Wednesday, January 23, 2013

Removing 3rd Party Collections From Your Credit Report

The most common negative credit that I see on credit reports are "collection" accounts.  If you have them, you are part of the majority.  There are a number of reasons to get them off of your credit. First, they're bad.  Who wants bad stuff on their credit report?  But here's a few other reasons: 
  • They lower your FICO score
  • If you pay them, they are still bad
  • If you don't pay them and try to get a mortgage, you will have to pay them
  • If you refinance your house, escrow will take part of the money and pay them
  • Your interest rates on new credit, auto loans, house loans, refi's, etc. will be higher
  • And the most important one in my opinion -- YOU DON"T OWE THEM ANYTHING!!
One of the problems with collections is if they can't collect from you, they leave bad and negative information on your credit report, but then they sell it to another collection company and the harassment and negative reporting on your credit report starts again.  They ding your credit with non-permissible pull inquiries, then they go and claim you have an outstanding debt with them and drop your FICO score some more.  Some will even sue you.  You need to get them OFF!

It starts with Validation.  If and when you receive a letter from a collection agency, you need to respond right away.  Write a letter to them, preferably within 30 days, disputing the alleged debt.  Tell them you are not asking them to Verify (as in name, address, etc.) being correct. You are challenging the validity of the alleged debt and they need to send proof that you owe them.  Send your letter to them certified mail with return receipt.  It costs you about $5 - $6 bucks but its worth it.

If you did not receive a letter from the collection agency and you found out about it because you saw it on your credit report, when you write the letter, tell them that you have received a recent copy of your credit report and were stunned to find out that they have put false information on it.  Then you follow through with demanding validation and that you're not requesting verification.  The credit report should have their contact information on it - mailing address, not phone number.  You NEVER want to talk to them on the phone.  They are trained to intimidate, pressure you, get money out of you, get you to admit something, any and everything they can, and intend to and usually do, control the conversation.  You do NOT want this scenario.  Stay off the phone and keep all communications in writing.

After you get the green card back from your certified letter, now you can dispute with the credit bureaus.  Collectors are not allowed to verify with credit bureaus until they provide validation.  Remember, validation means proof, real proof that you owe them.  Proof is not some bill or computer generated statement with your name and their account number on it.  Proof is an actual contract between you and them, that you actually signed and they actually signed.  It is documentation of monies given to you with an accounting of every cent used, every cent paid, every bit of interest applied, and the date any of those events occurred.  

They may claim you had an original account with some other party and they have been assigned the right to collect it.  They need proof of everything about that as well. They need the original contract between you and the original creditor with your true signature and a qualified employee of that original creditor, they need the full accounting, they need to provide proof of the assignment or the purchase they made from the original creditor.  

I really need to make a comment here about original creditor information requested from a 3rd party collector.  I mainly ask for it just to force them to do some work.  Personally, I don't give a rip if they can provide it or not.  If not, they go away a bit faster, but since they are not on the original contract you allegedly signed with the original creditor, they have nothing and you owe nothing.  3rd party collectors are NOT ON ORIGINAL CREDITOR CONTRACTS!  Therefore, you OWE THEM NOTHING, NADA, ZERO, ZIP, ZILCH!

Remember this and quote this when they try to claim they have rights to collect:
The right of subrogation does not exist for a stranger to the transaction.  73 AmJur 2nd, Section 90.  

Now I will explain this in common, easy to understand language. "Subrogation" means to substitute. "Does not exist" means is not allowed. "Stranger to the transaction" means someone or some entity not on the original contract.  So, here we go again in easy to understand wording:
There is no right to substitute someone or some entity that was not on an original contract. It is not allowed. 
 Now, this includes attempts to collect based on assignment, sale/purchase, or trade.  See?  The collector cannot substitute himself to collect money because he believes he was assigned the task or he purchased the bad debt, or traded some bad debt for a different bad debt.

Now, in order to get the bad or negative credit off your credit report, you have to dispute with the bureaus.  I generally don't recommend saying "its not mine" because you want to save that one for a last resort and if you do, they'll usually put fraud alerts on and want you to provide some identity theft stuff to them.  However, you can say it in a way that gets the same message across.  You can say, "I have never done business with this company and I have no idea who this company is."  You can almost always find plenty of other errors in the way they report as well.  They usually say you have late payments or your date of last activity was prior to the account being open.  An account has to be open before you can be late on it -- common sense there! Challenge dates, challenge amounts, challenge the account number, but only challenge 1 error at a time.  If you keep challenging the same thing or things with every dispute, they will send you the dreaded "frivolous" letter and refuse to re-investigate. 

