Disputing item on Credit report: best course of action?

Question

If you have knowledge in this, I need you to share with me. I had a gym membership at Riveria Fitness years ago. They did not credit my payments to them correctly. All my attempts to fix it, were in vain as their employees were either ill-trained or no one cared to research it. So, all of a sudden alleged debt has come alive again. I received a letter from a collection agency. I sent a letter back via certified mail asking for the same thing I had asked Riveria....simply a detailed billing statment. The collection agency called me yesterday, denied ever recieving the certified letter (which I show was delievered to them). I told them I would only communicate in writing. I wouldn't discuss the sitatuion with them, so I saw my credit report this morning...and...well first of all they put it out my credit report last week...second of all...they did something today that made my score drop by 25 points. I've sent another certified, return receipt letterr today. I've disputed it online.

Answer 1

Get a lawyer! immediatley! Sue their a%$es!

Answer 2

Isn't it a shame, most of those "gym" memberships just make you loose money instead of weight!

You have a few courses of action.  First of all find out if this debt is "time barred" in other words, beyond your states time limit to seek civil actioin in court.  Here is a link to find your states SOL

http://www.bcsalliance.com/statute_of_li...

Now if you know the debt is time barred, then you simply send the current collection agency a copy (certified mail/return receipt) of the following letter.  You just fill in the blanks:  It would appear that Riveria has sold the debt and is no longer involved.

Today's Date

Your Name

Your Address

Collector's Name

Collector's Address

RE: [insert account number or name of account or name of debt]:

Dear [insert collector's name or company name],

This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2008], concerning the collection of the above referenced [account or date].

I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or the state in which the contract was signed) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired.

This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.

Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.

(Sign above name)

Printed Name

They will have 30 days to respond to inform you of what their actions are going to be (required by the FDCPA).  If you do not hear from them, then send copies of the letter (along with copies of the USPS receipts) to all three CRA's and request the items on your credit report be removed.  The CRA"s will then have 30 days to validate the debt, if they don't get the right answer from the collection agency, they will have to remove it from your report.

NOW> if you know this debt is beyond the 7 1/2 year reporting period to the  CRA's and the collection agency re-dated the date of last delinquency, then you can seek civil suit against both the  CRA's and the collection agency under the following:15USC1681s-2]  Ã‚§ 623. Responsibilities of furnishers of information to consumer reporting agencies

a) Duty of furnishers of information to provide accurate information (1) Prohibition (A) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. (B) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if-- (i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and (ii) the information is, in fact, inaccurate.

Hope this answers your question

LEGAL DISCLAIMER:  The advice contained herein is for informational purposes only.  It is not to be construed as Legal Counsel nor Legal Advice.

Answer 3

What you need to do is a get a debt validation letter from Equifax. They need to do the unbiased verification. If the debt cannot be proved that it is yours it must be deleted from your record. If the debt is yours but they do not want to provide proof of 1 - billing and 2 - receipt of payment then that's when you need to contact the FTC. Be 100% sure you keep a copy of your written communications to them especially the delivery notification from the mail you sent the agency.