This is a letter I'm sending to the CA who reported on my account, but never received notice from them. Let me know if I need to change something. NAME OF CA STREET ADDRESS CITY, STATE, ZIP Dear Sir or Maâ??am Reference Account Number: XXXX (as reported on my Equifax report) Reference Account Number: XXXX (as reported on my Transunion report) Reference Account Number: XXXX (as reported on my Experian report) This letter is to inform you that I've recently pulled my credit report and noticed that there's a collection from your agency listed on my credit report nor was I ever notified of this account or collection. This letter is also to inform you that I would like for you to VALIDATE this debt and your ability to collect this money from me. Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you. Under the FDCPA, I have the right to request a VALIDATION of this debt. I request that you prove that I am indeed the correct party who is contractually obligated to pay off this debt as my name is a common name. In addition, there inconsistencies of what type of account this is; Equifax reports that the debt is an installment, Transunion reports the debt is a credit line, and Experian reports the debt is revolving. The delinquent dates are totally different and the resolutions are inconsistent. This is not my debt, please remove. I hope you are aware that reporting any invalidated information to major credit bureaus may constitute defamation of character. In addition, you must also be aware that until you VALIDATE this debt, you cannot continue your collection activities or report this information to the credit bureaus. Non-compliance with this request may land your company in serious legal trouble with the Federal Trade Commission (FTC) and other state/federal agencies. Please attach copies of the following documents: - The name and address of the original creditor to whom the debt is owed - The total amount of the debt owed. - Provide an agreement between me and the original creditor stating I promise to pay the alleged debt. - Complete payment history on this account, to prove that the amount you wish to collect is accurate, as this alleged debt is reporting inconsistent information to the credit bureaus. - Agreement with your client that authorizes you to collect on this alleged debt. - Define your general character of business and that youâ??re licensed from the above address to operate as a collection agency in my state. Although this account has been charged to profit and loss, I respectfully request to be provided proof of this alleged item, specifically the contract, note or other instrument bearing my signature. Failing that, the item must be deleted from my entire report as reported to all Credit Reporting Agents. Sincerely, TYPED NAME (NOT SIGNED)
The last two bullets may want to be considered. Except in unusual circumstances, their ability to contact the OC to get the documentation proves they have a relationship with the OC. Do you live in a state that requires licensure?
As far as the last two sentences: 1. Wouldn't the CA have to have some type of agreement or authorization from the OC that they're authorized to collect on behalf of them? 2. I thought I read something that the CA have be licensed in my state to conduct business or perform transactions. DO YOU LIVE IN A STATE THAT REQUIRES LICENSURE? I found this on the Commonwealth of MA website so I would think they would. Also, some of the CA's are not listed as a Foreign Entity for MA based on the name and address provided on the credir report. MASSACHUSETTS DEBT COLLECTOR LICENSE Who is required to have this license? Any company or sole proprietorship that directly or indirectly collects or attempts to collect third party debt from Massachusetts consumers; and active debt buyers that collect purchased debt from Massachusetts consumers. Who does not need this license? Passive debt buyers. Attorneys-at-law licensed to practice law in Massachusetts who are collecting a debt on behalf of a client. Any other exempted entity or person, per Massachusetts General Laws, chapter 93, section 24.
1) they would, but that doesn't mean you are entitled to that agreement. Validation serves 2 purposes (1) whether you are the debtor (2) the amount is the correct amount. 2) So if they are a CA, and NOT a debt buyer, or attorney, they need to be licensed.
Here is the letter I sent to one of the credit bureaus..... Experian P.O. Box 9556 Allen, TX 75013 Dear Sir or Ma’am Reference Account Number: (as listed on my credit report from Experian) This letter is to inform you that I've recently pulled my credit report and noticed that there's a collection from Portfolio Recvry&AFF, 120 Corporate Blvd, Ste 1, Norfolk, VA-23502, listed as a collection on my credit report TWO TIMES FOR THE SAME DEBT. I was never notified of this collection or that I owed any debt to them. This letter is also to inform you that I would like for you to VALIDATE these debts and Portfolio Recvry&AFF ability to collect this money from me. Be advised that I am not requesting “verification" that they have my mailing address or that they’re just checking the box to answer this request. I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay them. I would like these items DELETED, because it contains erroneous and misleading information in my credit file. In accordance with the federal Fair Credit Reporting Act (FCRA), I respectfully request you investigate my claim and, if after your investigation, you find my claim to be valid and accurate, I request that you immediately DELETE these items. The FCRA places significant responsibility on both the data furnishers and Consumer Reporting Agencies. Reporting errors must be corrected promptly in order to comply with the Fair Credit Reporting Act. I hope you are aware that reporting any invalidated information to my credit report may constitute defamation of character. In addition, you must also be aware that until the debt is validated, you cannot continue to report activities on my report. Please attach copies of the following documents: - The name and address of the original creditor to whom the debt is owed - The total amount of the debt owed. - An agreement between me and the original creditor stating I promise to pay the alleged debt. - Complete payment history on this account. - Agreement that authorizes collection on this alleged debt. - The general character of their business and that they’re licensed from the above address to operate as a collection agency in my state. Although this account has been charged off, I respectfully request to be provided proof of this alleged item, specifically the contract, note or other instrument bearing my signature; failing that, the item MUST BE DELETED from my entire report. Sincerely, MY NAME
A CRA isn't required to obtain documentation. The law only requires that they request the DF to verify the trade line or lines being disputed.
Yep. CRAs unless they know, or should know, that a data furnisher is unreliable, can rely on them just saying "yep, it's correct."
Jam237, So what ever letter we're sending to the CRA's they are just going to contact the CA/OC and if the CA/OC says "yep, it's correct" thats considered validated? If so, what is sent to CRA? I know i need to be reading more on this site but, so far i'm into the understanding that you first send a DV letter to the CA/OC your dealing with CRRR, once you get the receipt back from the postal service that the letter was received then you fire off a letter to the CRA's asking them to validate the Tradeline.... I thought the two letters were pretty much the same thing but just doing it in that time frame locks the CA into giving you a response sooner since they cannot say Yes to the CRA without first providing you with proof of validation.... Clearly i'm not understanding what exactly is to be sent to the CRA... i don't mind reading you if you tell me what terms to search for in this forum, Thanks!
