collection agency wont give up?

Question

To make a long story short, this CA (Cavalry) has put a bogus collections on my credit report. Never had an account with AT&T wireless , and when called the OC, they couldnt find any evidence of me ever having an account with them under my SS#. So I sent the CA a VOD dispute a month ago, got no response back, but they are still updating on my credit report. The point is I know they are in violations, but what I want to know is how long I should let them continue to up date my report before I file a suit against them? Is it the many times they update which is a violation, the more dollars signs I can get? I also disputed it with the collection agency and in return they just up dated it.!! I knew that was coming because the CRA doent really investigate truefully, they just send things out the the creditor, and if they respond its my word against theirs. Which I end up screwed.

SPELL CHECK@Flight & Fight. Its long NOT lons, and its Exhausted NOT exhasted!! I see you weren't too tired to answer just too stupid and dumb to answer....LOL

Answer 1

Aunt Beeaa is mistaken regarding dispute. The DIspute is what is giving you the problem of rectifying this.

YOU CAN NOT DISPUTE SOMETHING THAT HAS NOT BEEN VERIFIED!! below is why AUNT BEEAA is mistaken. Her advice is on the right track but it is off just a little and that little is why so many do not get good reluts when making these challenges.


I can not sure-footedly dispute an alleged debt without verification; therefore, I must have certified verification/verification. I do not and will not waive my Due Process by disputing something that may or may not be valid. This demand for verification is in accordance with USC 15, Chp 41, Subchapter III.”

Source(s):

demand for verification is in accordance with USC 15, Chp 41, Subchapter III.”

Finally, the alleged accounts need to be validated/verified for legitimacy and accuracy if they are being reported to the public by your organization which may be against the Federal Rules of Evidence rule 1005

Since 30 days from the receipt of this letter is your allotted time under the law to re-verify these entries, it should be understood that failure to do so within that 30 day period constitutes reason to promptly delete the information from my file (FCRA 15 USC s1681i (5)(A) ).

Also, pursuant to 15 USC s1681i (6)(A) of the Fair Credit Reporting Act, please notify me when the items have been deleted. You may send me an updated copy of my credit report to the above address. According to the provisions of 15 USC section 1681j, there should be no charge for this notification.

Here is the answer:

Please note: I am not a Attorney and the following information is not to be used or considered as legal advice. It is only educational information. Consult an attorney if you have any legal questions

Read and understand it thoroughly before using this information.

Equafax does not extend credit.
The business you are applying for credit with is using information about your credit history and other data such as, length of employment and time at current resident to make decisions about your credit worthiness. Then Equafax, as well as the other 2 major credit reporting agencies, use a complex process to create a credit score. This score which can range from 350 to 900, is what the creditors use for the majority of their decision. the higher the number the more you look responsible and financialy stable.

Now that you have been denied credit you can get a free copy of your report by sending the denial and proper identification to the reporting agency. The address for Equafax is on your denial letter.

Once you have recieved your copy, review it and note any inconsistentcies.

Write a letter to them sent certified, asking for CERTIFIED VALIDATION of anything you think does not belong on your report.

Do not DISPUTE the debt or information.

There is difference between Dispute and Validation and you can not dispute something that is not valid or has not been validated to begin with.

The "Fair Debt Credit Reporting Act" (FDCRA) states that it is against the law for them to report inaccurate information once challenged. The credit reporting agencies have an obligation by law to remove or correct information within 30 days of written request.

Also keep in mind that each time you apply for credit it can cause your score to be lowered. There are some exceptions when shopping for a car or a mortgage however, they are limited to certain amounts of inqiuries.

I have, with great success, used a letter like this.


EXPERIAN
PO Box 9701
Allen, TX 75013

Subject: Certified Verification

Via USPS Parcel #

To whom it may concern:
I am writing to make a request for "Certified Verification" for each item listed below currently on my credit report.
I appreciate your prompt attention to this matter.

Company Name Acct#
Acct #
Acct #
Acct #


Please note the details below that you will need to retrieve
The information on this account:

Full Name:
Address:


DOB:
SSN:
And a copy of my ID

Sincerely,




. These alleged accounts are NOT BEING DISPUTED. I must have certified verification before a dispute process can occur.

I can not sure-footedly dispute an alleged debt without verification; therefore, I must have certified verification/verification. I do not and will not waive my Due Process by disputing something that may or may not be valid. This demand for verification is in accordance with USC 15, Chp 41, Subchapter III.”

Source(s):

demand for verification is in accordance with USC 15, Chp 41, Subchapter III.”

