What is the EXACT process????

Discussion in 'Credit Talk' started by kharacterk, Aug 22, 2003.

  1. kharacterk

    kharacterk Member

    Hi all, first let me say that I'm a newbie and that it's GREAT to find a site that is soooooo informative! I look forward to receiving lots of good advice from this board. Now on to my issue, let me provide a little background information.

    While in college 7+ years ago, I royally screwed up my credit. Since then, I have been working very hard to clean it up. I have paid off ALL debts owed and have been successful in getting several items deleted. Because of that I was able to buy my first home with a 6% interest rate!

    But, there are a few persistent items that continue to show as PAID COLLECTION or SETTLEMENT ACCEPTED ON ACCOUNT that won't go away. I've seen the sample nuissance letter posted. But what are the exact steps should I take to get these deleted. What to letter should I send first and to whom, what to follow it up with? etc.

    I've already disputed all the accounts listed as such with all 3 CRA's and they all came back as VERIFIED. Please help.
     
  2. PsychDoc

    PsychDoc Well-Known Member

    You'll shortly find out that there is no exact process. That said, if you've not done so already, spend some time reading the FAQ, the links referenced therein, the Hall of Fame posts, and the Primer (i.e., all the spotlighted threads stuck to the top of this board). Then I would suggest that you use the "Search" function here for the following search strings:

    -- paid chargeoff
    -- paid chargeoffs
    -- Nutcase success
    -- Dancerat letter
    -- intent to sue letter
    -- intent-to-sue letter
    -- Lizardking lawsuit
    -- Lizardking lawsuits
    -- Bauer estoppel (also this thread ref. that)
    -- marci Goodwill
    -- paid validation

    I realize that I've given you a homework assignment that will take the better part of a week's worth of evenings reading. What will hopefully happen is that -- as you read -- you'll end up taking notes (or copying/pasting to text files, etc.) the material that seems most relevant to your situation. Then as you become more comfortable with all of this, you'll probably generate a few targeted, specific questions, which you'll then post to the board. Unfortunately there isn't just one step-one-two-there that will work for everybody, but if I were betting I would say that you'll be far more ready to start the process after you've read a lot more. (If you're the type who -- like me -- always hated to be told to read something, then I apologize in advance. However, a wise individual once guided me in exactly the same way regarding this material, and it paid terrific dividends for me over the long haul.)

    Hope this helps you!

    Doc
     
  3. lbrown59

    lbrown59 Well-Known Member

    But, there are a few persistent items that continue to show as PAID COLLECTION or SETTLEMENT ACCEPTED ON ACCOUNT that won't go away.
    kharacterk
    ========
    are any of the listing older than 7 Yrs?

    THE END ** *** ** LB 59
    """"```--~~~~~~~~~--```'""'''
    Click here: Free Credit Repair Tips http://www.creditinsiders.com/
     
  4. Kelfig

    Kelfig Member

    Are you saying that the derogatory statements are kicking about even though they are over 7 years old? If so, then I think one of the statutes such as FCRA could be violated.
     
  5. kharacterk

    kharacterk Member

    no they aren't more than 7 years old. They have last activity dates of 98 and 99.
     
  6. zero

    zero Member

    I don't mean to hijack the thread... but I'm in a similar situation and I thought perhaps I could enlist some advice.

    My wife's reports are showing a couple of paid collections, we've disputed them as not hers. Today in the mail an account statement arrived from one of the CA's showing an itemized listing of the amount paid off in installments. Being new to credit repair is it safe to presume this is there idea of validation? At the bottom it shows that there is a $0 balance due on all accounts. Now to my main question... this collection is being reported to 2 CRA's, yet on one report it shows as an account status of CLOSED, and remarks/payment status of PAID Yet on the other report it shows the account status as OPEN, with the remarks stating : PAID COLLECTION and a payment status of "Payment after charge off / collection "

    I've done quite a bit of reading on this site, which has brought me to my current place; however, I'm a bit confused as to which letter I should next use given the above mentioned situation. In reading this site I have also come to understand that because the debt is paid, the CA has no right to pull my wife's report, correct? So with that being said should I use the nutcase letter, or am I jumping too far ahead... ?

