My husband tryed to open an account at a local bank & was turned down due to his credit report.
after checking it over we discovered that there was a claim from a c.c agency that we were not aware of.
to make a long story short i contacted the co & was told who it was from.(try to follow me)
my husband owned a shop 5yrs ago & a man dropped his truck off for potential work & was not heard from again( tryed to reach via phone, last address) the truck remained there for several months & one day was gone.
so now the collection against us is from this fellow, this is the 1st heard of any of this.
I was told he " made a statement" & that is the result of the $3,800 on our report.No bill was ever written, there was never a small claims court hearing .nothing .
can you walk in & "make a statement" on anyone w/out documentation?
the credit collection co told me they would ASK this man if we could have a copy!!!
its been 3wks & nothing.
whats my next step?
any input would be great.
2007-03-16 05:52:30 · 6 answers · asked by Anonymous in Business & Finance ➔ Credit
Contact the Credit reporting agency and ask to have the item removed from your report. It will take a little time, but the "creditor" has 30 days to respond and provide documentation to the credit reporting agency. If they fail to do that the reporting agency is obligated by law to remove the item from his report, and if you request, send a corrected credit report to the place you applied originally.
In the alternative, you can go to your local Courthouse and file a Civil action against the Collection agency seeking not only that they remove the questionable item from your credit report but compensatory damages for the apparent damage to your husbands reputation. Likely outcome is they remove the item and say sorry, but it will cost you a couple hundred dollars to pursue this course of action.
2007-03-16 06:00:35 · answer #1 · answered by Jeff A 2 · 0⤊ 0⤋
Well something seems to be missing as it really does not make sense why your husband would let a truck stay at his place for months, and then when it was gone not even give it a second thought???
However, to answer your question send a certified letter to the collection agency requesting proof of the debt. By Law they must reply in 30 days. They don't have a choice in asking the man for the paperwork, they must do that. If the person refuses to provide proof of the debt they must remove it from the credit reports and stop contacting you on it.
It must be a certified letter because if it requires legal means to have it removed, a certified letter is the only type the courts will accept. Phone calls and faxes mean nothing.
2007-03-16 14:20:24 · answer #2 · answered by OC1999 7 · 0⤊ 0⤋
Let me see I understand. You husband used to own a car repair business. Someone dropped off their truck for service, and never picked it up. The truck disappeared one day (presumed stolen). The truck owner filed for collection on the value of the truck.
Is that it? That sounds like what you're saying, but it doesn't make sense.
A private citizen is unlikely to use collections to recover a missing truck. No one would do that. A business owner, I guess, could do such a thing, but it's very doubtful.
If the truck was on your husband's property, despite what anyone says, he has SOME responsibility for it. However, that responsibility ends when your husband reports the truck stolen to the police. If he didn't report it, that was a mistake.
At this point, you can send a certified letter to the collection agency requesting release from the collection OR for evidence of a legitimate claim. Give then 20 days from receipt of the letter. If they fail to respond, take them to court.
2007-03-16 13:05:32 · answer #3 · answered by Jay 7 · 0⤊ 0⤋
The collection agency has 30 days to provide the proof, or it has to be removed from your credit report.
Since this was done by phone, that means nothing. Send a certified letter, return receipt requested, and if the don't respond in another 30 days, send them another certified latter telling them that, by law, they have to remove this from your credit report.
ST
2007-03-16 13:18:47 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Call the collection agency everyday, get a name and ask for that person everytime you call. Have them fax you the information. Stay on it but remain "polite" so that you can get what you need.
2007-03-16 13:02:21 · answer #5 · answered by BP 7 · 0⤊ 0⤋
CALL YOUR STATE ATTORNEY'S OFFICE AND REQUEST HELP. IF THEY CAN'T HELP YOU, THEY SHOULD KNOW WHO CAN.
2007-03-16 13:01:28 · answer #6 · answered by Miss Smartypants 3 · 0⤊ 0⤋