Finally, the alleged accounts need to be validated/verified for legitimacy and accuracy if they are being reported to the public by your organization which may be against the Federal Rules of Evidence rule 1005

Since 30 days from the receipt of this letter is your allotted time under the law to re-verify these entries, it should be understood that failure to do so within that 30 day period constitutes reason to promptly delete the information from my file (FCRA 15 USC s1681i (5)(A) ).

Also, pursuant to 15 USC s1681i (6)(A) of the Fair Credit Reporting Act, please notify me when the items have been deleted. You may send me an updated copy of my credit report to the above address. According to the provisions of 15 USC section 1681j, there should be no charge for this notification.

Answer 2

I had a similar thing with a collection agency in Florida, only it was for a legitimate debt I owed to AT&T that I refused to pay on philosophical grounds (this is entirely too long to get into here, so I won't). The thing to note is that I actually DID owe the money.

The collection account had been bandied about from one collection agency to another over a period of at least five years; one in New Jersey, one on Long Island, and the last was the one in Florida. I never bothered with any of the others because neither of them put it on my credit report. So I tended to ignore it.

Suddenly one day I was denied credit from Sears and I got a copy of my credit report to find out why, and there it was - a collection agency in Florida had slapped the old AT&T debt onto my credit report. Well now, I could not have this.

I immediately whipped off a very angry and indignant letter to the collection agency. I said the debt was bogus (it was not) and it looked like an old one that was being shopped around until they found someone to stick it to. I said in no uncertain therms that the debt was NOT mine (in fact it was); that I had no other late payments on my credit report (which was true) so it just did not make any sense; that the debt must have belonged to someone else living in the same county with the same name as me at the time this debt was incurred, and there were, I said, two other people at various times living in nearby towns with exactly the same name as me, even the same middle initial; and that this negative item on my credit report was very damaging and false, and that I wanted it removed IMMEDIATELY.

In about a week I got a very apologetic letter from the collection agency apologising for the mistake and promising to take the item off my credit report, whcih they did. End of story.

The same thing might work for you. Go after the collection agency first, but be ANGRY, be very angry.

It worked for me.

Answer 3

What a coincidence, I have exactly the same collection.
I thrive on doing battle with these collection companies.

Here's something you should know. "THE FAIR DEBT COLLECTION PRACTICES ACT" protects you against collection fraud. Also, you can submit a 100 word consumer statement to the credit bureaus. This will counter the collection until it gets resolved. The bureaus try to tell you they can't fit 100 words but federal law is on your side.

You can fight this without legal help. Go purchase the book "Guaranteed Credit" by Arnold S. Goldstein, read over the above mentioned collection act and "hang in there".

After learning that someone else has the exact same collection issue, I will redouble my efforts to clear this matter up. They will not know what hit them when I am done.

Contact me at [e-mail]

Answer 4

To put this in a nutshell.....Dispute it with this collection agency in writing. They have 30 days to correct the error. Run your credit reports, All 3 of them. If this item is appearing on your credit bureau dispute that entry as well.

The fair debt collection act is on your side as far as the power that it give you to right the wrongs that these entities create.

If the collection agency calls you this should be your response, " Do not call me again, I've disputed the items you say I owe, If you call me again I'll report you. You have an obligation under the Fair Debt Collections and reporting Act to report true information. Again DO NOT CALL MY HOME or WORK AGAIN".

If they do call you again, keep a log of the dates and times they've called. This is considered harassment by telephone after that and can be punished in a court of law.

It is not the collection agency to investigate it is YOUR responsibility to stay on top of your own credit and the reporting that's done on it!

Answer 5

You need to read the Fair Credit Reporting Act (FCRA) for short. The credit agencies send out a request for investigation about the account. Once the company gets it they have 30 days to reply. Once the reply gets back- the credit reporting agency updates your report and sends you the results. If you aren't happy then- take it to another level. But let the Credit Reporting Agency do their part first.

Answer 6

Bastards!
Grrr that sucks so much.. I'm sorry doll.
My mother has it on her credit report that she owes Victorias Secret $8,000.00 - The woman has never had a VS card lol
I would go ahead an sew the hell outta them now- theres no reason you should have to have your credit continue to be f-d up for any longer

Answer 7

The FCRA & FDCPA gives you certain legal remidies against just this sort of thing. read them & use them. Also, I'd sue BOTH the collection agency & AT&T wireless in small claims court & get the 2 of then fighting with each other. there are certain rules to be followed in small claims court, but it is cheap & quick, if you can use it. and very effective

Answer 8

you can sue them in small clames if you have all your paper work together an win .. I beat souther bell same deal as yours i live in the Philippines an never had a acc with them. true i call usa on business but all charges stay here judge gave me extra $2000 for the hardship they caused an got a letter from them stating they were in error mailed to every one that checked my credit in those times ha ha i won

Answer 9

That could be one tough fight. Collection agencies do not give up no matter what. Try your local congressman, I had one help me with a college loan that I didn't owe. Good luck!!!!!

