Collections Reported on my Credit Report. Score drops by 108

[Anonymous]

I would call the national office and ask for the Account Receivables department.

[Anonymous]

OK. I just filed online on the FTC website against the CA.

Going to file on BBB online via the CA as well. I assume i have to file in the BBB where the CA is located? In this case Maryland?

What about the AG complaint? Is that also where the CA is located?

On the Complaint to AG or BBB and FTC do u talk about the violation of FDCPA 809?

I have done a Stop Payment on my Check.

Message Edited by dealaddict on 12-18-2008 04:50 PM

Message Edited by dealaddict on 12-18-2008 05:27 PM

[Anonymous]

Oh and before I send the ITS letter, I want to understand this correct so rephrasing all that has happened and my understanding on what I can do.

In October when I checked my Credit score, I noticed a drop in my score. 

I checked my report and saw a collections report from Fair Collections and Outsourcing. The CRA report had the name of OC, amount owed and the date opened etc. Is that enough of information and waive the communication they are supposed to make within 5 days?

I had not recd any communication until then regarding any outstanding payment. What if the CA did send the letter but I did not receive them? Are they supposed to send the dunning letter CMRRR? If not how can they be sure I got them?

I posted here and most suggested that I try to talk with the apartment office. I tried and they said they can take the check and send it to the CA. I gave them a check but I presume it was a wrong move.

Considering that the CA had reported to CRA and not contacted me within 5 days they are in violation and I can sue them.

Here are the questions I am still unclear.

Can any kind of communication more than 5 days after reporting be used to deny? I wonder if the fact that I spoke to OC in october and also the stop check could be used against?

I know I seem to be repeating my question and I appreciate all the patience. I am currently writing a DV letter and so want to make sure that if should be DVing at all or straight go to ITS

[Anonymous]

I can not find a good Sample ITS Letter. Meanwhile I was reading threads and in this thread

http://ficoforums.myfico.com/fico/board/message?board.id=rebuildingcredit&message.id=38935&query.id=163222#M38935

it was suggesd to DV them even if they show on CR. So I am now compiling a DV letter.

Is this the right way to proceed still or should I direclty ITS. If so can someone please point me to a good sample ITS Letter? I searched but could not find one for reporting on CR without every dunning.

Here is the DV letter I plan to send if you all agree. I took it from posts here and modified.

CERTIFIED MAIL #: _______________________________________________________

My Name

My address

Fair Collection and Outsourcing

Their address

Re:      Account #:                   XXXXXXX

            Original Creditor:        Name of OC

Dear Sir or Madam:

This letter hereby notifies you that the validity of this debt is in dispute. In an attempt to validate this debt, I am requesting evidence of this debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such substantiation, under federal and state law you must correct any erroneous reporting to any and all credit reporting agencies

In accordance with Section 809 of the Fair Debt Collection Practices Act, Fair Credit Reporting Act and corresponding case law, please provide me, in writing, the following information:

1. A copy of the alleged original contract or other instrument bearing my signature
2. Complete account history, including, all statements, records of all activity, payments, collection attempts, and any charges added for collection activity; In short, any and all documentation pertaining to this account
3. Evidence of your authorization under 15 USC 1692(e) and 15 USC 1692(f) in this alleged matter
4. Evidence that your company is registered as a consumer collection agency in the State of California

Additionally, until full validation is provided, all representatives of your company, or any affiliated company, must immediately cease & desist all attempts to collect the aforementioned debt. Failure of your company to comply with this request will be a violation of the Fair Debt Collection Practices Act and will directly result in a complaint filed with the Federal Trade Commission and the State’s Attorney General's office. Please be advised, should this request be violated, I will pursue all criminal and civil claims, including any and all punitive damages, allowable by federal and state law against your company.

Failure to respond, in writing, and in a timely manner, will serve as a waiver to any and all of your claims in this matter and that this matter is permanently closed. Please provide the requested information or correct your records and immediately request the removal of this invalid debt from all sources to which you may have reported.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be retained should further action become necessary. This is a request for information only, and is not a statement, election, or waiver of status.

