What shoul I do?

Discussion in 'Credit Talk' started by pleasehelp, May 4, 2002.

  1. pleasehelp

    pleasehelp Member

    On my Eq. cr it says Express the dates are from 11/99-09/00. The date reported is 4/02. I have 30 days past due 3x, 60 days 1x, 90+ days 3x. It says the account has been charged off, but I paid it off by settlement over 1yr ago. Why are they just now reporting it? Should I send a letter saying its not mine? I am also having the same problem with The Limitd (showing charged off, but paid over a yr ago).
     
  2. javan

    javan Well-Known Member

    I would first try disputing with the CRA's as "NOT MINE". I would also send the paid charge off letter below asking for deletion:

    Collection Bureau
    123 Any St.
    Leech City 12345-6789

    Date

    Re: Paid Account #

    To Whom it may concern,

    I am dismayed that your company is continuing to report the above mentioned account. I paid it with the understanding that the negative trade line was to be removed from my credit files. I would like to point out that I first became aware of this account when I pulled a credit report. Your company violated the FDCPA (15 USC 1692g) by not informing me of my rights (mini-miranda) within 5 days of first communication of this account. Communication is defined in 15 USC 1692a: "The term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium."

    Not only do you continue to report this item, but you are also reporting it inaccurately. Since I was never informed of my rights to dispute all or any portion of this debt, I shall do so now. Since you are required by federal law to report only accurate information to Credit Reporting agencies, I request that you provide full validation of the account in question. By this I don't mean validation that you have my mailing address, or that this is being reported as you think accurate. What I am requesting is the following information:

    1. Please evidence your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter.
    2. What is your authorization of law for your collection of this alleged debt?
    3.Please evidence your authorization to do business or operate in the state of __________.
    4. Please evidence proof of the alleged debt, including specifically the alleged
    contract or other instrument bearing my signature.
    5. Any insurance claims made by any creditor regarding this account.
    6. A complete itemization of services and/or equipment provided.
    7. The amounts, if any charged to profit and loss by the original creditor.

    If the requested information cannot be provided, I insist that this negative trade line be removed from all major Credit Reporting Agencies. If it is not, please note that section 1681s-2(b) of the Fair Credit Reporting Act creates a cause of action for a consumer against a furnisher of erroneous credit information (Nelson v. Chase Manhattan). You have 30 days from receipt of this letter to comply. If my request is ignored, I will use any and all legal means at my disposal to correct this matter.

    Thank You,
    signature
    My Street address
    My Town
     
  3. pleasehelp

    pleasehelp Member

    Re: What should I do?

    So are you saying tell them its not mine and if that does not work then send the letter?
     
  4. javan

    javan Well-Known Member

    Re: What should I do?

    yep, because you have already paid, the CA may not respond to the CRA's investigation.

    good luck
     
  5. LKH

    LKH Well-Known Member

    Re: What should I do?

    edit

    I misread.
     
  6. Jimrie

    Jimrie Well-Known Member

    sorry to bump this back to the top but i have a question regarding the letter that javan posted

    is that letter meant to be sent to the cra?

    i have an account that is on all three cra's - utility bill - that we paid in full in february with the understanding that they would mark our records "paid in full" (we didn't know about getting anything in writing nor about creditnet at that time)

    we sent a "paid charge off" letter this utility company and then yesterday we received a crrr from them stating that they are accurately reporting the debt as paid in full - they mentioned "paid write off" - they proceeded to give a blow by blow accounting of how they tried to collect this debt but we were not co-operative.

    do you think that by sending the above letter to the cra (if that's where it should be sent) that it would get any other result?

    peace, jimrie
     
  7. QUEEN_BEE

    QUEEN_BEE Well-Known Member

    The letter is to be sent to the CA
     

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