These are the steps I have taken in the past to successfully get collection agencies off of my credit reports. In order for it to work, they must have committed FDCPA violations (9 times out of 10 they have lol) and/or not have shown proof of the debt (that is, if you disputed the debt).
1. If a collection agency shows up on your credit reports, send them a debt validation letter stating that you dispute the debt in its entirety and that you require proof of the debt before any payment is made. If they sent you a letter, send a letter back to them within 30 days (to make sure they wont get on your reports). Send this letter Certified mail, return receipt requested. Sample letter HERE.
2. When you receive the return receipt back, if they are one your credit reports, DISPUTE. The FDCPA says that they cannot verify or update the reports (which they would be doing if they verify) until they have provided validation to you (if you requested it). If they do, it's a violation. If they aren't on your reports, make sure you monitor your reports to make sure they do not show up. If they do... violation!!
3. Let 30 days go by to allow time for the credit report dispute period to complete. If they delete, your work is done. If they verify or show up on your reports, send the collection agency a second letter indicating that they have posted info on your credit reports which is illegal. Also say that theyhad ample time to respond so you can assume they don't have any proof. Therefore they must delete. Send this CMRRR and give them 10-15 days to respond or delete.
4. If no response to #3, file a complaint with the Better Business Bureau, American Collectors Association (ACA), and the state's attorney general. I usually don't do all 3 at once. I'd move to the next one if they don't respond to the previous.
5. If they don't respond to #4, send a third letter indicating that you intend to file a lawsuit against them. Detail their violations and give them 15 days to respond.
6. if no response, file suit.
I've never had to actually file a lawsuit against a collection agency, even though I've come close one time. From my experience, I didn't have to go past #4 except for a couple times. They usually responded to the BBB. I've only sent an intent to sue letter twice... both times it worked.
Good luck to all!!
How to get collection agencies off your credit reports...
Posted by
Xavier
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Sunday, February 1, 2009
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Labels:
collection agencies,
credit reports,
dispute
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1 comments
Better Business Bureau!
Today I filed a complaint online with the Better Business Bureau over CACH (Collect America). I'm not sure how easy this is going to be; I've heard and read that CACH is a difficult SOB to get off your credit reports.
In the past, the BBB has worked very well for me when dealing with creditors and collection agencies so I'm hoping nothing has changed or become more difficult.
In the past, the BBB has worked very well for me when dealing with creditors and collection agencies so I'm hoping nothing has changed or become more difficult.
This Week's Events
What an interesting week in credit repair.
-Experian finished investigating my disputes already. It wasn't supposed to be done until Feb. 15th! In any case, I got 2 negative tradelines deleted...one collection agency and Wachovia, who was listing a chargeoff. RJM Acquisitions verified BOTH of their tradelines. I really don't like them.
-The DV/demand delete letter I sent to CACH got returned to me as undeliverable. I sent the letter to the address they have on my credit reports...all of them. It's also the same address that's the Better Business Bureau has for them. Hmmmm something is fishy. I wonder if I can use that to get them deleted.
-Speaking of CACH, they updated their tradelines again for the month of January. More violations. I guess the next thing to do is file a complaint with the BBB and the state attorney general.
In the meantime, I will still waiting for responses from Capital One andMacy's for the goodwill letters I sent to them. Oh yeah, and the investigation periodto end for Equifax and TransUnion.
Tomorrow I gues i will figure out what to do next. As for now, I'm going to the movies. lol
-Experian finished investigating my disputes already. It wasn't supposed to be done until Feb. 15th! In any case, I got 2 negative tradelines deleted...one collection agency and Wachovia, who was listing a chargeoff. RJM Acquisitions verified BOTH of their tradelines. I really don't like them.
-The DV/demand delete letter I sent to CACH got returned to me as undeliverable. I sent the letter to the address they have on my credit reports...all of them. It's also the same address that's the Better Business Bureau has for them. Hmmmm something is fishy. I wonder if I can use that to get them deleted.
-Speaking of CACH, they updated their tradelines again for the month of January. More violations. I guess the next thing to do is file a complaint with the BBB and the state attorney general.
In the meantime, I will still waiting for responses from Capital One andMacy's for the goodwill letters I sent to them. Oh yeah, and the investigation periodto end for Equifax and TransUnion.
Tomorrow I gues i will figure out what to do next. As for now, I'm going to the movies. lol
Letters!
Today I sent out four letters to various companies:
CACH: I sent them a debt validation letter back in summer 2008 and they never responded. They did however send Financial Recovery Services after me. They also updated their tradeline every month on my reports. All this is illegal per the FDCPA. SS today i sent a letter CMRRR informing them of their violations and have given them 10 days to delete. If not I will report them to the BBB, ACA, and the state's Attorney General. if that work... well we'll see.
Financial Recovery Services see above.
Capital One: Last year I let my Cap One card go over its limit and they ctook away my charging priviledges until I paid the balance. I eventually paid it but they never reinstated it. I sent a letter to them requesting a reinstatement of the account in order to re-establish my credit.
Macy's: This is one of the accounts I regrettably let charge off. In this letter I am requesting verification of the account and trying to stroke a deal that if I pay the balance, thhey should open a new account for me. Hopefully it works.
CACH: I sent them a debt validation letter back in summer 2008 and they never responded. They did however send Financial Recovery Services after me. They also updated their tradeline every month on my reports. All this is illegal per the FDCPA. SS today i sent a letter CMRRR informing them of their violations and have given them 10 days to delete. If not I will report them to the BBB, ACA, and the state's Attorney General. if that work... well we'll see.
Financial Recovery Services see above.
Capital One: Last year I let my Cap One card go over its limit and they ctook away my charging priviledges until I paid the balance. I eventually paid it but they never reinstated it. I sent a letter to them requesting a reinstatement of the account in order to re-establish my credit.
Macy's: This is one of the accounts I regrettably let charge off. In this letter I am requesting verification of the account and trying to stroke a deal that if I pay the balance, thhey should open a new account for me. Hopefully it works.
Dispute Round #1
On Experian, out of the 15 derogatory marks I have on there, I disputed 6 of them: RJM Acquisitions (they have 2 baddies on there), Wachovia, Nationwide Credit Services, Credit Protection Inc. and Verizon. I tried to dispute CACH and AFNI but Exp. wouldn't do it because they were "previously investigated" which is a violation of the FCRA.
I can't remember what I disputed on Equifax. lol... same with TransUnion. Probably the same things.
let's see what happens.
I can't remember what I disputed on Equifax. lol... same with TransUnion. Probably the same things.
let's see what happens.
It Starts!
Today is the day that I kick my credit repair off. I'm tired of not being able to buy something without having to all out pay cash for it. I'm still pissed that I wasn't approved for a mortgage, especially when I know I can afford one. So here we go....
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