If the collection company obeys the law, they will not verify with the credit bureaus because they haven't provided validation.  That is the best possible scenario.  It happens many times.  But, there are also many times that they just ignore the law and verify again.  You will need to send follow up letters to the collectors and follow up letters (repeated disputes) to the bureaus if they don't come off right away.  Don't expect them to come right off, right away because they are all scum.  Expect to fight. Expect to have to wear them down. But, be pleasantly surprised and proud of yourself for fighting back when they do come off.  Its a wonderful feeling and a beautiful sight!

If there is more information you need me to delve into on this subject, please leave me a comment below.  I will get it and I will respond.  I may even write a whole new post addressing your questions or different situations you need help with.  If someone posts a comment and you have a similar question, please add your comment too.  I want to be able to help as many people as I can.

If you are tired of dealing with these liars, thieves, scum sucking, extortionists called 3rd party collectors and debt buyers and are tired of the back and forth fight you have to stay on top of, I would love to assist you in the fight.  My partner and I have been at this successfully for 50 years combined.   I love the fight and am passionate about helping others get rid of the bad credit that is holding them back.  I get tons of emails about how my assistance has helped people get jobs, buy homes, cars, and start over.  I would love the opportunity to help you too!

If you have found this blog helpful to you, please consider donating as a sign of your appreciation for information I have freely given to you.  The "Donate" button is on the right side bar.  Thank you for your generosity.


219 comments:

  1. Within one month the same collection agency posted 3 collections on my credit report for medical bills should I send 3 validation letters or could I just put all 3 accounts on 1 letter.

    ReplyDelete
  2. Erica, please call me or email me. I can help you with both comments you made. I want to know a little more so I can tell you what all to put in your letter(s).

    ReplyDelete
    Replies
    1. Hi Shannon. It's years later from your original blog. I hope this get to you.

      I had a 3rd party collection fall off my credit about two years ago. I received a letter from them about a month ago about the debt. It said they will not report to the credit bureaus.

      Today I get a call from another collection agency claiming they are representing the privious one. Before they told me that I verified my address and last four of social. They said they will send me a letter.

      I'm worried my Crefit Score is really good at this point. It's in the 700's. What should I do first?

      Delete
    2. Hello and yep, your comment reached me! The first thing I'd like to know is what state you are in and the 2nd thing I'd like to know is how old is the original alleged debt? That will determine your response to these gutter feeders. It kind of sounds like this issue is rather old.

      I wouldn't worry about verifying with the new collection company since they probably already had that information. If they send you a letter, they are required to inform you of your right to dispute it and if it's too old to be on the report, they are required to disclose that as well.

      If it is too old, you will want to send them a letter ordering them to Cease & Desist. If it is not too old, you will need to immediately send them a letter disputing their claim and demanding validation.

      So, keep an eye on your credit reports and keep an eye on your mail for the letter they said they would send you. That's what you do now. When you get the letter, you need to respond within 30 days. That's your best chance with the info I have on this right now to keep it off your credit reports.

      Delete
    3. Hi Shannon
      Does NO CONTRACT apply to medical bills that are in collections reported by third party collection agencies? Two of the medical bills are from my daughter when she went to the ER and I wasn't present to sign anything. What can I do about these?

      Delete
    4. Hi Demeka,

      It applies to any collector that you have no contract with. It applies to any creditor you have no contract with.

      If you've never agreed to do business with someone, and they weren't named on the original creditor's contract as having an interest to protect, they don't have a valid claim against you. Send them a demand for validation and they need to send a copy of the valid contract as one of the items needed to validate.

      I don't understand why the hospital is charging you when they should instead be applying the bill to your daughter. You need to talk to them about that.

