I got Columbia House to delete it working through their collection agency. The debt was 10 years old, they couldn' t prove that I had ordered it (it was for a movie I never would have ordered, but either my teenage daughter or a teenage foster child might have), and in Pennsylvania, they would have had to try to get me to pay for it within four years - but they waited ten years, they never sent me any letter, I never was notified by the collection agency that the item was placed on my credit report - they violated a slew of laws. I told them to either prove I had personally ordered it (they couldn't) or expect to hear from the state attorney if they didn't resolve the situation.
They resolved the situation. (yay!)
Starting Score: 2014 775
Writing to them is better than calling them. When you call them, it's your word vs. their word as to what exactly was said. You don't mention what state you are in, but that can make a difference. For Pennsylvania residents, most bad debts older than four years can be eliminated. (I say most; tax debts, etc. are not subject to that four-year limitation).
In regards to Columbia House, you can write them either via regular US Postal mail or you can try emailing them.
You will need to argue that your daughter was not of legal age to enter into a contractual agreement. Be aware that she might have signed up for it and now, four years later, not even remember clicking on a banner ad and saying "Yes" to a free movie or music dvd, but that if she did so, she might have indicated that she had parental permission to join.
I can show you the text of the letter I sent, but you'll need to change some of it to fit YOUR specific situation. The email address I wrote is was customer.service@memberservice.com. Please do not just copy what I wrote and send it to them, it won't make any sense for your situation. The letter below is what got them off my back.
"
<note - change the specifics in red to suit your situation>
Dear Customer Service,
I have repeatedly asked for proof of this debt. I have asked for proof of how I was enrolled or made this purchase. Hannibal Lector is not the type of movie I would have ever selected and I suspect that any account you have in my name may have been set up fraudulently. You have not provided that. I am asking for a copy of the enrollment form with my signature, where the bills were sent to, where the shipment was sent to, etc. I would also like to point out that I have received conflicting information from you and the credit agency. I would also like to see any proof of any letters you or the collection agency supposedly sent, as I never received anything. I recommend you forward this email to your company's general counsel.
First you told me that there was no account in your system.
Three days later, you suddenly find an account.
The collection agency told me this account was initiated in "2004 or 2005".
Now you are telling me I signed up for this on 2/02/2001.
I have repeatedly asked for proof of this debt. I have asked for proof of how I was enrolled or made this purchase. Hannibal Lector is not the type of movie I would have ever selected and I suspect that any account you have in my name may have been set up fraudulently. You have not provided that. I am asking for a copy of the enrollment form with my signature, where the bills were sent to, where the shipment was sent to, etc. I would also like to point out that I have received conflicting information from you and the credit agency. I would also like to see any proof of any letters you or the collection agency supposedly sent, as I never received anything. I recommend you forward this email to your company's general counsel.
First you told me that there was no account in your system.
Three days later, you suddenly find an account.
The collection agency told me this account was initiated in "2004 or 2005".
Now you are telling me I signed up for this on 2/02/2001.
<note - the following two sentences are specific to the state of Pennsylvania. You'll need to see if your state has a similar limitation>
Are you aware that in Pennsylvania the statute of limitations for bad debt collection (assuming this debt was valid, which I still am disputing) is four years?
By your own records, you are in direct violation of Pennsylvania law, attempting to collect a debt which clearly is well over four years in age.
“This is a Notice of Direct Dispute with you, under the provisions of FCRA §623(a)(8)(D), of the accuracy of information you have reported to my credit file. "This is also a written request of debt validation under FDCPA 809(b. “In compliance with FCRA §623(a)(8)(D), and enacting regulations published at 16 CFR § 660.4, this Notice of Direct dispute includes:
“Identification of the specific information being disputed:
Account Number: <if you have an account number displayed on your credit report, put it here>
Account Number: <if you have an account number displayed on your credit report, put it here>
“Basis for the dispute:
1. I dispute that I ever signed up for a Columbia House account.
2. I never received anything from Columbia House.
3. I never received any notification from Columbia House NOR from the collection agency that a debt supposedly existed, but you put this debt on my credit report without proper dunning notices to me.
4. I have asked repeatedly for proof of this debt and have not been given all of the information I requested: copy of enrollment form, address product and letters were sent to, etc. If you are unable to provide me with appropriate documentation, then you have no basis to claim this is a valid debt.
5. Presuming this was a valid debt, it is well past the <insert the name of your state> Statute of Limitations for collecting old debts (four years). According to my TransUnion credit report, this item was placed for collection on <insert date this was put on credit report>, which is more than nine years.
Under the provisions of FCRA §623(a)(8)(E) and 16 CFR §660.4,, you have the duty to review all of the information I have provided to you, to complete your investigation of this Direct Dispute within 30-days of my Notice of Direct Dispute, and report back to me the results of your investigation within 5-days of your completion of your investigation.
1. I dispute that I ever signed up for a Columbia House account.
2. I never received anything from Columbia House.
3. I never received any notification from Columbia House NOR from the collection agency that a debt supposedly existed, but you put this debt on my credit report without proper dunning notices to me.
4. I have asked repeatedly for proof of this debt and have not been given all of the information I requested: copy of enrollment form, address product and letters were sent to, etc. If you are unable to provide me with appropriate documentation, then you have no basis to claim this is a valid debt.
5. Presuming this was a valid debt, it is well past the <insert the name of your state> Statute of Limitations for collecting old debts (four years). According to my TransUnion credit report, this item was placed for collection on <insert date this was put on credit report>, which is more than nine years.
Under the provisions of FCRA §623(a)(8)(E) and 16 CFR §660.4,, you have the duty to review all of the information I have provided to you, to complete your investigation of this Direct Dispute within 30-days of my Notice of Direct Dispute, and report back to me the results of your investigation within 5-days of your completion of your investigation.
Should you find the disputed information to be inaccurate or incomplete, or you cannot verify the accuracy or completeness of the disputed information, you are additionally required, under FCRA 623(b)(1)(E), to promptly notify the credit reporting agencies of deletion of this information from my credit file.
I additionally note that you have reported your collection activity to my credit file with one or more credit reporting agencies. This act of your credit reporting constituted, under the provisions of FDCPA 809(a), your statutory obligation to have provided to me, by a formal, written collection ("dunning") notice, advisement of my debt validation rights within 5-days of that reporting. You did not, and have still not, complied with this statutory obligation.
Thus, in addition to response to this direct dispute of your credit reporting, I also request prompt validation by you of the debt, under the provisions of FDCPA 809(b). You are, of course, to cease all further collection activites regarding this matter until full debt validation has been provided, as requried under FDCPA 809(b).
I am additionally contemplating filing a formal complaint with the Federal Trade Commission for your clear violation of FDCPA 809(a), so I suggest prompt response on your part. I will not contact an attorney regarding this matter for a period of fourteen days in order for you to work on resolving this matter, however, I reserve the right to contact
the <insert the name of your state> Office of the Attorney General at any time."
