Help with Credit Repair?

Question

While working on clearing my credit, there has been a few fraudual enteries, and I'm certain it is my sister that has done this to me. My sister even had an apartment in my name in FL and now owes 3k, because of not paying the rent.

I started writing letters on my own to the credit bureaus, requesting that they run an investigation and once it was completed; the agencies noted on a few of the fraudual enteries as "New Information Updated."

I decided to write directly to the collections agencies requesting that they send to me what was used to open the fraudual accounts, and they in turn wrote me a letter stating that I have to give them a copy of my ID's first.

Why! I think this is a way for the collection agencies to stick the account on me. After they receive the ID's then they have the information that is needed to stick the fraudual debt on you.

What should be my next move to the collection agencies; do you know the type of letter I should write to them.

Answer 1

You need to provide them with your social security number in order for them to show you anything. Everything is done with it. Otherwise, it could just be your sister trying to gain information.

Makes perfect sense to me.

If you don't know what is exactly on your credit report right now then go to AnnualCreditReport.com You get one free report, per year, and it gives you all three scores.

Answer 2

What you need to do is send a request for validation of the debt to the party that is trying to collect.  This means you are disputing the debt and want proof that it is your debt.

They are supposed to supply you with specific information under the guidlines of the FDCPA upon first notification sent to you regarding this debt.  If they fail to validate the debt as being yours or even the fact that they legaly have a right to collect it, then it must be removed from credit report.

Here is a sample letter to use, just fill in the blanks with your information.  Send it certified mail/return receipt (keep copies of the letter and the original USPS forms.

Your Name

123 Your Street Address

Your City, ST 01234

ABC Collections

123 NotOnYourLife Ave

Chicago, IL

Date

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on September 30, 2002). 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,

Your Signature

Your Name

If they fail to validate the debt, then you can send a copy of your letter to the CRA's and inform them that the debt has not been validated and you want to have it removed from your credit report.

Here is a link on how to dispute with the CRA's

http://www.ftc.gov/bcp/menus/consumer/cr...

Download a pdf file regarding how to dispute with CRA's

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

i'm not exactly sure what kind of letter you could write to them. i think this needs more drastic action. maybe you should talk to your sister about it? or ask help from a credit repair company. i know of one, their site is at http://instantloansearch.com/Credit-Repa... maybe they could help. good luck dear :)

Answer 4

First off, DO NOT give the collection agency any of your personal information. DO NOT contact them by telephone nor answer any of their calls. All correspondence should be through the mail certified mail return receipt. Request them to validate the debt. A simple letter that states that you are disputing this account as yours and to please provide validation. Nothing fancy. If this is in fact fraudulent, file an identity theft affidavit. You can get this at the FTC website. You will also need to get a police report. Once you have these documents send copies to the collection agency and the original creditor.