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Disputing A Debt

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Anonymous
Not applicable

Disputing A Debt

Long story short...given the number to a collection agency by my bank when trying to figure out some charges on an account that had been closed for months.  I think it's about $80.  Mind you, I have received NO communication from this bank at all.  I noticed the fees when I was looking for a copy of a check online.  The bank would not discuss it with me.  They couldn't even access my account records!  WHAT?

 

So I called the agency, they took my address and said they'd send me a letter telling me about how I could dispute it.  I have yet to received anything.  What do I do?  It's been 3 weeks since I spoke to them.  Do I just write them a letter saying to send me the letter or should I just go ahead and tell them I dispute the charges?

 

I would pay the stupid $80 just to be done with it if they would take this OUT of collections, but I'm not going to tell them that yet for fear that they would take that as admission that I owe the debt.  They never gave us the opportunity to address this before they sent it to collections.  So silly and we're in the midst of purchasing a home...I'm afraid it's going to pop up on my credit reports. 

 

Do I have any recourse since the collection agency failed to provide the information to me within 5 days as required by the Fair Debt Collection Practices Act?  How could we prevent this from showing on the credit report? 

Message 1 of 5
4 REPLIES 4
LIGHTNIN
Moderator Emerita

Re: Disputing A Debt

Ok I'll jump in.  I'm not understanding what happened.

 

You had charges on a closed account with a bank. Was this a checking account??

Did you make sure all checks cleared when the account was closed?

 

If I were you, I would go to the bank in person, and talk with the manager.

I wouldn't leave, until I was satisfied what happened to the account.

FICO Dec 2025 EQ760~~Live below your means and always keep an emergency fund -Love Everybody ~ Big Kenny ~ Big and Rich ~~~~~Credit Scoring 101 - Common Abbreviations - Freq Req Threads - Free Credit Reports - What Steps Do I Take?DV? PFD?
Message 2 of 5
Anonymous
Not applicable

Re: Disputing A Debt


@Anonymous wrote:

  Do I just write them a letter saying to send me the letter or should I just go ahead and tell them I dispute the charges?

 

 

Do I have any recourse since the collection agency failed to provide the information to me within 5 days as required by the Fair Debt Collection Practices Act?  How could we prevent this from showing on the credit report? 

 


If you haven't sent a  certified DV letter for  the first sentence. What documentation do you have now for your defense to the second sentence ?  Sorry, phone calls don't count.

 

Message 3 of 5
Anonymous
Not applicable

Re: Disputing A Debt

It was a checking account that we closed in April....or so we requested to have it closed.  In September, one of my credit cards tried to draw a payment out of the account.  It was an electronic payment (auto pay).  I did not setup to have any further payments made from this account, so I don't know how it happened.  The credit card company could not explain it either.  It shouldn't have been a problem if the account had been closed properly, but it was not.  So it resulted in nsf charges.

 

So in the midst of me applying for a mortgage, I was looking for a copy of a check and just happened to check this old account.  I was surprised that I could log in and was even more surprised to see a statement showing a balance of -$78.  When we called the bank, they said they only did a "soft close" instead of a "hard close" and that's why the charges resulted.  We asked to have them reversed but was told by the rep that she could not access the account, that it had charged off.   We NEVER received any correspondence whatsoever.  She gave us the number to the collection agency.  We called and the rep said she would send us a letter saying what to do to dispute, etc. etc.  We haven't seen anything.  The phone call was our initial communication with the agency and this was almost a month ago.  Nothing is showing on our credit reports.

 

The fact that the bank did not close the account properly is why I don't feel the debt is valid.  I just need to know what to do next.  I'm afraid that if we pay it, will still show on our credit reports eventually.  Maybe I should just write a letter to the bank asking that they pull it back to the branch level and give us the opportunity that we never got to deal with it there.  Should we also go ahead and write a letter to the CA letting them know that we dispute?

 

Any suggestions?

Message 4 of 5
LIGHTNIN
Moderator Emerita

Re: Disputing A Debt

I wouldnt talk with the CA by phone, keep everything in writing. Send a DV letter to the CA, start with 

"You claim I owe you a debt. In accordance with FDCPA, send me validation of this debt."

 

Here's a thread about DV letters that I feel will be helpful to you.

http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/Debt-Validation/m-p/7133

 

After the CA validates, Send a Pay to Not report letter.

Just use the PFD letter and change delete to not report. I think I have a copy somewhere, I'll try to find it for you.

Good Luck to youSmiley Wink  Oh and BTW, keep copies of everything you send and keep what they send to you.

FICO Dec 2025 EQ760~~Live below your means and always keep an emergency fund -Love Everybody ~ Big Kenny ~ Big and Rich ~~~~~Credit Scoring 101 - Common Abbreviations - Freq Req Threads - Free Credit Reports - What Steps Do I Take?DV? PFD?
Message 5 of 5
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