I need help - fighting CA

Submitted by Anonymous (not verified) on Sat, 06/06/2009 - 00:23
Forums

Hello,

I have been posing here for some time now, but now I need to put it all in one thread. It's getting unclear and I need more help.
I'll try to make it short.

I moved out in June 2008. I had a balance of 143 Dollars after my 550 Deposit for b.s. they wanted me to charge for. I talked to the manager and she agreed she would meet me halfway - meaning that I would have gotten money back. I got that in writing ( email ).
I had moved from Houston to LA, I wasn't able to stay in touch that much. I never heard anything back. I knew that I wouldn't get the money back from my deposit. They are just greedy. I just thought I was done ( I know...my bad). Should have known they still would go after me for the 143 despite the promise.

In march of 2009 I checked my credit report and saw that they turned it over to a Collection Agency.

The first letter was a pay-for-delete and demanded validation. They ignored it. The second letter was the same again. But I did add:

1. The agreement which authorizes you to collect the debt on the assumed debt.
2. The signed agreement from the debtor confirming to pay the debt.
3. The documents regarding the payments made on this account AND validation of the amount.

They just sent me the plain printed-out move-out statement. No signature...nothing. Just the move-out statement everybody gets upon move-out.

P.S. I found all the letters here. You should recognize them.

Then I sent them a letter demanding validation. They ignored it. Then I sent them a follow-up letter. They just sent me the same move-out statement again. Basically, they ignored 1. 2. 3.

I don't know what to do anymore. They keep ignoring my demands and just send me the same. I am pretty sure now that they do not have anything else.
I noticed that there are some letters here that threaten them that I'll sue them. I don't know if I can send them such a letter now. I mean they are kind of right. I actually do owe it ( despite promise). I can't really send them a letter now telling them I'll sue them?

I need help! Any help is appreciated! Thank you

Hi Sven,

If a collection agency does not respond to your debt validation letter with proper documents, you should dispute the issue directly with credit bureaus. You will find a sample Dispute Letter in the Letters of Credit section. You must enclose the following documents with the Dispute Letter:

1) A copy of your credit report, encircling the item you are disputing.
2) A copy of the Debt Validation Letter you had sent to the CA.
3) A copy of the move-out-statement that the CA has sent, as response to your DV letter.

Send the Dispute Letter via certified mail with a return receipt requested. The credit bureaus will verify with the CA . The credit bureaus must reply within 15 days, after receiving your Dispute letter. If the CA is unable to prove the debt, as yours the credit bureaus will remove it from your credit report. You are also entitled to get a free copy of your credit report, once it is corrected and update.

If the credit bureaus are able to verify the debt as yours, they will respond to you in writing. They will also provide you with valid proof, in support of the debt being yours. In that case, you can fix your credit report, by either paying off or settling the debt with the CA.

Sat, 06/06/2009 - 04:10 Permalink

Hi Sven,

I agree with rachael. If you are making any payments to the CA, you should first come to a pay for deletion agreement with them. Please visit the following link to find a sample Pay for Deletion letter: http://www.creditmagic.org/repair/pay-for-delete.html .

This is a legal agreement with the CA. According to the terms of this agreement, the CA is required to report to the credit bureaus and get your report updated, as soon as they receive the payment.

Sat, 06/06/2009 - 04:35 Permalink
Sven (not verified)

Hey,

thanks! I did send them a pay-for-deletion letter. They just ddin't care about it I guess. Just sent me this stupid plain move-out statement.

Why would I send a letter to the credit bureau? I kinda doubt they will do more than just ask and the response by the CA is obvious.

When I first saw the entry I did dispute it online. But it looks like they just asked and didn't demand any proof.

I could send them a new pay-for-deletion letter with some different language ( e.g. that I'll pursue to sue them etc. ) ?

Sat, 06/06/2009 - 15:14 Permalink
Anonymous (not verified)

anybody knows?

Tue, 06/09/2009 - 22:47 Permalink
Sven (not verified)

Ok, I used the "Dispute letter with the bureau" letter. I still don't know how this would work, though.

What can I do if that fails?

Sat, 06/13/2009 - 00:26 Permalink