    Thankx

    Zero
     
  7. kharacterk

    kharacterk Member

    Zero,

    I think we are both pretty much in the same boat. I've decided to start off with the slight variation to the verification letter posted by Doc. I've drafted them up for 3 of the PAID OFF COLLECTION account and will begin there. I think this might a good place to start. Then a week after they get the verification letter, I think I'm going to dispute them with the CRAs again and see what happens. If that doesn't work and I still haven't gotten a response from the CA then I'll still follow up with the 2nd verification with a copy of the first one sent to see if I can get the CA to send a request for deletion.
     
  8. kharacterk

    kharacterk Member

    Zero,

    I think we are both pretty much in the same boat. I've decided to start off with the slight variation to the verification letter posted by Doc. I've drafted them up for 3 of the PAID OFF COLLECTION account and will begin there. I think this might a good place to start. Then a week after they get the verification letter, I think I'm going to dispute them with the CRAs again and see what happens. If that doesn't work and I still haven't gotten a response from the CA then I'll still follow up with the 2nd verification with a copy of the first one sent to see if I can get the CA to send a request for deletion. The letter follow:

    --------------------------------------------------------
    Original Nutcase Letter #1 (per Doc)
    --------------------------------------------------------

    Date


    Name of Old Fully-Paid Acquaintance
    Address
    City, STATE ZIP

    To Whom It May Concern:

    I am formally requesting that you validate all tradeline notations you have submitted to the three major credit reporting agencies by â??NAME OF COLLECTION AGENCYâ? or â??NAME OF ORIGINAL CREDITORâ? for me, YOUR NAME, for account number XXXXXXXXX.

    Due to possible inaccuracies in these CRA reports, I must demand that the validation I hereby lawfully request be in the form of a notarized statement by a person with original knowledge of the debt as it was constituted and who can testify that the debt was incurred legally, was not subsequently disputed as a result of returned, faulty, or recalled consumer products, was not utilized as a profit-loss tax deduction during the period it may have been payable, and was not claimed as a loss with any insuring entity during the period it may have been payable. Please be advised that I am not requesting a verification that you have my mailing address; rather, I am requesting validation, i.e., competent evidence that I had some contractual obligation sans consumer protection encumbrance which incurred the original claims associated with this tradeline.

    I have enclosed two documents which will verify my address: a photocopy of a [YOUR STATE] Driverâ??s License and a photocopy of a recent [NAME OF UTILITY OR TELEPHONE COMPANY] statement.

    Please know that you have 30 days from the tracked and confirmed delivery of this lawful notice to either answer these demands or to remove the associated negative tradeline notations from the CRA reports. Any other action may constitute evidence of your intent to abridge one or more civil or other constitutional rights. Please be further advised that continued unsubstantiated reporting of possible inaccuracies to third parties may provide a basis for criminal complaints being filed in accordance with FDCPA, FCRA, and other federal statutes.

    I look forward to a timely and amicable resolution to this matter.

    Sincerely yours,

    Your Name
    Address
    City, STATE ZIP
     
  9. zero

    zero Member

    kharacterk,

    Thankx a lot for the info. One more question, truth be told the only info I have received thus far from the CRA's is that they've received our dispute and they're investigating. Should I sit tight for now until they come back as validated (if they do) before sending the above mentioned letter to the CA?


    zero
     
  10. kharacterk

    kharacterk Member

    It would be ideal to send the letters first then dispute with the CRAs. But I did it the same way, I had already disputed with the CRA's before I found this site. SO now my plan of action is to send out the letter, since they came back as verified. My thinking is this. Since they came back as verified once I send the letter to the CA (hoping they won't verify) then I can send that documentation back to the CRA saying how did you verify this and the CA hasn't verified it with me as required by law. Then request that they delete it from my file.
     
  11. zero

    zero Member

    Gotcha
     
  12. RichGuy

    RichGuy Well-Known Member


    Aren't you hoping that the CA won't validate?
     
  13. zero

    zero Member

    Personally speaking, thats what I'm hoping for. I have yet to hear from the CRA's; however, today I received a printout from one of the CA's... with regards to that account I'm expecting it to be validated, so I'm trying to plan ahead for the next step if/when there is one to take.
     
  14. kharacterk

    kharacterk Member

    Re: Re: What is the EXACT process????

    Yes that's what I'm hoping for that the CA won't validate.


    But my one question is should I contact the CA after they receive the letter and have them flag it not to validate or just dispute with CRA's and hope that they won't?
     

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