Question:

How do you get a collection agency to stop reporting on your credit report?

by  |  earlier

0 LIKES UnLike

One year ago I tried to refinance my home and found collections on my credit report. I wrote a letter stating it was not me and I know nothing about it. I wrote the 3 credit agencies and it was deleted it from my report. But now a year later the collection agency is still repoting negatively on my report. How do I get them to stop for good.

 Tags:

   Report

6 ANSWERS


  1. You will have to send a letter requesting they validate that the debt is yours.  When you contacted the CRA's they would not have removed the item if it was "verifiable".

    Send a certified/return receipt letter requesting validation of the debt.  Do not send them a 3 page document, make it short and sweet.  Advise them that you know your rights under the FDCPA (this scares them)!

    Here is a sample short letter to use (you fill in the blanks)

    DATE

    From: (NAME)

    (ADDRESS)

    (CITY, STATE, ZIP)





    To: (NAME OF AGENCY)

    (ADDRESS)

    (CITY, STATE, ZIP)

    Subj:  Verification of Debt, request for

    Ref: (INSERT ACCOUNT NUMBER SHOWN ON COLLECTION NOTICE)

    To whom it may concern:

    This letter is to inform you that  pursuant to Title VIII, Debt Collection Practices, §  809 of the Federal Trade Commission and 15 U.S.C. § 1692g, I am hereby registering a  formal request for Verification of Debt.

    The account in question listed as an installment account with (NAME OF ORIGINAL CREDITOR) opened (insert date) and  indicates an initial balance of (enter amount)  It is now currently being shown as  collection account with past due amount of (enter amount) as of (insert date).  

    Unless legal proof and verification can be shown, I request you remove the derogatory entry with any credit reporting agencies that may list this debt (and any other agencies you have filed with) immediately to avoid any possible legal recourse on my behalf pursuant to 15 U.S.C.§ 1692k.

    Respectfully

    (NAME)

    If you get no answer after 30 days, send copies of the letter along with postal receipts to the CRA's requesting it bet removed as un-verified.

    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.


  2. Research it on clarkhoward.com. This guy is the best at issues like this. You can also listen to taped radio shows of his concerning this issue on hi site.

  3. Contact the would-be creditor with a new cease and dessist letter, stating that you are not the individual responsible for this debt and unless they can prove otherwise to immediately stop reporting false information to the credit bureau. Then cc the credit bureaus the same letter. If in 30 days the creditor hass not stopped. Contact the credit bureau for a letter of validation on the account, if they too cannot validate the debt, it must be removed.

    If this continues past another 30 days (response time) contact the FTC.

  4. You can use credit repair agency to fix it - for example this one - http://creditreport.undonet.com - They can clean lots of such bad stuff from your credit report - and do it much faster than yourself, so your credit will go up fast.

  5. If the debt is truely not yours write them and tell them if they do not stop reporting you will turn them into your attorney general and BBB.  Also dispute them with the credit bureaus.  this method seems to get some good results, http://www.creditforums.org/f13/got-my-r... it worked for me.  If the debt is yours still dispute them, and if they cannot verify that the debt was yours or prove that you owe them the money file a comlaint with the attorney general in your state and the BBB.  This will stop them from reporting.

    http://creditcardwarehouseonline.com

  6. There's a form letter you can send to have them validate the collection:

    (Your name)

    (Collection Agency)

    (Date)

    Re: Acct: # / Reference #:

    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 not a refusal to pay, but 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 VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

    Please provide me with the following:

    What the money you say I owe is for;

    Explain and show me how you calculated what you say I owe;

    Provide me with copies of any papers that show I agreed to pay what you say I owe;

    Provide a verification or copy of any judgment if applicable;

    Identify the original creditor;

    Prove the Statute of Limitations has not expired on this account

    Show me that you are licensed to collect in my state

    Provide me with your license numbers and Registered Agent

    At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

    •Violation of the Fair Credit Reporting Act

    •Violation of the Fair Debt Collection Practices Act

    •Defamation of Character

    If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

    Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

    If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

    I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. 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 USPS.

    It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

    Best Regards,

    (name)

    check the website listed below for other sample letters.

    send it certified mail

Question Stats

Latest activity: earlier.
This question has 6 answers.

BECOME A GUIDE

Share your knowledge and help people by answering questions.