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Collection Account Help?

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goose3500
Contributor

Collection Account Help?

I currently have CA Fan Distributing $3763.00 showing up as a installment account on EQ.  It originated from a Bank of America account with a 700 dollar credit limit, in November this year seven years will have passed and it will be deleted on EX and 2/2009 for EQ.  It was erased on my TU and my EX shows it as CA, for some reason or another EQ show it as a installment which is over a 120 days late.  I checked MYFICO CR from EQ, Truecredit and it says i have no collection account on my EQ but Fan distributing is collection company, collecting on behalf of B.O.A  When i called EQ some forgiegn lady pick up, she had a heavy accent and did not understand my dilema.  For years this CA has been reporting false information such as payment history (which i never made) and balances (that is why it was erased from TU).  The reason why i am so concern about this account is because whatever points I get from paying CC and SL on time this account reports and take the points right away.  I was told the longer the account stay on your credit report the less effect it will have on your credit and this account is six years and some months but yet has devastated my credit.  I disputed the information but they never erase it, i just filed another dipute yesterday.  Should i write a lenghty letter with all the evidence i have to get this account deleted. I need some advice?
Message 1 of 8
7 REPLIES 7
Anonymous
Not applicable

Re: Collection Account Help?

Send the CA a DV  CMRRR   and if you are past SOL send the past SOL letter with it.
 
Make all changes needed   do NOT sign either  just type your name!
 
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   typed
 
PAST SOL LETTER
 
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.



Printed Name
Message 2 of 8
goose3500
Contributor

Re: Collection Account Help?

should i send both these letters.
Message 3 of 8
Anonymous
Not applicable

Re: Collection Account Help?

Message 4 of 8
goose3500
Contributor

Re: Collection Account Help?

I do not understand the SOL because in my state Washington DC it is three years but the credit reporting agency told me that it will remain my report until seven years of the last payment.
Message 5 of 8
Anonymous
Not applicable

Re: Collection Account Help?

You are confusing SOL with CRTP
 
CRTP is federal....how long it can remain on your CR......baddies 7-7,5 years from DOFD/DOLA (which is set by the OC not the CA)
 
SOL....states set their own SOL
 
DC  is 3 years across the board!   It means that  3 years after it was COd  they can file suit but they will not win because you are past SOL
Message 6 of 8
goose3500
Contributor

Re: Collection Account Help?

thanks for solving my problem, i do not believe they will verify because it is due to expire. thanks
Message 7 of 8
Anonymous
Not applicable

Re: Collection Account Help?

Your very welcome
Message 8 of 8
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