Wrong name on personal information

The sample letters section of this board has examples. You should send this letter and then when you receive the green card back from the certified mail, dispute the TL entry with the CRA

http://consumers.creditnet.com/Discussions/showthread.php?s=&goto=newpost&threadid=13336&pgnum=1

 

Re: Re: Wrong name on personal information

It's possible, but if they report to the CRA before providing you with proper validation, they have violated the FDCPA and you stand to collect $1000 if you decide to sue

NO! Play as "dumb" as possible with them. You don't want them to know that you are aware of your rights, and are ready to exercise them.

Just send the validation letter exactly as it is written. You might preface the letter and say that it has come to your attention that they are trying to collect on a debt that you know nothing about, and before you can even consider anything they have to say to you, you will need a complete and accurate record of the matter from them. State that you wish to be contacted by mail only concering this matter, and send it by certified mail.

PS: by going this route you are potentially setting yourself up for a legal battle with them. You need to be prepared by reading as much backround information, and previous posts on this board as you can. You need a very carefully planned legal case so that you do not trip yourself up, and end up getting sued. Many here have done what you need to do, but they have prepared themselves by reading, reading, and more reading...educating themselves on consumer law, and seeking legal advice when necessary

 

Re: Re: Re: Wrong name on personal information

What is better than educating yourself to protect your rights??? Who else will do it if you won't do it for yourself, unless you are willing to pay a lawyer to do it for you

If you assume that, you will quickly find yourself in court and a judge will tell you whether or not they have a legal leg to stand on!

Without proper validation there is nothing for them to base their case on, and nothing for you to defend
Validation is the first step in dealing with this

 

Re: Re: Re: Re: Re: Wrong name on personal information

Most CA's do not provide proper validation since they rarely have all of the info they legally need . Most times they have a "print-out" from the original creditor, and the amount that is owed, but little else.

Proper validation would include the "so-called" erroneous bill you received that was not in your name. With this evidence you have a case that they are trying to collect from the wrong person. Without this evidence you have nothing - It is your right to have the information they are basing their claim against you on...

if the charges are really not yours, and were really charged to your account by mistake, then what do you have to fear if they provide the validation?

 

Re: Re: Re: Re: Re: Wrong name on personal information

No, all it means is they cannot continue collection activities (including putting a TL on your CR or sueing you) until they do validate.

As far as the OC that is a separate issue, as the FDCPA rules do not apply to OC's (unless your state specifically allows it)

As I said, you really need to read up on all of this before you step into waters that may be way over your head

 

Re: Re: Re: Re: Re: Wrong name on personal information

Is this for a revolving credit card account, where some merchant posted charges on your account that you then disputed, or for some other account you had directly with a merchant or provider of services?

Was the original provider of goods or services trying to collect directly from you after disputing with your credit card company, or did a credit card company not properly handle your dispute of an unathorized charge?

 

Re: Re: Re: Re: Re: Wrong name on personal information

Is the party trying to collect collecting on behalf of, (or purchased the debt from), the credit card company, or the merchant whose charges you disputed?