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New Contributor
Applebee
Posts: 74
Registered: ‎05-10-2007

What do I do now?---SOMEONE HELP!!!!

I sent out a DV to a collections agency (who is presently showing up on my TU and EX cr's) and gave them a 30 day deadline to prove it was my debt.  The date is coming up and I have proof I sent it since I did a certified with return receipt.  What is my next step (do i write to the CRS's and attach a copy of my proof that they won't even work with me)??  The bill is for 760 bucks--alot of money by my standards.  They are very nasty and swear that you can't delete if I pay, so I won't.
Frequent Contributor
nikkoslilmouse
Posts: 259
Registered: ‎03-13-2007

Re: What do I do now?---SOMEONE HELP!!!!

What was the DOLD on that account. I would send your proof to the CRA's and dispute as not mine.
Moderator Emeritus
Tuscani
Posts: 6,182
Registered: ‎03-29-2007

Re: What do I do now?---SOMEONE HELP!!!!

Modify the letter below for your situation.
 
 
---
From:
My Address
 
To: CRA
CRA Address
 
Date: June XX,2006
 
RE: Account #XXXXXXX/ Arrow Financial Services
 
Dear Sir/Madam:
 
This is a request for deletion of a disputed item. I have attempted to have this alleged debt verified by the alleged creditor and collection agency to no avail. I am respectfully requesting that Experian do what is legally mandated by the FCRA and FDCPA, and delete the account listing.
 
Arrow Financial Services, Account # XXXXXXXX
 
On March 21, 2006, Arrow Financial Services received a demand for validation from me. Attached is a copy of that letter along with the U.S. Post Office return receipt showing they did indeed receive the request. As of today, June XX, 2006, they have failed to provide any proof or respond in any way.
 
On May 2, 2006, I sent a second letter. Again, I have received no response. Attached is a copy of the letter and the U.S. Post Office showing they did receive that letter.
 
The FDCPA states they must cease collection activity until they have produced verification of the alleged debt if so requested. As per the FTC, this includes reporting to the credit bureaus, which they obviously have done illegally. It is quite evident that no such proof of this alleged debt exists or they would have provided it in the previous 3 months since it was requested.
 
As per the FCRA, if no proof of debt exists, it may not be reported to the credit reporting bureaus. The FCRA also states that the credit reporting agencies must accept written proof from the debtor.
Therefore, I am not asking for an investigation to be done, I am requesting that the entry be deleted in its entirety as there is no proof of its existence as evidenced by my attached documented proof.
 
Sincerely,
 
Senior Contributor
Noah_Bodie
Posts: 4,635
Registered: ‎03-11-2007

Re: What do I do now?---SOMEONE HELP!!!!



Applebee wrote:
I sent out a DV to a collections agency (who is presently showing up on my TU and EX cr's) and gave them a 30 day deadline to prove it was my debt.

In response to a timely DV, they must either validate or cease collection efforts. FDCPA says they have to cease, but there's no hard and fast rule as to how soon they have to cease.
 
6 weeks from the date on the RRR green showing they got your DV letter, use Tuscani's letter, modified to fit your situation, and send it CMRRR. Also, at that time, dispute with the CRAs and include a copy of your DV letter in effect telling the CRAs, "I requested validation, I didn't get it, they have to cease collections and delete this."
 
New Visitor
adam
Posts: 2
Registered: ‎07-10-2007

Re: What do I do now?---SOMEONE HELP!!!!

I should have read this post first- I just posted about the same situation!
 
 
Senior Contributor
Noah_Bodie
Posts: 4,635
Registered: ‎03-11-2007

Re: What do I do now?---SOMEONE HELP!!!!



adam wrote:
I should have read this post first- I just posted about the same situation!

adam, your situation seems slightly different. I responded on your post. Asking your question was the right thing to do.
New Contributor
Applebee
Posts: 74
Registered: ‎05-10-2007

Re: What do I do now?---SOMEONE HELP!!!!

Thanks everyone.  I will give it a go and hopefully TU and EX will cooperate with me.  But here is something really strange.  I just used the FICO simulator and punched in a simulation for paying off all my cc and then another for paying off all except $200 of it and the one where I left a balance was way higher.  Is this the whole 1-9 utl theory in effect?
Senior Contributor
Noah_Bodie
Posts: 4,635
Registered: ‎03-11-2007

Re: What do I do now?---SOMEONE HELP!!!!



Applebee wrote:
I just used the FICO simulator and punched in a simulation for paying off all my cc and then another for paying off all except $200 of it and the one where I left a balance was way higher.  Is this the whole 1-9 utl theory in effect?

What's the current util on your CCs? Individual and overall?
 
New Contributor
Applebee
Posts: 74
Registered: ‎05-10-2007

Re: What do I do now?---SOMEONE HELP!!!!

I just took out a personal loan and paid everything off.  My CL'S and avai are 11750.  So I'm thinking using 1 percent.  Is it okay to just charge that one percent to 1 card or alternate cards?

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