Collection I didn't get a notice on- PLEASE HELP!!

[Anonymous]

Hi there.. I have worked diligently for the past 2 years to improve my credit.  I really want to be ready to buy a home here in the next couple of months.  Back in January 07, I noticed a collection on my CR- basically, my city referred a past due water bill to a collection agency at the same time that I paid the bill in full with the City.  B/C I never received a collection notice, I never knew until it showed up on my credit report as a TWO DOLLAR collection!! My bill was 344, paid in full w/ the City, but I guess this is a collection fee?  At any rate, I've called both the city and collector, and both say that they can't remove and it's up to the other person to remove.  My argument is that it's just not a valid debt- i was never given a chance to dispute it.. so, now what?  If I pay the $2, won't that be validating the debt and negating the chance to have this removed?  I've seen in the forum where a Pay to Delete letter is used, but just for $2?  Not sure what to do here, but any help would be appreciated!!!!

[SanFranMatt]

Send a Debt Validation letter (search "DV letter") via Certified Mail with a Return Receipt.  As soon as the CA receives the letter (you can track this at usps.com), file a dispute with the CRA's indicating that you paid the original creditor and don't owe anything to the CA.  There's a good chance that it will fall off.

[Anonymous]

Send a DV  CMRRR   and do not let them show it as PAID...........even if paid it will still hurt scores. You do not need to tell them anything and do not sign the DV. 

When a debt has been paid to the OC  the CA can not report it as paid! 

 

August 26, 2007

Jones Collection Agency

222 1st Street

Noplace, FL33333

Re:      Account #:                   5555555

            Original Creditor:         Smith & Smith Corp

Dear Sir or Madam:

This letter hereby notifies you that the validity of this debt is in dispute. In an attempt to validate this debt, I am requesting evidence of this debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such substantiation, under federal and state law you must correct any erroneous reporting to any and all credit reporting agencies

In accordance with Section 809 of the Fair Debt Collection Practices Act, Fair Credit Reporting Act and corresponding case law, please provide me, in writing, the following information:

1. A copy of the alleged original contract or other instrument bearing my signature
2. Complete account history, including, all statements, records of all activity, payments, collection attempts, and any charges added for collection activity; In short, any and all documentation pertaining to this account
3. Evidence of your authorization under 15 USC 1692(e) and 15 USC 1692(f) in this alleged matter
4. Evidence that your company is registered as a consumer collection agency in the State of Florida

Additionally, until full validation is provided, all representatives of your company, or any affiliated company, must immediately cease & desist all attempts to collect the aforementioned debt. Failure of your company to comply with this request will be a violation of the Fair Debt Collection Practices Act and will directly result in a complaint filed with the Federal Trade Commission and the State of Florida Attorney General's office. Please be advised, should this request be violated, I will pursue all criminal and civil claims, including any and all punitive damages, allowable by federal and state law against your company.

Failure to respond, in writing, and in a timely manner, will serve as a waiver to any and all of your claims in this matter and that this matter is permanently closed. Please provide the requested information or correct your records and immediately request the removal of this invalid debt from all sources to which you may have reported.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be retained should further action become necessary. This is a request for information only, and is not a statement, election, or waiver of status.

I look forward to your timely response.

Best regards,

DO NOT SIGN     just type your name!

[coco08]

This letter looks great.  Can you tell me if it's valid in California?  Also, is it to be sent to the CA or directly to the OC?  I'm in a similar situation with a hospital bill, but I've never received any bills from the hospital.  Just the notice from the CA.  Thanks for your help!

[taxman5455]

dear happy days

I noticed that you stated that the CA can not report an item as paid if one paid the OC.

Is this in the  fcra or somewhere else where I can get a copy of?

I have only 2 collections showing and they show as being paid by the CA but I paid the OC and

never the CA, so does this mean they should be removed? or what is my postion?

thanks

[Anonymous]

I would send a DV to the CA........Let them try & prove that you paid.....only the OC has that proof.

[Anonymous]

Tax, The DV is national wide , as it is federal law.  In CA a CA doesn't need to be licensed but they do in other states.

[Anonymous]

Federal law states  that any furnisher (CA) MUST report 100% accurate info.  and when asked to validate such debt must!

How can they validate it if you did not pay them?