I'm trying to clean up my credit, and got great help in another message I posted here. This is an interesting event. I got a letter dated March 22, 2001 from a collection agency that is asking for $1900+ on a debt from what I believe is a Visa card that I had way back when. They're looking for a dispute within 30 days or they say, they will assume the debt is valid. What is surprising to me is that this debt does not appear anywhere on my credit report from Experian or Equifax. There is an account listed as Inactive/Never Late from this same bank on my Experian report, but the account number given does not match the one on the collection agency's letter. Is it possible that this debt is on my TU credit report? I plan on ordering a copy of that one very shortly. I was going to send a certified letter to the collection agency informing them that the SOL has expired and to cease contacting me, but I wonder if the debt is possibly listed on the other credit report. There is no way I used any Visa card after 1993. The letter begins by saying that this debt was originally Performance Capital's but has now been purchased by this new agency. Coudl they just be doing a mass mailing type of thing to all the names in teh database they just purchased from Performance in an attempt to get unsuspecting SOL'ers to pay? Any advice is gratefully appreciated.
Re: What the heck is this lett You will have to give us dates on when you think it defaulted. I would simply send a cease and desist letter pronto. They may till sue you (unlikely) but you can use Sol as defense and not pay anything. Good LUCK! roni
VALIDATE I'd still go with a validation letter followed up by a cease and desist (when they don't respond). That way you have a great papertrail in case they fraudulently try to reage the account and put it on your credit reports. During the validation they couldn't add the account to your reports and once they can't validate (or verify you're past 7 years) then you're in the clear. Costs $6 to send 2 letters certified rr... and well worth protecting your credit. Proactively protect your credit now. It's easier and faster then trying to clear it later if they put this account on your reports.
Validate or SOL? This is so new to me that I just don't know what letter to use. There are samples on the net but I'm still confused. There is a sample letter that says: · tell me what this money that you say I owe is for · show me how you calculated what you say I owe · give me copies of any papers that show I agreed to pay what you say I owe · show me that you are licensed in my state, and give me your license number · stop contacting me about this or any other matter you have, except to provide me with proof that I owe what you say I owe 1) Should I use that letter? 2) Should I give them my current address? 3) Should I mention the SOL at all? I have no papers of any kind regarding any of my old debts. Everything was lost. Thanks. I am reading up on this as much as I can on the net but my understanding of it is all still unclear.
Re: Validate or SOL? I dont know what eveyone else thinks, but I think you should just send a cease and Desist. It sounds like they can verify the debt. But you could always first send validation and then if they do send a cease and desist. It like prove it and if they do say oops! well leave me alone anyway. If they follow the laws you will be ok. If they dont, you will get paid in settlement for their violations of your right. Dont try to put to much in one letter. Just send in the letters as lizard has posted here. Theyll do the job. NO need to get fancy. Good LUck! roni
Lizard King Would you recommend inserting something in a CEase and Desist or Validation letter to address insertion of this on Credit reports during the dispute process-since this isn't on the posters reports-yet? Is there anything to prevent this from occurring? This happened to me recently during a dispute with NCO-I disputed, they took their sweet time Verifying but were very proactive about reporting it to the CB once I challenged them.
Taking the plunge...yes? Okay, so I'm going to use Lizardking's letter that was posted in another thread and mail it to the collection agency that just contacted me. I'm just so nervous about this. I'm sorry if I seem like I need a little hand holding here but I kind of do at least now, in the very beginning of this. Here is the letter that Lizardking posted, should I send this off tomrrow Certified/RR? Thanks all. ----------------------------- Re: Lizardking Author: lizardking (---.tampabay.rr.com) Date: 04-02-01 12:12 Date Name and Address of collection agency Re: Acct # 000-000-000-000 To Whom It May Concern: This letter is being sent to you in response to your attached letter. This is not a refusal to pay, but a notice that your claim is disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete the attached form and follow its instructions and your claim will be processed as soon as this information is received. Please 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. You should also be aware that sending an unsubstantiated demand for payment though the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me. Please also be aware that if any negative mark is found on my credit reports from your company or any company that you represent, this will result in my filing an immediate lawsuit against you and your client for 1) Violation of the Fair Credit Reporting Act, 2) Violation of the Fair Debt Collection Practices Act, 3) Defamation of Character, 4) Negligent Enablement of Identity Fraud. Pending the outcome of my investigation of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports. I suggest you and <insert name of original creditor> get your records in order before I have to target you for legal action. Best regards, <insert your name> Cc: <insert name of lawyer>, Esquire (note: just make up a name for the lawyer, just let them think you did it for good effect) Page 2 CREDITOR DISCLOSURE STATEMENT Name & Address of Creditor: _______________________________________________ Name of Debtor: ____________________Acct #: _______________________________ Address of Debtor: ________________________________________________________ Amount of Debt purported to be owed: _________ Date it became payable: ___________ Was this debt assigned to the collection agency or purchased? ______________________ Amount paid if purchased: __________ Commission for the collection agency if successful with assigned debt: _________ Please attach a copy of the agreement with your client that grants you the authority to collect on this alleged debt. Please attach a copy of any agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor. Please attach copies of all statements while this account was open. Have any insurance claims been made by any creditor regarding this account? yes / no Have any judgments been obtained by any creditor regarding this account? yes / no Have any negative trade lines been reported to any credit reporting agencies regarding this alleged debt? If so, please name the credit reporting agencies. _______________________________________________________________________ Please provide the name and address of the bonding agent for the collection company <insert name of collection agency> in case legal action becomes necessary. _______________________________________________________________________ ____________________________________ ________________ Authorized signature for creditor date Please return this completed form and attach all assignment or other transfer agreements which would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts. Please allow thirty days for processing after receipt of your request.
