FAIR CREDIT REPORTING ACT BREAKDOWN

[Anonymous]

OK, I DON'T EXACTLY KNOW WHAT MY RIGHTS ARE HERE. MY HUSBAND HAS A COUPLE ACCOUNTS THAT WE DISPUTED WITH THE CREDIT BUREAUS ONLINE. THEN WE SENT A CERTIFIED LETTER TO A COUPLE CREDITORS B/C WE FELT THE AMOUNTED OWED WAS WRONG. ONE TOOK 60 DAYS TO GET BACK TO US AND WHEN THEY DID THEY SENT PROOF FOR A TOTALLY DIFFERENT PERSON. THE SECOND CREDITOR SAID THEY FELT WE WERE WORKING WITH A CREDIT REPAIR AGENCY (WHICH WE WERE NOT) AND STATED THEY WOULD NOT SEND US PROOF BUT WE WOULD BE BETTER OFF CALLING THEM DIRECTLY.  WE ARE TRYING TO FIGURE OUT WHAT OUR NEXT STEP IS. I THOUGHT IF A CREDITOR COULD NOT PROVIDE ACCURATE PROOF OF DEBT THAT THE ITEM WAS TO BE REMOVED. BUT TRANS UNION TOLD US NO. HELP!!!!!!!!!!!!!!!!!

[haulingthescoreup]

Hi, NickJenny, welcome to the forums, and sorry to hear of your troubles. I'm moving this to General Credit Issues.

We have some members here who know all about wrestling CA's, and they should chime in soon, but first of all, never speak to CA's on the phone. I'm sure it's not a coincidence that CA #2 wants you to call.

And while you're waiting for replies here, please read Credit Scoring 101. The link is at the top of this board. Just plain old credit is pretty complex, and battling collection agencies requires a good deal of background knowledge if you want to win. You might also want to save Guide to Common Abbreviations to your desktop, or print it out. You're going to get buried in alphabet soup!

One small request: please don't use the all caps key. My aging eyeballs have been staring at a computer screen all day at work, and they're waving around on stalks by now. Others are less aged than I but also have problems with all caps. thanks!

[Anonymous]

DV each CA CMRRR.  Don't dispute with the CRAs - they are required to inform them that you are requesting validation from them - so let them do this and if they don't it's a violation.

The CA has 30 from receipt to respond - allow 35 to get their response (some say only 31 but I feel erring onthe side of 'resonable' will get you more if you have to proceed from there.

change this letter as necessary (and only as necessary)

Jones Collection Agency

222 1st Street

Noplace, FL33333

Re:      Account #:                   5555555

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 Maryland

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_______ 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,

TYPE NAME....DO NOT SIGN