks. While in court if you did not write the checks you can request the court order the agency to stop pursuing you for a debt you did not incur.
RE: Crimes in GA. But then again certain types of consesual sex are crimes in GA.! Hey, sorry I just call it like I see it, HE HE HE!
RE: in depth understanding. Those companies which use telecheck and equifax's and scan, send your checks to collection, places like publix,check cashing places, and small businesses, file charges. if you bounce a check for any reason. A friend of mine did a lot of bouncing, and they did prosecute her, but only publix, out of all the places she bounced.
RE: in depth understanding. RE: joint account? Author: Greg (---.proxy.aol.com) Date: 02-19-01 16:52 MP$40, I was manager for bad check recovery. Marie has a point...alot rides on if it was a joint checking account. It also depends on your state statutes as far as check recovery. Let me know if I can help ;-) ===================== Reply To Message =======Don't they have to produce the checks before they can collect?
RE: in depth understanding. Author: Marie (---.dialup.mindspring.com) Date: 02-19-01 17:05 Greg: since you're the subject expert here, don't THEY still have to provide proof if he requests it? I WOULD CERTAINLY THINK SO_without proof there is no check:lb Otherwise, they could just randomly say "you,owe 100 bucks... and we're collecting on it". OR WORSE yet claim there were multiple checks for hundreds or thousands of $ each!lb Actually, that seems almost what they do They are trying to sucker people!lb What constitutes proof for checks? A copy of the checks? I don't accept a copy of a check-Why? BEcause copies Can easly be altered or forged!!!lb Copy of info from the bank? Not acceptable because of potential banking errors.lb The actual checks? MY POLICY Is I don't pay any fees or make good on any thing but the original check!!lb And if they tried to file suit, wouldn't they have to have a copy of the checks? Like I said above - I demand original cnecks in or out of court As copies can be doctored:!lb This is an interesting one. They're still subject to all the types of FDCPA and FDRA regulations... right? Besides, if they had a copy of the checks, why don't they just turn it over to the courts. The can't take what they don't have to court:lb In Ga, if you write a bad check (even a little one) the one who got stuck w/a bad check just has to take it to the courthouse and the sherrif arrests you (felony if over 500). You pay the check to get out of jail. No collectors ever get involved. It just goes on Chex et al. Wondering... do they not have a copy of the checks or are just seeing if MP$40 will cave into the credit bureau blackmail... pay the checks to get the item off his reports... YOU"RE probably right on this.lb
RE: in depth understanding. Right! I want proof! Author: MP$40 (---.stcla1.sfba.home.com) Date: 02-19-01 17:12 That's what I'm trying to establish here. Do they expect that people will just fall for the o-key-doke? What makes them able to send out letters stating that you owe xx amount of money for a check that you wrote w/o even offering proof? Especially since I've requested proof 3 times now (twice via phone and once via certified letter). I JUST WANT PROOF!!!!!! ====================================== Reply To Message===========STICK TO YOUR GUNS -Don't give in to them!