I look forward to your timely response.

Best regards

My Name.

 

Message Edited by dealaddict on 12-18-2008 06:15 PM

Message Edited by dealaddict on 12-18-2008 06:20 PM

Message Edited by dealaddict on 12-18-2008 06:22 PM

[Anonymous]

Can any one please confirm the DV letter and point me to a sample ITS letter? I could not find one..

[Anonymous]

Sidewinder, first of all, I respect your advice and 99% of the time you are spot on.  I work for a collections attorney, but have "issues" of my own that I'm working on.  (Hence my existance in FICO forums.)  One point I would like to make is regarding "letters" being sent.  Most CAs do indeed send the required letters and use a third party outsourcing agency to do so, which provides verification.  The FDCPA states a letter must be sent (translation: effort made).  I doesn't require they be sent certified, return receipt, etc.  Basing a counter-claim or counter-suit on whether or not a letter was sent / received is a losing proposition, IMHO.

I had a $71 collection in my file from Cox Cable in Phoenix which I paid when I got the bill, AGAIN when I got a dun letter and yet AGAIN after it went to a CA.  It reported to the credit bureaus as paid, but certainly didn't dock my FICO by 108 points.  It's now almost 7 years old and about ready to fall off anyways.  Sometimes these lumps are a little hard to swallow, especially when they're not our fault.  In this case, I'm with you on the judge saying "What did you do when your checkbook didn't balance...??"

Personally, I would pay it... maybe even twice or three times and live with it, but that's just me!

[Anonymous]

---

soonerORlater750 wrote:

Sidewinder, first of all, I respect your advice and 99% of the time you are spot on.  I work for a collections attorney, but have "issues" of my own that I'm working on.  (Hence my existance in FICO forums.)  One point I would like to make is regarding "letters" being sent.  Most CAs do indeed send the required letters and use a third party outsourcing agency to do so, which provides verification.  The FDCPA states a letter must be sent (translation: effort made).  I doesn't require they be sent certified, return receipt, etc.  Basing a counter-claim or counter-suit on whether or not a letter was sent / received is a losing proposition, IMHO.

Depends on what judge you get. It would be up to the judge to believe whether a letter was sent or not.

I had a $71 collection in my file from Cox Cable in Phoenix which I paid when I got the bill, AGAIN when I got a dun letter and yet AGAIN after it went to a CA.  It reported to the credit bureaus as paid, but certainly didn't dock my FICO by 108 points. 

The score drop one receives from negative information being added to their credit report will vary by each person and be dependent upon the other information in one's credit report. There is not set point decrease for a collection being added.

It's now almost 7 years old and about ready to fall off anyways.  Sometimes these lumps are a little hard to swallow, especially when they're not our fault.  In this case, I'm with you on the judge saying "What did you do when your checkbook didn't balance...??"

Personally, I would pay it... maybe even twice or three times and live with it, but that's just me!

I would never myself, or advise another, to pay a debt that was already PIF. There is no  reason to do so.

---

[Anonymous]

Good points, Sidewinder.  I'm now a retired poster, so I'm outta here.  lol  Take care.

[Anonymous]

dealaddict,

sorry for the delay.

the BBB is the one where the CA is located.

the AGs are both where you are resident and where the CA is located - file 2 of them.

File the complaints  for violation of FDCPA 809 -validation of debt for not sending the prescribed communication. Remedy requested: apology for illegal behavior and statutory fime of $1,000.(this is what I use).

By all means, YES! please send a DV letter to the CA that reported.

Then, after you filed all the complaints, and have sent the DV letter, you can send off the ITS letter - if you search all my posts, you should find an example or two - if you can't, send me a PM and I will get you one.

good luck!!!

[Anonymous]

Thank you so much for reviewing the letter. Its already printed. Will DV tomorrow. I will file with BBB of the other state.

Thank you so much. I keep asking myself if I should have just paid and lived with the fault but I can not seem to accept it. so going to do this... worst case my score is already hit and so it stays there but on positive note if its removed the score should get back..... At a time when I want to refinance this score hit is going to cost me dearly.....