Answer 10

Aunt Beeaa is mistaken regarding dispute. The DIspute is what is giving you the problem of rectifying this.

YOU CAN NOT DISPUTE SOMETHING THAT HAS NOT BEEN VERIFIED!! below is why AUNT BEEAA is mistaken. Her advice is on the right track but it is off just a little and that little is why so many do not get good reluts when making these challenges.


I can not sure-footedly dispute an alleged debt without verification; therefore, I must have certified verification/verification. I do not and will not waive my Due Process by disputing something that may or may not be valid. This demand for verification is in accordance with USC 15, Chp 41, Subchapter III.”

Source(s):

demand for verification is in accordance with USC 15, Chp 41, Subchapter III.”

Finally, the alleged accounts need to be validated/verified for legitimacy and accuracy if they are being reported to the public by your organization which may be against the Federal Rules of Evidence rule 1005

Since 30 days from the receipt of this letter is your allotted time under the law to re-verify these entries, it should be understood that failure to do so within that 30 day period constitutes reason to promptly delete the information from my file (FCRA 15 USC s1681i (5)(A) ).

Also, pursuant to 15 USC s1681i (6)(A) of the Fair Credit Reporting Act, please notify me when the items have been deleted. You may send me an updated copy of my credit report to the above address. According to the provisions of 15 USC section 1681j, there should be no charge for this notification.

Here is the answer:

Please note: I am not a Attorney and the following information is not to be used or considered as legal advice. It is only educational information. Consult an attorney if you have any legal questions

Read and understand it thoroughly before using this information.

Equafax does not extend credit.
The business you are applying for credit with is using information about your credit history and other data such as, length of employment and time at current resident to make decisions about your credit worthiness. Then Equafax, as well as the other 2 major credit reporting agencies, use a complex process to create a credit score. This score which can range from 350 to 900, is what the creditors use for the majority of their decision. the higher the number the more you look responsible and financialy stable.

Now that you have been denied credit you can get a free copy of your report by sending the denial and proper identification to the reporting agency. The address for Equafax is on your denial letter.

Once you have recieved your copy, review it and note any inconsistentcies.

Write a letter to them sent certified, asking for CERTIFIED VALIDATION of anything you think does not belong on your report.

Do not DISPUTE the debt or information.

There is difference between Dispute and Validation and you can not dispute something that is not valid or has not been validated to begin with.

The "Fair Debt Credit Reporting Act" (FDCRA) states that it is against the law for them to report inaccurate information once challenged. The credit reporting agencies have an obligation by law to remove or correct information within 30 days of written request.

Also keep in mind that each time you apply for credit it can cause your score to be lowered. There are some exceptions when shopping for a car or a mortgage however, they are limited to certain amounts of inqiuries.

I have, with great success, used a letter like this.


EXPERIAN
PO Box 9701
Allen, TX 75013

Subject: Certified Verification

Via USPS Parcel #

To whom it may concern:
I am writing to make a request for "Certified Verification" for each item listed below currently on my credit report.
I appreciate your prompt attention to this matter.

Company Name Acct#
Acct #
Acct #
Acct #


Please note the details below that you will need to retrieve
The information on this account:

Full Name:
Address:


DOB:
SSN:
And a copy of my ID

Sincerely,




. These alleged accounts are NOT BEING DISPUTED. I must have certified verification before a dispute process can occur.

I can not sure-footedly dispute an alleged debt without verification; therefore, I must have certified verification/verification. I do not and will not waive my Due Process by disputing something that may or may not be valid. This demand for verification is in accordance with USC 15, Chp 41, Subchapter III.”

Source(s):

demand for verification is in accordance with USC 15, Chp 41, Subchapter III.”

Finally, the alleged accounts need to be validated/verified for legitimacy and accuracy if they are being reported to the public by your organization which may be against the Federal Rules of Evidence rule 1005

Since 30 days from the receipt of this letter is your allotted time under the law to re-verify these entries, it should be understood that failure to do so within that 30 day period constitutes reason to promptly delete the information from my file (FCRA 15 USC s1681i (5)(A) ).

Also, pursuant to 15 USC s1681i (6)(A) of the Fair Credit Reporting Act, please notify me when the items have been deleted. You may send me an updated copy of my credit report to the above address. According to the provisions of 15 USC section 1681j, there should be no charge for this notification.