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There is a report on my mom's account that she does not recognize after i pulled her report.
She says she DEFINITELY does not owe that much...
So we want to go ahead and try and validate this.
Do I send a letter disputing straight to the collector, or do i do this through the credit buearu?
I just need more help on how we could go about this?
I read a good thread (I'll quote below) that has a nice letter template.
@Anonymous wrote:Debt Validation letters are essential in getting the correct information from a creditor, or eliminating bad information from your credit file. Collection Companies will purchase non-collectible debt, and attempt to strong arm consumers. The Debt Validation Sample Letter below will help you confirm the debt is yours, and it is collectible.
Keep in mind. You may want to use caution for debt that is within the Statute of Limitation. <---- (click to see your state)
FDCPA requires a collection company to send you an initial written notice containing these five things:
- The amount of the debt.
- The name of the creditor to whom the debt is owed;
- A statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
- A statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
- A statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
You can send a simple debt validation letter merely asking for confirmation of the debt, but using a more professional letter could scare off zombie collectors. Please see the debt validation sample letter example below.
Your Name
Your AddressName of CA
Address of CA
Date:Re: Your Account No:
To Whom It May Concern,
I checked a copy of my credit report and realized that there was a collection reported from your agency which I was not aware of or notified of. This is not a refusal to pay. However, this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b), that validation is requested. This is asking for proof regarding the debt that I owe and verifying it.
I am requesting you to stop all collection activities including reporting this information on my credit report. I am sure that you are aware of the fact that non-compliance with this request may end up in legal obligations.
With regards,
Your Name
Make sure you send it take it to the post office and tell them you want to send it certified mail return receipt requested. (CMRRR) They'll point you to the correct forms you need to fill out. There are also many other variations of this kind of debt validation sample letter, so you may need to cater your letter to your specific situation. In a pinch, the only information needed for a debt validation letter is:
“I pulled my credit bureau report, and I discovered that you claim I owe you a debt. Under § 809 of FDCPA, send me validation of this debt”
- See more at: http://manvscredit.com/credit-repair-guide/credit-repair-letters/debt-validation-sample-letter/#sthash.yDbEfy38.dpuf
http://ficoforums.myfico.com/t5/General-Credit-Topics/How-do-you-DV-the-CMRRR/td-p/141330
DV requests always go to CAs
@mikemsceo wrote:There is a report on my mom's account that she does not recognize after i pulled her report.
She says she DEFINITELY does not owe that much...
So we want to go ahead and try and validate this.
Do I send a letter disputing straight to the collector, or do i do this through the credit buearu?
I just need more help on how we could go about this?
I read a good thread (I'll quote below) that has a nice letter template.
@Anonymous wrote:Debt Validation letters are essential in getting the correct information from a creditor, or eliminating bad information from your credit file. Collection Companies will purchase non-collectible debt, and attempt to strong arm consumers. The Debt Validation Sample Letter below will help you confirm the debt is yours, and it is collectible.
Keep in mind. You may want to use caution for debt that is within the Statute of Limitation. <---- (click to see your state)
FDCPA requires a collection company to send you an initial written notice containing these five things:
- The amount of the debt.
- The name of the creditor to whom the debt is owed;
- A statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
- A statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
- A statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
You can send a simple debt validation letter merely asking for confirmation of the debt, but using a more professional letter could scare off zombie collectors. Please see the debt validation sample letter example below.
Your Name
Your AddressName of CA
Address of CA
Date:Re: Your Account No:
To Whom It May Concern,
I checked a copy of my credit report and realized that there was a collection reported from your agency which I was not aware of or notified of. This is not a refusal to pay. However, this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b), that validation is requested. This is asking for proof regarding the debt that I owe and verifying it.
I am requesting you to stop all collection activities including reporting this information on my credit report. I am sure that you are aware of the fact that non-compliance with this request may end up in legal obligations.
With regards,
Your Name
Make sure you send it take it to the post office and tell them you want to send it certified mail return receipt requested. (CMRRR) They'll point you to the correct forms you need to fill out. There are also many other variations of this kind of debt validation sample letter, so you may need to cater your letter to your specific situation. In a pinch, the only information needed for a debt validation letter is:
“I pulled my credit bureau report, and I discovered that you claim I owe you a debt. Under § 809 of FDCPA, send me validation of this debt”
- See more at: http://manvscredit.com/credit-repair-guide/credit-repair-letters/debt-validation-sample-letter/#sthash.yDbEfy38.dpuf
http://ficoforums.myfico.com/t5/General-Credit-Topics/How-do-you-DV-the-CMRRR/td-p/141330
I have had success with doing the following: (1) disputing the account(s) online with the CRAs and (2) sending a DV directly to the CA certified mail simultaneously. Keep records of EVERYTHING even in the event the account is deleted, because months later these accounts may potentially reappear, and that's when it's important to have good documentation. Good luck!
A DV request does not require documentation of any inaccuracy, but does not compel a response within any set period.
A dispute, however, is an assertion of an actual inaccuracy, which must be documented in some form that provides a basis for their conduct of an investigation. Do you have such documentation?
If you can meet that burden, then a dispute carries a mandory response within 30ísh days.
Any dispute may, at your option, be filed either directly with the debt collector or through the intermediary of the CRA.