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New to board - disputing a collection

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meld9672
Established Member

New to board - disputing a collection

Hello all, I'm new to this board and have been doing a lot of reading all morning! I still have a lot to learn but I'm hoping some of you can help shed some light on the proper way to go about this situation. Please bear with me -- it's a bit long and I'm feeling a bit desperate and time crunched Smiley Happy
 
I began to be called by a collections agency last summer in regards to a debt from a student loan. I thought this was strange as two of my loans were consolidated and is paid by my mother and the other is paid by myself and always has been on time. I contacted the school and they advised that the consolidation had caused me to fall a month behind but other than that, things were fine.
 
Then, a few months later I received a letter in the mail. I had moved about 4 times since leaving school so whether or not things got sent elsewhere, I have no idea. It stated that I owed a balance of about $2899, from a balance from my student loan from my last semester in school.
 
My last semester I had enrolled, stayed about a week and then completely widthdrew without having even attended any classes. The balance from that time frame (I assumed) is what I was paying the student loan on, as why would I be paying for a loan for a full semester's tuition when I had left way before the cut off date for widthdrawl. I requested to get information on this money I was supposed to be paying on, the school advised that it was a check I had to have picked up in person from the student cashier's office at the beginning of the semester as there is no way this check would have gone anywhere else. They said they'd send me a copy of the check.
 
When I received the check, it was for the amount of $2879. So $20 difference from the balance that the CR is holding me accountable for. But -- the copy of the check showed it had been direct deposited, not one that was picked up and cashed. Then, when I got a copy of my bank statement from the few months around that time frame, there is not a single desposit into my account  for anything in the amount of $2800 at any range! Only similary deposit is for the amount of $26xx. So I don't have anything matching the copy of the check that was placed into collections, or the amount that the collections agency is holding me responsible for.
 
They've been getting very agressive recently and I am going to put a letter together to stop calling me, as I don't need voice mails left from their 'legal department' on my work line. But I also want to figure the best way to dispute this. Is it better for me to just request proof? Or would it be better for me to send a copy of this check and copies of my bank statements showing the fact that this check was never deposited into my account as they are claiming it is?
 
Also -- I have 2 inquiries effecting my credit report from this collections company showing up. Are they allowed to do this??!
 
Thanks for any help you may have!!
Message 1 of 5
4 REPLIES 4
llecs
Moderator Emeritus

Re: New to board - disputing a collection

I would DV them. There are great DV letters here in the forum, or search in the search box above. A DV letter requires them to prove that you owe the debt. Don't send anything with it at all. Wait for their response. If you feel you do owe money, start saving. You can offer a pay-for-delete at a later date.
 
There is a debate ongoing in these forums whether a CA has permissible purpose to pull your CRs. I say yes based on the Fair Credit Reporting Act.
 
Welcome to these forums, BTW.


Message Edited by llecs on 04-21-2008 02:20 PM
Message 2 of 5
meld9672
Established Member

Re: New to board - disputing a collection

Oh also, is it a good idea to also report this to TU, EX and EQ as incorrect information while I try to deal with the CA? Or is it best to just ride things with the CA out and let them sort out the credit reporting agencies?

 

Message 3 of 5
llecs
Moderator Emeritus

Re: New to board - disputing a collection



meld9672 wrote:

Oh also, is it a good idea to also report this to TU, EX and EQ as incorrect information while I try to deal with the CA? Or is it best to just ride things with the CA out and let them sort out the credit reporting agencies?


I look at disputing as a trump card. Don't use it too early. Quite often it is a computer (CRA's) that talks to computer (CA's). If it comes back as verified, at least from what I read in here, it makes it harder to remove in the future. Unless you have rock solid evidence against the CA, I would do the DV route first.
Message 4 of 5
meld9672
Established Member

Re: New to board - disputing a collection

Would the fact that I have a copy of the check in question and a copy of my bank statement showing that check never existed in said account, be considered rock solid evidence?
Message 5 of 5
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