      Delete
    5. Hi Shannon, Can you please help me with a direction on this? I recently started actually trying to build my credit and clean it up. It’s almost time in my life to make my first home purchase. The only derogatory collection issue on my credit report was from ERC (an old T-Mobile bill). I couldn’t figure out why it was on there, the only T-mobile line I had was a non-contract line years ago. But the charge was only $115, so I called T-mobile first to just pay it and have it removed from my credit report and they advised me that they have sold the debt. So I contacted ERC and told them I wasn’t familiar with the debt but I would be willing to pay for removal. They advised me that they would not do that. So I disputed it the proper way, certified mail, requesting proof of debt including my non-existent contract. A week later, I received a T-mobile statement in the mail that had the original address wrong. I still did not receive a contract. I spoke with the new provider, AT&T and they showed that the phone was transferred to them prior to the bill T-Mobile is claiming owed. I also googled the Plan Name from T-Mobile and found that I was correct, it wasn’t a contracted account. Pay as you go. Well, now what do I do? They have removed the account from my credit while in dispute, but if they didn’t provide me sufficient information, how do I keep them from putting it back on?

      Delete
    6. Usually ERC does not put the accounts back on from my experience. If it does come back on, you need to do a follow up validation and call them out for failing to validate. Hit them hard, question the statute of limitations, question how much they paid for the account, and tell them there is no contract, never had a contract with the original creditor and never had a contract with them. If they claim you are wrong, then cough up the valid contract with your signature and their signature.

      Delete
    7. Hi Shannon, my question is what can I do about this First Premier card i'm disputing. I sent them a 623 verification dispute and they sent me some statements then told me they wasn't obligated to send all the things I asked for. I ready want to see a copy of the application with my signature on it.

      Delete
    8. Hi Anthony,

      First Premier is a major pain in the butt. They are a crappy credit card company and they treat their customers poorly. They don't seem to care much about obeying laws.

      I would respond and tell them that what they sent is not proof that you owe them anything and not even proof that you have ever had an account with them. You do have the right to demand that they produce the documents establishing a liability to them. Anyone with half a working brain cell and mediocre software can dummy up billing statements fairly easily.

      UCC 3-501 is the "show me the note" statute. It is codified into most state statutes. So, if you tell them to produce the application, require a certified copy and hit them with your state's statute for UCC 3-501.

      Delete
    9. Hi Shannon, thanks for the reply. I responded back to FPB letting them know that what they sent was not proof. They should receive it today certified mail. But guess what I got in the mail today, they sent a notice of frivolous dispute. And at the end of the letter it says this matter is considered resolved. So whats gonna happen to my letter they should get today? Will they frivolous letter they sent will make mines ignored?

      Delete
    10. Oh and they want copies of my credit report with the inaccurate reporting, all I want is to see the contract or application with my signature on it, I believe they are ignoring that part.

      Delete
    11. They are going to try to hold to the frivolous claim but your next letter needs to get on them for claiming that the dispute is resolved when they have failed to perform. The resolved bs pushes me to write a scathing letter about their competence and failure to understand the definition of the words they use. I then give them some definitions and case law:

      * Resolved, a form of the word Resolution: 1. Webster's College Dictionary: “a settlement of a problem, controversy, etc.” 2. Princeton's Wordnet: “Resolution, Solving, finding a solution to a problem” 3. Princeton's Wordnet: “Settlement, Resolution, Closure; Something settled or resolved” 4. Princeton's Wordnet: “Unresolved means Not solved; Not brought to a conclusion; Unsettled, Undecided, Undetermined and Doubtful.”

      Synonyms from English Collins Dictionary: agree, conclude, fix, settle, undertake

      Hearsay Case Law:
      “Testimony, whether live or in the form of an affidavit, to the effect that the witness has reviewed a loan file and that the loan file shows that the debtor is in default is hearsay and incompetent; rather, the records must be introduced after a proper foundation is provided.” New England Savings Bank v. Bedford Realty Corp., 238 Conn. 745, 680 A.2d 301, 308-09 (1996), later opinion, 246 Conn. 594, 717 A.2d 713 (1998); Cole Taylor Bank v. Corrigan, supra, 230 Ill.App.3d 122, 595 N.E.2d 177, 181 (2d Dist. 1992).

      “It is the business records that constitute the evidence, not the testimony of the witness referring to them.” (In re A.B., 308 Ill.App. 3d 227, 719 N.E.2d 348 (2d Dist. 1999)

      The hearsay case law kind of blasts them for making claims without producing the documentation. I don't send copies of credit reports to show inaccuracies. They bear the burden of proof. I tell them that they are playing dumb, using stall tactics, and if they had the documentation in their possession that I've requested, they would be falling all over themselves to send me a copy and slam it in my face. Obviously their refusal to comply with UCC 3501(show me the note statute) is evidence that they don't have the proof I've requested.

