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Need Help in Disputing Collection Record

sisu1996
Member

Need Help in Disputing Collection Record

Need help from experts here:
 
I am about to make a home purchase in the next 6 months. As such, I purchased myFICO's 3-in-1 products. I found a collection record that I was never aware of: My Equifax shows a collection of $27 assigned on Dec 2005 but reported Mar 2008. I checked my Equifax report in Jan this year and it was not there. I never received any collection letter of this amount, and it is just werid to see such a long hiatus between assign and report date, if it did happen...
 
My question: FICO gives me the dispute channel. However, is there a way to find the detailed info (e.g. name, contact, etc.) of the collection agency? If I did incur the collection unawares, I want to settle it first. If not, contacting the collection agency is still preferable since the credit bureaus are just siphoning info from it.
 
By the way, approximately how many points does one collection incident take off the score? And does paying off the collection improve the score versus leaving it dangling there?
 
Thanks a lot!


Message Edited by sisu1996 on 04-05-2008 08:51 AM
Message 1 of 19
18 REPLIES 18
HappyDays
Moderator Emeritus

Re: Need Help in Disputing Collection Record

Because this is being reported by a CA   you would send them a DV letter   CMRRR
 
They have 30 days to answer or stop all collections (including reporting)
 
If or when they answer make sure that it is your debt!!!!   also check your state & see if CAs must be licensed or bonded....if so  are they?
 
make all the changes needed on this letter     do not sign it  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

Of course never sign the DV 
Message 2 of 19
sisu1996
Member

Re: Need Help in Disputing Collection Record

Thanks for the template. I definitely will use it. However, I cannot use it yet. My credit reports only shows a "code name" (e.g. 146yc00000) for the debt collection company without any additional information. I don't know its full name and address. How could I find out?
Message 3 of 19
HappyDays
Moderator Emeritus

Re: Need Help in Disputing Collection Record

It should be on your CR....the weird account # usually means that it is medical
Message 4 of 19
sisu1996
Member

Re: Need Help in Disputing Collection Record

I have gone over the reports several times. All pertinent info regarding collection is as follows:
 
The collection agency "146yc00000" was hired to collect a debt of $27 originally owed to "Not reported" on account number "15OP".
 
Is this normal? I cannot find a way to know the full name and contact info of the collection agency based on the reports...
Message 5 of 19
zoro
Visitor

Re: Need Help in Disputing Collection Record

Hi,

 

Just wanted to see if you found what was it. I just got a collection reported on my credit report with the same collection agency 146yc00000 and no more useful info. I have no clue what it might be, since I religiosly try to keep my credit clean. Also on the market for a new house.

 

Please let me know.

 

Thanks in advance

Message 6 of 19
llecs
Moderator Emeritus

Re: Need Help in Disputing Collection Record


@zoro wrote:

Hi,

 

Just wanted to see if you found what was it. I just got a collection reported on my credit report with the same collection agency 146yc00000 and no more useful info. I have no clue what it might be, since I religiosly try to keep my credit clean. Also on the market for a new house.

 

Please let me know.

 

Thanks in advance


Unfortunately (or fortunately depending on how you look at it), myFICO and other 3rd-party report providers will sometimes mask the OC and CA's name, possibly out of privacy. Sometimes, but not always, this could indicate a medical collection. To know who it could be for sure, you'd need to pull your CR directly from the CRA(s). You can do so for free once a year via annualcreditreport.com.

Message 7 of 19
RobertEG
Legendary Contributor

Re: Need Help in Disputing Collection Record

DV letters under FDCPA 809(b) relate to collection activities, and not directly to dispting credit reporting.  Credit reporting disputes are handled under the FCRA.. I am not saying dont send a DV.  Just dont consider it a dispute.

If you DV the debt collector, that only requires them to cease further activiities until such time, of their choosing, that they provide requirement elements of verification (the name and address of the OC, and the asserted amount of the debt). You cant require response from them within 30-days, and cant demand CR deletion based on expiration of a period you set for them to respond.   Most of the other suggested "full media validation" items demanded are not required elements of response to a DV letter. They are discoverble items in pre-trial court proceedings, but are not mandated byt the FDCPA.

One example is requring them to provide proof of SOL.  Assertion of expiration of SOL as a basis in court for opposing a legal action, requires proof on your part, not theirs.  It is not their job to develop your potential legal defense.  Also, you have no right to demand 30-days from a DV response by them to evaluate their response, and demand the continued cessation of collection activities during this "evaluation period." 

 

If dispute  of their posting to your CR is your goal, you should send a dispute under FCRA 611(a) to the FCRA, or send a dispute directly to the CA under FCRA 623(a)(8)  (so-called "direct dispute").  This process both requries a period for their response, with the outcome of CR deletion for failure to timely respond within 30/45 days.  DV letters require neither of those.

 

 

 

Message 8 of 19
O6
Senior Contributor

Re: Need Help in Disputing Collection Record

A timely FDCPA DV request mandates cesation of all collection activities.  Credit bureau reporting is a collection activity and, as such, must cease pending a proper reply, if any, to the DV request. 

 

 

IAALBNYL
Message 9 of 19
O6
Senior Contributor

Re: Need Help in Disputing Collection Record


@HappyDays wrote:
Because this is being reported by a CA   you would send them a DV letter   CMRRR
 
They have 30 days to answer or stop all collections (including reporting)
 
If or when they answer make sure that it is your debt!!!!   also check your state & see if CAs must be licensed or bonded....if so  are they?
 
make all the changes needed on this letter     do not sign it  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

Of course never sign the DV 

This letter is kind of funny ... mostly for the reasons Robert has already pointed out.

 

It is settled law that any idea that a proper response to a timely made DV must contain anything more that the original creditor's name, the amount of the alleged debt, a reconciliation of the amount above and beyond the principal owed and, if applicable, documentation of any judgment is but an old wives tale.

 

Once a proper DV response is made, the debtor can be immediately and without further notice subject to all lawful collection activities.  That the debtor has 30 days to "investigate" the DV response is also not true.

 

I think Robert has written a model DV request before which was simple and to the point.  I would do a search to find it and use it.  Were I an attorney for a creditor and received the above letter I would probably post it on the office's bulletin board for all to have a look.

 

 

IAALBNYL
Message 10 of 19
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