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Illegal Credit Reporting - Help

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Anonymous
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Illegal Credit Reporting - Help

I just saw my score dropped 51 points due to a collection. Here is the big problem. I called the reporting company and they said it was from 1992 just reported in 4/2008, was with a company that i had service with up to last year and they never said i owed them money. Now I know what they did was illegal as they only have 7 years to report. And they know it is not my debt as I didn't live at the address they claimed the service was at. What can I do?? They say I can dispute it but they will not report as an error on therir part, but that will not bring my score back to what it was and we were getting ready to refi. Is getting an attorney going to get my score back to where it was (702)would it be beneficial to sue as to the financial damage they just cost me? I am so angry have worked so hard to get our scores from a 530 2 years ago to what was a 700. Any help/info would be greatly appreciated.
Message 1 of 9
8 REPLIES 8
Anonymous
Not applicable

Re: Illegal Credit Reporting - Help

Send them a DV  CMRRR!!      read & make all changes needed
 
 
CERTIFIED MAIL #: _______________________________________________________
Your Name
Your Address
YourTown,, State ZipCode

Debt Collection Company Name
Their address
Town, State ZipCode

Date:

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on DATE. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.
All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:
• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.
I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

Best Regards,

Your Name
 
 
 


Message Edited by HappyDays on 04-12-2008 03:18 PM
Message 2 of 9
Anonymous
Not applicable

Re: Illegal Credit Reporting - Help



dawn217 wrote:
I just saw my score dropped 51 points due to a collection. Here is the big problem. I called the reporting company and they said it was from 1992 just reported in 4/2008, was with a company that i had service with up to last year and they never said i owed them money. Now I know what they did was illegal as they only have 7 years to report. And they know it is not my debt as I didn't live at the address they claimed the service was at. What can I do?? They say I can dispute it but they will not report as an error on therir part, but that will not bring my score back to what it was and we were getting ready to refi. Is getting an attorney going to get my score back to where it was (702)would it be beneficial to sue as to the financial damage they just cost me? I am so angry have worked so hard to get our scores from a 530 2 years ago to what was a 700. Any help/info would be greatly appreciated.


What do you mean from 1992? That is when you began service or that is when it went delinquent?
 
If it was from last year, they can report.




Message Edited by sidewinder on 04-12-2008 03:21 PM
Message 3 of 9
Anonymous
Not applicable

Re: Illegal Credit Reporting - Help

They said 1992 was the date of last activity. Totally ILLEGAL ACT what they did. Company that reported it was RPM
Message 4 of 9
Anonymous
Not applicable

Re: Illegal Credit Reporting - Help



dawn217 wrote:
They said 1992 was the date of last activity. Totally ILLEGAL ACT what they did. Company that reported it was RPM



Who? The CRA?
 
Do you access your reports online, like through a monitoring service? If you do, can you copy/paste the entry(bleeping out personal info).
 
That doesn't even sound right, as the CRA should know that is past CRTP and shouldn't allow it.
Message 5 of 9
Anonymous
Not applicable

Re: Illegal Credit Reporting - Help

they changed the delinquency date to 12/2007. But the CRA (RPM) when I called them, said the delinquency date was from 1992. So not only did they report something that was, not mine, over 7 years old but they also changed the delinquency date.
Message 6 of 9
Anonymous
Not applicable

Re: Illegal Credit Reporting - Help



dawn217 wrote:
they changed the delinquency date to 12/2007. But the CRA (RPM) when I called them, said the delinquency date was from 1992. So not only did they report something that was, not mine, over 7 years old but they also changed the delinquency date.



CRA= Credit Reporting Agency-- TU, EX, EQ
 
CA = Collection Agency
 
Changing deliquency date is a no no. Definitely send that DV to the CA that HappyDays posted.
 
I'd contact the OC and ask them to send you your last statement or a statement showing you in good standing, just so you have that to send to the CRA if needed.
Message 7 of 9
Anonymous
Not applicable

Re: Illegal Credit Reporting - Help

Sorry bout the abbreviations first time posting.Smiley Happy Original creditor can not find anything at all. The problem is no body will give me anything in writting. Have requested documents from all involved and they all say the have nothing they can send. I am getting extremly frustrated. Will absolutly send they letter but do you think it is going to bring my score back? Will the damage be fixed?
Message 8 of 9
Anonymous
Not applicable

Re: Illegal Credit Reporting - Help

Send this with the DV letter     TYPE your name do not sign either
 
 
Your Name
Your Address
Collector's Name
Collector's Address
RE: [insert account number or name of account or name of debt]:
Dear [insert collector's name or company name],
This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2005], concerning the collection of the above referenced [account or date].
I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or the state in which the contract was signed) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired.
This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.
Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.

Message 9 of 9
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