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The basics:
Up until a few weeks ago, I had excellent credit. No late payments, no delinquencies, no bad debt. So I have no idea how to go about writing a letter accurately to dispute a bad mark on my credit.
I pulled my credit report and saw the following:
FOCUS RECEIVABLES MANA (678) 305-9606
Account Name: FOCUS RECEIVABLES MANA
Payment Status: Seriously past due date / assigned to attorney, collection agency, or credit grantor's internal collection department
Account Type: Collection Account
Balance: $250
Date Open: 05/01/2014
Last Updated: 07/01/2014
Account Status: -
Terms: 1 Month
Phone #: (678) 305-9606
Address: 1130 NORTHCHASE PKWY STE
Ownership:
Original Creditor: TIME WARNER CABLE
Credit Limit: -
Monthly Payment: -
Past Due Amount: $250
I have never opened an account with Time Warner Cable, and I never received contact from Focus Receivables. I never received a phone call from them and I never received a letter in the mail stating I had a debt with them or Time Warner. All of this is completely foreign to me. They have now reported me as a Fail To Pay for two months (July, August) and it dropped my score down significantly.
I did some Googling and found they are a very difficult collection agency/junk debt buyer to deal with. I would have my attorney go after them, but an hour of work would equal the total that is due to this company.
What should I do? Write a letter to them and the credit bureaus? If so, what is the proper template letter to send to them? Should I threaten arbitration? I have never had contact from them and I want this creditor to remove this debt from my report as it is not mine.
Thank you in advance.
I'd really like some help on this...
@Anonymous wrote:The basics:
Up until a few weeks ago, I had excellent credit. No late payments, no delinquencies, no bad debt. So I have no idea how to go about writing a letter accurately to dispute a bad mark on my credit.
I pulled my credit report and saw the following:
FOCUS RECEIVABLES MANA (678) 305-9606
Account Name: FOCUS RECEIVABLES MANA
Payment Status: Seriously past due date / assigned to attorney, collection agency, or credit grantor's internal collection department
Account Type: Collection Account
Balance: $250
Date Open: 05/01/2014
Last Updated: 07/01/2014
Account Status: -
Terms: 1 Month
Phone #: (678) 305-9606
Address: 1130 NORTHCHASE PKWY STE
Ownership:
Original Creditor: TIME WARNER CABLE
Credit Limit: -
Monthly Payment: -
Past Due Amount: $250
I have never opened an account with Time Warner Cable, and I never received contact from Focus Receivables. I never received a phone call from them and I never received a letter in the mail stating I had a debt with them or Time Warner. All of this is completely foreign to me. They have now reported me as a Fail To Pay for two months (July, August) and it dropped my score down significantly.
I did some Googling and found they are a very difficult collection agency/junk debt buyer to deal with. I would have my attorney go after them, but an hour of work would equal the total that is due to this company.
What should I do? Write a letter to them and the credit bureaus? If so, what is the proper template letter to send to them? Should I threaten arbitration? I have never had contact from them and I want this creditor to remove this debt from my report as it is not mine.
Thank you in advance.
I would say start with a debt validation to validate that it belongs to you, the CA has to provide proof that the debt is legitimate, and that you are the person who legally owes the debt and that the CA has the right to collect the debt from you.
@New_Beginning wrote:I would say start with a debt validation to validate that it belongs to you, the CA has to provide proof that the debt is legitimate, and that you are the person who legally owes the debt and that the CA has the right to collect the debt from you.
+1
And because you have never had Time Warner this could be a case of identity fraud.
Thank you so much!!
Would this work?
Focus Receivables Management
1130 Northchase Pkwy SE
Marietta, GA 30067
RE: Account Number ____________
To Focus Receivables Management:
I'm writing you in regards to an account on my credit report(s) you claim I owe. Since I'm unaware of this debt and its origin, I'd like to formally request valdiation of this alleged debt. To be clear, I am unaware of this debt and according to the FDCPA, I'm disputing this alleged claim and need complete, irrefutable evidence this account is legitimately mine and this claim is legally yours, you are legally allowed to collect on it, as well as report it to the credit reporting bureaus.
I would need, at a minimum, the following information:
I am sure you are aware if you are unable to provide these few basic facts, you are in violation of the FCRA and FDCPA, as well as potential state and local laws. That being said, if you cannot provide this basic information, and continue to report this unverified, non-validated debt, I will pursue this legally for the following reasons:
Until this debt is validated, if even possible to validate, I expect the above account be removed from all credit reporting agencies, since it is unverified and has not been validated. If you continue to report this unverified, non-validated debt, I will be seeking legal counsel over this matter. We are both aware a debt that has not and may not be validated cannot be reported as accurate information within my credit file(s). Please remove all referrences regarding this debt from all reporting agencies until you can provide irrefutable evidence this debt is legitimate and you are legally allowed to collect on it as the owner of this debt.
If you are unable to provide the proof I requested within 30 days of receipt of this notice, please remove this account from all reporting agencies, which is mandated under federal law.
This is an attempt to collect information and/or correct the record. Any and all information collected shall be used for that purpose.
Thanks,
Me.
Yes, remember not to sign your name. Your typed name would be good enough.
Thank you, thank you, thank you. You're a godsend. I'll let you know what happens.
Would it help to state that I was never contacted before they reported it to my credit? Should a copy go to the credit bureas?
You guys are great. Thanks very much.
So what happened with your letter? I've just had this same thing pop up on my report, and I've not had a account with Time Warner before. I am very pissed about this too, since I've had my credit completely cleaned up for the almost a year now owing no one. It's really strange that this popped up on my credit report almost 3 days after I cancelled my account with Lexington Lawfirm. Not saying there is any connection, just seems ironic.
Starting Score: [Equifax] 610 [TransUnion] 579 [Experian] 556
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@munkyBeatz wrote:So what happened with your letter? I've just had this same thing pop up on my report, and I've not had a account with Time Warner before. I am very pissed about this too, since I've had my credit completely cleaned up for the almost a year now owing no one. It's really strange that this popped up on my credit report almost 3 days after I cancelled my account with Lexington Lawfirm. Not saying there is any connection, just seems ironic.
You should send a DV as well.
The easiest way to handle this type of item is to have it excluded under the Identity Theft provision of FCRA. Swear out an affidavit with Law Enforcemnet agency that you never authorized the account, and the CRA's are required to remove it.