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Paid, Account charged off

GDawg
New Visitor

Paid, Account charged off

Hi all, My credit report lists a negative item from WFNNB/Express with status: Paid,Closed/Account charged off. Date Opened: 05/1998 Date of Status: 05/2002 Reported Since: 08/1998 Last Reported Date: 05/2002 Account History: Charge Off as of May 2002 150 days as of Apr 2002 120 days as of Mar 2002 90 days as of Feb 2002 60 days as of Jan 2002 30 days as of Dec 2001 This was an Express credit card that I opened back in college. I'm 90 percent sure I paid this off in 1998 and I'm not sure why the activity was reported in 2002. I clearly had no idea what I was doing. I'd like to get this removed off my credit report as soon as possible but I'm unclear about the actions that I need to take since a) I paid it off and b) I have no idea who the debt collection agency is. Since the original reported date was back in 1998 can I simply request that this be removed with a letter to the credit agencies? Help for the novice please. If you could direct me to sample letters that would also be very helpful. Thanks, Rachel
Message 1 of 6
5 REPLIES 5
HappyDays
Moderator Emeritus

Re: Paid, Account charged off



GDawg wrote:
Hi all, My credit report lists a negative item from WFNNB/Express with status: Paid,Closed/Account charged off. Date Opened: 05/1998 Date of Status: 05/2002 Reported Since: 08/1998 Last Reported Date: 05/2002 Account History: Charge Off as of May 2002 150 days as of Apr 2002 120 days as of Mar 2002 90 days as of Feb 2002 60 days as of Jan 2002 30 days as of Dec 2001 This was an Express credit card that I opened back in college. I'm 90 percent sure I paid this off in 1998 and I'm not sure why the activity was reported in 2002. I clearly had no idea what I was doing. I'd like to get this removed off my credit report as soon as possible but I'm unclear about the actions that I need to take since a) I paid it off and b) I have no idea who the debt collection agency is. Since the original reported date was back in 1998 can I simply request that this be removed with a letter to the credit agencies? Help for the novice please. If you could direct me to sample letters that would also be very helpful. Thanks, Rachel

Because it was COd in may of 2002 the DOFD should be around Jan or Feb of 2002....If the reporting is correct.
 
If this is a CA reporting send a DV  CMRRR       do not dispute it yet.
 

 
Message 2 of 6
GDawg
New Visitor

Re: Paid, Account charged off

Thanks for your help. How should I word the request for validation since it has already been paid off? Thanks, Rachel
Message 3 of 6
HappyDays
Moderator Emeritus

Re: Paid, Account charged off

Because it has been so long....I would send the DV that we all send to validate a debt. There is a good chance that they do not have the info. anymore. I would only change the wording....to read I pulled my CR and see that you say that I owe you a debt........leave the rest alone.  Only use info. that is on your CR. Let them tell you that it was paid!!!  This gets sent CMRRR
 
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 4 of 6
GDawg
New Visitor

Re: Paid, Account charged off

Ok. Sounds good. So if they can't validate it they will not respond? Or will they send back a letter saying they can't validate? Am I supposed then follow up with a verification letter to the credit agency? Thanks for all your help.
Message 5 of 6
HappyDays
Moderator Emeritus

Re: Paid, Account charged off

If they answer the DV within 30 days....They should say that the debt is paid!....Remember the date paid does NOT start the count down for it to drop from your CR!.......It must drop 7-7.5 years from DOFD  and the OC sets that!!!!   What was this debt for...CC CO?
 
If they do not answer.....send copy of the DV letter....cert.paper and copy of the GC.......to all CRAs that are reporting along with this letter......CMRRR of course.
 
 
Your Name
Address
City, State Zip
 
TU/EX/EQ
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 allleged 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/Agency, Account #_________
 
On XX XX 08, "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 2008, they have failed to provide any proof or respond in any way.
On XX XX 08, I sent a second letter. Again, I have received no response. Attached is a copy of the
letter and the U.S. Post Office showing they did receive that letter.
 
The FDCPA states they must cease collection activity until they have produced 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 X 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 reporting bureaus.
The FCRA also states that the credit reporting agencies must accept 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
Message 6 of 6
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