      Delete
    12. UPDATE: DELETED!
      MS Shannon, I want to thank you very much for your help, without you FPB would have been wearing down my credit score until 2022.

      Delete
    13. Shannon I need help someone got student loans using a name that I have never used. I have used my First name married last name/my madien name however when someone got student loans they used my first name and married name. However I am no longer married and have been divorced for like 7 years now. I need help.

      Delete
    14. Hi Tee,

      You should immediately file an identity theft report from the police and send that to the student loan company that is wrongly accusing you of the obligations. You will need to notarize an affidavit stating that you have never applied or received those loans and you believe you are a victim of identity theft, and send that to them as well.

      Delete
    15. Hello Shannon, I disputed a collection and was sent a "verified letter". There was no contract, signature, nothing so I sent a complaint to the Consumer Finance Protection Bureau and also the BBB. I am in a credit rebuilding facebook group and a lot of people have had success doing this and getting this collection removed from their report. This specific collector is extremely hard to remove which is why a lot of people had to submit complaints to the CFPB and BBB. After they did this the collection was finally removed. I sent a complaint to the CFPB and BBB yesterday and the collection agency responded to the complaint that they have sent an "original contract" via certified mail and that I should receive it soon. What should my next step be? And if they had an original contract why didn't they send that when I disputed the first time? Also, I read that in the state of California, a collector cannot try to collect a debt after 4 years. Well it has been passed the 4 years, so can they still try to collect on this? I did not put this in my complaint because I didn't know about the statute of limitations or how it works? Can you please give me any advice that you have? I would really appreciate this! A lot of people have had such a hard time with this collection agency, but I don't want to go down without a fight!

      Delete
  3. This is great advice, I have the same question as Erica.

    ReplyDelete
  4. I have the same question as Erica, Can you please elaborate, thank you.

    ReplyDelete
  5. Bebe, and Erica, if you have multiple items on your credit report from the same collection company, you only need to send them 1 letter referencing all 3 of the accounts that they are slandering you on your credit report.

    Yes I say "slander" because they are putting false, damaging information on your credit reports. Did you sign a contract agreeing to do business with them? Did they pay a bill for you at YOUR request, for YOUR benefit? Were they on the original contract with the original creditor? I would venture to say NO to all 3 of these questions.

    You don't owe them a dime! If I was behind you in a checkout line at the store and they rang up your items and you didn't have enough to pay, if I said to the checker "I'll pay for that" would you now owe me? NO! You didn't turn to me and ask me to pay for your stuff. I just did it and there was no agreement between us for you to pay me back.

    Its the same thing here with these collectors. They "pay" off the alleged debt and then think that for some reason, you should've been happy about it and should've wanted them to, therefore you should "assume" you have contracted with them. That's a buttload of baloney, as far as I'm concerned.

    ReplyDelete
    Replies
    1. Hi, I got a collection letter 3yrs ago from a third party and I never responded to them. Now, is it too late for me to take your advice and fight it? Or is it too late? What are my options in a case like mine?

      Delete
    2. Yuri,

      It's not necessarily too late to fight. Better to fight it before they sue you. It also depends on how old the debt is. That will determine what type of letter you respond with.

      Even though you never responded, have you heard anything from them or are they on your credit reports?

      How old are these collections and what state are you in, or were in when you defaulted on the original account?

      Delete
    3. Hey Shannon. Thank you for the quick response. Now, this debt has been little over 3 yrs and yes, it is on my report. The state im in is Texas.

      Delete
    4. Okay, you said that the collector contacted you a little over 3 years ago. That means that if you go back 6 months, that is where your DLA is likely to be. That's only if the OC sold it as soon as they charged off. Sometimes they hang on to it for a few months to a few years.

      Your statute of limitations for debt in TX is 4 years. Once you know for sure that it is past the SOL, then you can hit the collector with a C&D and make them get off the reports and out of your life.

      If you're not completely sure of the date you first missed a payment with the OC, first demand validation with the 3rd party collector so that they will tell you when & if they respond. Better yet, get a copy of your annualcreditreport dotcom and that should tell you when the DFD and DLA actually is. (Date of 1st delinquency and date of last activity). DFD is a better date to go by in my opinion because they sort of lie about the DLA.

      If you can see on your credit report that it is older than 4 years from DFD, slam the collector with a C&D.

      Delete
    5. Thank you Shannon! One more question, I had a student loan through Sally Mae, but it show that on my credit report, it shows it as Navient. I had couple of late payments but the ba Lance is paid in full and it's more than 7yrs old. Now it still shows the late payments. Is there a way to get those removed?

