I want to have a paid collection removed. It's for a bad check the collection agency said I wrote. In all honesty, my ex-wife probably wrote on our joint account when we were married. When the CA contacted me I knew nothing about credit repair but was wise enough to ask for a copy of the check. They admitted that they didn't have a copy and instructed me to contact the bank. I did and the bank told me that didn't have a copy either! I asked my ex-wife if she wrote the check and she said she couldn't remember. Since she wasn't sure, I stupidly paid the account! Sounds like the CA will not be able to validate if I send the following: RE: Account #_________/Original Creditorâ??s Name Dear ________________/Collection Agencyâ??s Name I paid the above referenced account in full. In a telephone conversation with me your representative stated this collection was for a check returned as insufficient funds. I am now respectfully requesting to be provided proof, specifically the original bad check bearing my signature. If you can not provide me the original check that bears my signature, I am requesting that this matter be closed by deleting this account from any and all credit reports. Be advised that I am not requesting a "verification" that you have my mailing address or other personal data, I am requesting specific evidence that I wrote the alleged bad check. This evidence must be the original check in question bearing my signature. Please be advised that I am prepared to file suit against ----------- (collection agencies name) if you have no evidence that I wrote the check or you do not delete this account from any and all credit reports. Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees including the amount I have paid you plus any additional damages. What do you all think? Any suggestions? I will send this to CA and wait one week to dispute with CR's. As Doc suggested, my dispute with CR's will be simple and direct.
I think this letter is super! Have it notarized at the bank for that "just helped by an attorney" look, and send it by certified mail with return-receipt requested. (You already knew all that, but what the heck, it's 2 a.m. and our 7 month old daughter still doesn't sleep through the night. Voila -- time for a quick Creditnet fix.) One suggestion: don't use the phrase "I am requesting"; then edit the resultant sentence to: If you cannot provide me the original check that bears my signature, you may resolve this matter by deleting the associated negative tradeline notations with the three major credit reporting agencies. Hope this helps. Doc
This is a very well-written letter that clearly conveys what you want them to do. However, I would not threaten suit. Another approach is to say that it would not be proper for this to remain on your credit report and then cite the laws which apply. This communicates that you know your rights. If you threaten suit in your first contact, you may catch an attitude that defeats the purpose of your letter. Try sugar this time and then if that doesn't work, use the vinegar. You have to make it clear to them that you did not write the check, that you prize your credit and paid this off onlyto protect your good credit. They are more likely to agree to remove it if you can get them past thinking that you are a hot check writer who doesn't deserve any consideration. The fact that you were a signatory on this account may be enough to make the check collection reportable on your credit. You have never claimed the check was forged. Instead, when you were dunned for it, you paid it as though responsible for it. These circumstances may be adequate to justify reporting the paid collection even though the check is lost or missing.
Thanks to the both of you. I really appreciate your feedback. I'll let you all know how it turns out.
Hey you the more I think about this, I am absolutely certain that I did'nt write this dam check. Furthermore, I was never provided proof that my ex-wife wrote it either! I just talked with her again, and she can not recall. They should have provided proof! I paid a bad check for a total stranger and it's my credit report! Here is my re-write: RE: Account #_________/Original Creditorâ??s Name Dear ________________/Collection Agencyâ??s Name When I first became aware of this account, in a telephone conversation with me your representative stated this collection was for a check returned as insufficient funds. I paid the collection in full. I am now respectfully requesting to be provided proof, specifically the original bad check bearing my signature. I prize my credit and paid this account only to minimize any damage to my credit. I now feel its necessary to fully look at this matter now that itâ??s paid. I am certain that I did not write this check. Be advised that I am not requesting a "verification" that you have my mailing address or other personal data, I am requesting specific evidence that I wrote the alleged bad check. This evidence must be the original check in question bearing my signature. If you cannot provide me the original check that bears my signature, you may resolve this matter by deleting the associated negative tradeline notations with the three major credit reporting agencies. Without the original check bearing my signature it would not be proper for this account to remain on my credit reports. According to the Fair Debt Collection Practices Act the following should have occurred when your representative initially communicated with me: Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- (1) The amount of the debt; (2) The name of the creditor to whom the debt is owed; (3) A statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) A statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) A statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. Unfortunately, following your initial contact me these procedures were not followed at all. The Fair Debt Collection Practices Act further states that the failure of a consumer to dispute the validity of a debt may not be construed as an admission of liability by the consumer. In my situation, I did not have an opportunity to dispute validity, as proper procedures were not followed. Your failure to satisfy my request to provide the original check bearing my signature or delete the tradeline from all credit reporting will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees including the amount I have paid you plus any additional damages within the requirements of the Fair Debt Collection Practices Act. Thank you for your attention to this matter. How is that? Is it too long?
Not too long. Actually it sounds good. I had one letter today from a CA (that is reporting a bad check) agree to delete it immediately from my credit report. I sent them validation, they wrote back asking for my State, DL# and SS#. I ingored their request. At 28 days I sent the estoppel letter. They signed for it last week and today I got the letter they are deleting the information and said to expect 30 days. I will also fax the letter to the CRA's.
