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redbull4100
Joined: 01 Sep 2010
redbull4100's page
Posts: 2
54 Magic Points
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Subject: Received Collection Letter on Debt NOT in MY CR
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Wed Sep 01, 2010 1:44 am
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Hello-I just received a collection letter on a debt that is, #1. SOL and #2. No longer shows on my CR.
From what I've read in different forums, I should dispute w/the Credit Bureau (CB) before doing anything else (in case I need to sue them), but I can't dispute the debt with the CB since the debt does not show up on my report from the CB.
They are calling me approx 5x's a day and I want them to stop.
What do I do? Wait until it shows on my CB or write them a Cease and Disist letter. |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2675
48566 Magic Points
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redbull4100
Joined: 01 Sep 2010
redbull4100's page
Posts: 2
54 Magic Points
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Wed Sep 01, 2010 8:17 pm
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Thanks Aaron,
This debt was not recently sold. This debt is from a 1999 c.card: last activity on 2001 (so it is definitley waaay past limitation). It used to be on my credit report-for MANY years it was on there (this debt has seen MANY different agencies throughout the yeart!).
When I recenty (Aug) pulled my CR, it was, for the first time in YEARS, NOT on there...what a great surprise!
About 2 weeks after pulling my my CR from the CB in Aug, I received a collection letter f/this debt (and this letter doesn't have the "you have 30 days, etc." written on it).
I do know anything I do will be overnight through certified mail.
I suppose I should have labled my post "Received Collection Letter on Debt Already REMOVED from my CR" or something more along that line.
Anyhoo-I found the following letter and I think it fits the bill perfectly. I love that it says they cannot report to a CB if they cannot provide the requested information. AND, I also LOVE the last paragraph.
The following is a sample letter to use if you are being contacted by a debt collector about a debt you dispute or do not recognize.
Your name
Your address
Debt collectors name
Debt collectors address
[We suggest you fax or send by certified or
overnight mail so that you have a record
of RECEIPT by the debt collector]
Re: [account number]
Ladies/ Gentlemen:
Please be advised that we dispute the claimed debt(s) described above.
Please provide any contract or agreement we signed and an account history showing how you arrived at the conclusion that we owe the amounts claimed and when this alleged debt(s) was charged off.
Furthermore, you are hereby requested, as required by the Uniform Commercial Code, to provide copies of assignments and other documents showing that you or your principal is in fact the assignee of the debt(s) described above and that you are legally authorized to attempt to collect the claimed debt(s) from us.
Unless and until such proof is furnished, we do not recognize any right on your part to attempt to collect any amount from us through any means whatever, including credit reporting. We refuse to pay any debt that has not been substantiated in the manner we request and direct you to cease further communications unless and until you can provide such substantiation.
Thank you.
Sincerely,
[sign] |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2675
48566 Magic Points
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Subject: debt validation letter
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Thu Sep 02, 2010 9:32 am
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Hi Redbull,
The above letter is not a dispute letter but a debt validation letter. I think you can refer to the validation letter available with this community too. The validation letter is sent to the collection agency, and a simple dispute letter is generally sent to the credit bureaus.
You should first try to validate the debt and then dispute it with the bureaus. Sometimes bureaus will ask you to first try disputing it with the creditor or collection agency.
You will get the sample debt validation letter at http://www.creditmagic.org/repair/sampleletter-debtvalidation.html .
Thanks,
Aaron
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