      Delete
    6. Forgot to mention, these are closed accounts with zero balance.

      Delete
    7. You can dispute the lates if you want but if they are old, they are probably not affecting you and you run the risk of them deleting the entire trade line. If that were to happen, you score will most likely drop. I would leave it alone.

      Delete
    8. Hello Ms. Shannon Lopez,
      Thank you so much for sharing all this imformation. If I may ask, what is a C&D?

      Delete
    9. It stands for Cease & Desist. It's best used when the alleged account is past the statute of limitations. It means they cannot contact you in regards to the alleged debt anymore and they are supposed to remove their nonsense from your credit report as that is a communication to you and others regarding that alleged account. Many times you have to fight to enforce them removing it from the credit reports anyhow though.

      Delete
  6. Hi Erika,
    I went through an ugly divorce…
    The negativity on my credit report is due to the divorce.
    The ex had credit cards in his name, unknown to me, he added me as a user… then when he left he removed his name and it now reflects on my credit. He dropped my children and I from his insurance, I didn’t know, my son broke his arm and because I took him to the doctor, it reflects on my credit. When he left he said he was going to pay my Capital 1 card, he never did.
    He owes $68,000 in back child support… but I want to buy a house now, not when he gets around to paying debt or back support. How can I clean up my credit from his past blunders not my own?
    Frustrated,
    Ex-wife

    ReplyDelete
    Replies
    1. Hi Deb,
      It should be fairly easy to get all of his credit cards and the collections that go with them off your credit report since you never agreed to it. Authorized user accounts are simple to remove.

      Regarding the medical collections, most likely they are with 3rd party collectors and again, for those of us who work this business, we can get them removed fairly easily. Regarding your Cap1 card, the main thing to do is once it is charged off, you will want both the balance and the past due to reflect $0 balances on your credit report. Sometimes this is harder to do but by law, they have to do it. To reflect any other amount after a charge off is not accurate.

      I'd like to talk to you more so I can be even more specific. Feel free to call me or email me. My email address is located up at the top of this page. I do respond and I will gladly help you.

      I don't think Erica would mind me telling you that she has removed just about every negative off her credit reports. We have spoken many times now and I just love getting her updates. She is one of my success stories, and although I helped her with information from both my blog, and emails and a few letters I wrote for her, she deserves the credit for just sticking in there, not giving up, and getting it done.

      Delete
    2. You are truly helping me....Once I have learned more and have a better insight I will be another successful story.....Keep blogging you are awesome

      Delete
  7. Hi Shannon I don't mind at all I was gone send you an email but I just wanted you to know that I just purchased a house on April 24, 2014. I want to thank you so much for all your help the letters and all your advice because I was about to give up then I came across your blog. Again thanks for everything.

    ReplyDelete
    Replies
    1. Oh Erica, that is fantastic news! Congratulations! You are a rock star! Thank you so much for sharing.

      Delete
  8. Shannon I just came upon your post after submitting a dispute with Equifax regarding a collection agency. I read recently about not owing the third party=collection agency nothing. They are not the original creditor and there is no contract between us, so no monies is owed to them, right? Anyway my question to you, with the collections i just disputed, I checked the box that said "i am not liable for this" and in the comment box I wrote Contract Cancelled. What are your suggestions for any future disputes with collection agencies? Thank you and any advice is welcomed.

    ReplyDelete
  9. Hi TKimber, My first suggestion is that when you get the results back, if they haven't deleted, don't dispute online again. Send an actual letter to the collector that claims to have verified and tell them that since they verified, they need to send you the documentation to support it. Then say, you know you don't have an account with them, never did and never will so you are demanding full validation as well. Put some items that they need to give to you for validation and a time limit to respond. Send it Certified mail.

    Now, I also want to say that I prefer that no one ever puts any comments or statements on their credit reports because its very easy to say something in a way that allows them to claim you verified it for them. So, if this doesn't come off, you need to remove that comment because it sounds like you did have a contract with them but tried to cancel it. They can use that against you.

    Any future disputes you have should be made in writing and sent through the mail - Certified, and preferably with return receipt. Alternate back and forth between collector and bureaus with your disputes.

