national credit solutions!!!

[Anonymous]

Well.. I have been locked in a battle with ncs for several months now over a bmg acct they say is mine from 2004.  But it just popped up on my EX CR.  My problem is... I disputed it with EX a couple of times, both times it came back verified!!!! (HOW I dont know), Now I have sent a DV letter to them CMRRR, was signed for on june 01, 2009.  Havent heard anything back.. so I called EX and the lady (ilene) told me that unless they receive something from ncs or bmg they wont remove it!!!!!  So....my question is arent they suppose to remove it??? if not, what is the point in the DV letter????

[Anonymous]

Wait until after the 4th of July holiday. Then if you have no answer from them send: copy of the DV letter, copy of the GC and cert # to each CRA reporting. make sure that you mail it CMRRR.

read it and make all correction or additions needed.

Your name

Address

City,StateZzip

CRA Name

Address

City,State Zip
 

Date

RE: Account #_________/Original Creditor’s Name

Dear CRA::

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 “collection agency” do what is legally mandated by the FCRA and FDCPA, and delete the account listing.

Name of Creditor/collection agency, Account #_________

On XX XX 09, "Collection agency" 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, XX XX,09 they have failed to provide any proof or respond in any way.

On XX XX,09, I sent a second letter. Again,I have received no response. Attached is a copy of the letter and U.S.post office showing they did receive that letter.

The FDCPA states they Must cease collection activity until they produce 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 XX months since it was requested.

Also, when an alleged debt is disputed, a notation must be entered on the debtors report showing the item as in dispute. Again this was not done. Another violation of the FDCPA.(DELETE THIS PARAGRAPH IF IT DOES NOT APPLY).

As per the FCRA, if no proof of debt exists, it may not be reported to the credit bureaus.The FCRA also states that the credit reporting agencies must receive 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

Your Name PRINTED ONLY

Message Edited by HappyDays on 07-01-2009 07:45 PM

[Anonymous]

Thank you for the reply.  I am at my wits end with this!!!  To have soo many complaints against them, this company sure do seem to know what they are doing as far as keeping things on people's credit!!!  I have filed disputes with the CRA (EX only), I filed a complaint with the BBB in their state, I filed a complaint with the FTC and also filed a complaint with the attorney general's office and i also contacted the OC (BMG) and they cant even find the acct at all.  Im going to do what you suggested and if that doesnt work, I dont know where to go from there!!!  Wish me luck.  I will post when I know more.

[Anonymous]

Thank you for the details, I filed a dispute online with EX and EX update me saying that the investigation is complete. I asked them if they got any validation for the so called debt from NCS and they told me they are not required to obtain validation. The company only has to reply to the dispute and state if it has to be removed, deleted or remain. I find it bizzare. I have sent 2 certified letters asking for proof one of them was recieved the 2nd was not even picked up by the company. I will send this letter you have posted in a day or 2.

I need some advice on what my rights are if the debt cannot be validated what are my legal rights.

Please advice.

Thanks

[corkyduckfan]

Listen closely.  I have said this before and I will continue to say it.  If said company is falsley reporting info and reporting it inaccurately, take the CA to small claims.  If everything you say is true, then you have nothing to worry about.  You will get a call from their lawyer befor 30 days and will be offered a settlement with full deletion, or at the VERY least, it will disappear.  It cost these bloodsuckers more money to show up in small claims court then to settle with you.  Just this year, I have sued 2 collection agencies and I won both times.  Both times their lawyer ended up calling me and after haggling over the amount, they paid me a small amount of money and agreed to delete the tradeling both times.  Before I went to small claims, I tried to complain to BBB, AG, credit reporting agencies( they don't care in case u are wondering), the CA's themself, and even filed a police report.  They thing that really made it happen and sped it up was filing a small claim in my state.  Best of luck.

[Anonymous]

EX is correct they never get validation from the CA. You get that in a DV to the CA.

If they do not answer the 2nd DV the post  office will send you the GC stating that it was refused or returned for some reason. make sure that you wait for that!

Send copies of both DV letters and both cert #s and GC,

In the letter add that the second certified letter was returned (for whatever reason that the post office says)

If it is not deleted and the CA does not validate then you may file a law suit in small claims court.

[ECHOBOI4U]

We filed against NCS also and won BUT you HAVE ot file the small claims in the state that THEY are in, not your state (law).  I consulted 2 judges and  a lawyer that all said this and the fact that a judge WILL dismiss a case if not filed in the CA's state of business.  You got lucky they settled.  Ours settled too on a bogus collection claim in Jan 09.  We filed with the state AG, BBB, and FTC.  We laid claim to 4 FDCPA and 2 FCRA violations as well as failure to provide a dunning letter.  These guys at NCS are young, scum punks that think they can win at what one called "the collection game."  Well, our knight checkmated their king and queen.  You can do it too.  They had to remove from all three CRAs and crawl away licking their wounds.

[ECHOBOI4U]

We inducate old paid accounts with dispute 2 to 3 times a month and every now and then they forget to respond in 30 days to the CRA and it goes away.  Make 'em sweat it out.