    Never admit anything other than I don't know you, I have never agreed to do business with you, you are not mentioned on any contract I've ever signed with anyone and I demand full validation, including a contract between you and me with my true wet ink signature on it, as well as a full accounting, proof of assignment or ownership and a full chain of assignment, contract between me and the original creditor with your company mentioned showing you had some interest to protect, proof its not outside the statute of limitations, proof you have my consent to slander me on my credit reports, which has to be in writing with my signature on that, or pound sand.

    One more piece of advice - Don't give up. Keep at it, keep rejecting their claim of verification and validation. Wear them down, don't let them wear you out. Just hanging in there and fighting back should eventually leave you with the results you're fighting for now.

    ReplyDelete
    Replies
    1. Thank you so much for the advice and information. I will keep you posted. I'm so glad I found your blog. I am thankful to have a site to go to in which a real person helps you and responds back.

      Delete
    2. Hi! In the event that I need to get those comments removed, what do I write in this letter to get the results needed? I really do not want this to come back and haunt me. Please help.
      Also is there a validation letter I can use as a guide but of course make it customized to the accounts I am disputing? There are so many of these letters posted on the internet it is hard to know which one will work in my favor.
      I will keep you posted on the disputes I previously sent in that were done online. Which I will not do again.
      I would love to hear from Erica Bluford and her journey to remove her negative accounts that made it possible to purchase a house.

      Delete
    3. Hi Caramel,

      To remove the comments, write a letter to the bureau(s) that you added the comments and say - "Please remove the comments on this alleged account. They are no longer needed."

      They should remove them and notify you that your comments were removed, Regarding a validation letter, see my response to TKimber up above. You should be able to write a good validation letter from what I wrote there.

      Delete
    4. I have another question. Why is the collection agency reporting I have one month terms with them? Is there something I can also dispute about this?

      Delete
    5. Hi Caramel,
      The reason why they put a 1 month term is because they don't have a contract with you with payment terms, etc. They expect you to pay it off in full, accept a settlement offer, or get into a contract with them where they will set up a payment plan.

      Don't fall for it. ALWAYS demand validation from them and NEVER accept what they send you as full validation because at least on major item will always be missing and that is a contract between them specifically, and you. They might send a copy of a contract between you and the original creditor but that is not them. No one can force you to contract with them and if you don't want to contract with them, then there is no contract, regardless of whether they bought an account from an OC or not.

      Another thing is that when they try to claim that they received all rights of interest and assignment when they purchased the account, they are automatically violating the Statute of Frauds. This is because they are in breach of the contract because they can NEVER fulfill the OC's obligations from the original contract.

      They NEVER exchange anything of value to you yet they want you to give value to them. That is not equal risk, a pertinent part of all valid contracts. They make an offer to contract with you when they send you a bill, but not acceptance if you don't agree to pay them. They do not have equal risk, don't have full disclosure. That is 3 parts out of four essential elements needed for a valid contract. Just making an offer to someone does not create a valid contract.

      As far as disputing the 1 month term, if I was going to dispute that, I would say, "I never contracted with anyone that has a 1 month term and I certainly never had an account with this company."

      Delete
    6. Oh my gosh! I just did this same thing. I put I have no contract with "company" on the comments and also chose "I am no longer liable" for the dispute option. I have a feeling this is going to be a long drawn out battle.....

      Delete
    7. Tina,

      You still have a chance that it will be removed but its best for future disputes to do them in writing and mail them. It's less convenient than online but you see, words matter.

      Online disputing does not give you the best collection of reasons for disputing. Even the one "I am no longer liable" is a very bad one because it makes the assumption that at one time you were liable. That's admitting you owed it.

      Your next dispute should be a validation demand directly with the collection company. You can make it real clear to them that you have no account and they had better provide certain documents or pound sand. Hang in there. You may be surprised and get these bloodsuckers to go away without too much of a fight!

      Delete
  10. Shannon,

    It was a Blessing to discover your Blog. To be as knowledgeable as your are but share this type of info for free truly shows that you like helping people. You have helped me and it makes we want to help others. You have given me knowledge that I didn't have to help myself and others.

    FYI: To be able to actually contact you on the phone and speak for free about a topics I know as a professional would be priceless, speaks volumes to you as a person. Thank You Shannon anything I can do to assist you. Please let me know.

    For everyone who doesn't know you can use Stamp.com to send Certified Mail. Just print label on regular paper and use Two-Sided tape to secure label to envelope. Cost 3.83!!

    ReplyDelete
    Replies
    1. Thank you Sedrick. It was also a pleasure to speak with you on the phone.

      Delete
  11. This comment has been removed by a blog administrator.

    ReplyDelete
  12. I'm having problems with 3rd parties not responding to my validation letters. After about 60 days I send a dispute to the CB's but they always verify the information. Am I stuck in a vicious loop? What can I do?

    ReplyDelete
    Replies
    1. Hi Michael, first, I deleted the other comment because it was a duplicate. Now, if they are not responding, you need to send them a letter saying that you know they have no obligation to validate so you accept that they have refused to respond or validate. However, because they have chosen not to even attempt to validate, the law requires them to cease ALL collection activity.

      Furnishing and verifying information with credit bureaus is ILLEGAL COLLECTION ACTIVITY. Demand that they delete their false accusations and information from your credit reports as you now have a cause of action against them and you intend to sue them if they do not remove everything immediately.

      Then, your dispute to the bureaus should be that they are in violation of the FDCPA for continuing collection activity while refusing to respond to every demand for validation you have sent. If you have the green certified return receipts, make copies of them and send them with your disputes to the bureaus. Let them know that they have never responded and the law REQUIRES them to delete the account(s).

      Next, send your proof to the CFPB along with a formal complaint against the company that has refused to validate but continues to illegally attempt to collect.

      Also, what state are you in? Are you anywhere near the statute of limitations for your state for this/these accounts? There are more things you can do if the statute of limitations has run out.

      Feel free to call or email me directly if you would like to know how to use the SOL against them. Hopefully you are not in some state with an insane amount of years till this will be time-barred. My email is futurefico@gmail.com and my phone number is 951-801-2828.

      Delete
  13. My husband and I are wanting to buy a house. But I have quite a few things in collections from a few years ago. I'm not quite sure how to start going about everything. I thought I was just supposed to pay off the collectors and ask that they be removed from my credit report but it seems that isn't correct?

    ReplyDelete
    Replies
    1. Well, I wouldn't encourage anyone to pay off any collectors because they've never lent you anything and have never had any interest in whatever account they are trying squeeze money out of you for.

      I would suggest to ALWAYS demand validation from them. In fact, many times you might get tricked into paying something that is so old that you don't have to pay it or might not even be yours, or the amount is wrong. Personally, based on my research and many years of doing this, no one owes any collection company squat!

      Feel free to email me or call me if you'd like some help fixing your credit. futurefico@gmail.com or 951-801-2828

      Delete
  14. Hello !!!! WOWWWWWWW !!!!!! Very informative everything !!!! I am trying to clean up my credit (also to be able to buy a house) but it is not going as I planned. I am trying to find step by step plays on what to write how long to wait and when to do follow up. If you would be ever so helpful I would greatly appreciate it. ( I paid a credit repair one time but it made my credit worse rather than better).

    ReplyDelete
    Replies
    1. Hi Hannah,
      Thank you for the compliment. I'll try to explain a bit here but you may need to call or email me and my contact info is at the top of the blog on the right.

      First step, write a dispute letter to the bureaus. Don't admit or explain anything. Just dispute that the amount is wrong or you don't recall ever being late, you don't have an account with the company, etc. Mail it off certified and wait 30-45 days. DON'T DO ONLINE DISPUTING!

      When you get responses back from the bureaus, whatever has not been corrected or deleted will need a letter to the company that furnished the information. If its a 3rd party collector, demand validation and tell them what you want them to send you. A contract with your signature and their company name, the assignment or purchase contract between them and whoever they got the account from, a full accounting with dates and amounts, things like that. Be aware that if they send you a statement that is basically a bill, that is NOT validation.

      If it's an original creditor you need to contact, send them a letter telling them that because they claim to have verified with the credit bureaus, you are entitled to and are demanding the documentation used to verify. Contract, full accounting, proof of where the money came that they supposedly lent you, and if its a charge off, a copy of the insurance claim and check they received that paid it off, which should be reflected in their full accounting. You are not asking them to send you 3 years of billing statements. That is NOT validation or verification.

      You have to give the original creditors 30 days but collectors, you can give them however many days you want. They have no obligation to respond or validate. However, if they don't validate (which they really can't fully do), they have to stop collection activity.

      After you send those letters certified mail, wait a couple weeks and dispute again with the bureaus. For the 3rd party collectors, tell the bureaus that they have not responded to your demand for validation and the FDCPA requires them to be removed from your credit reports. For OC's, tell the bureaus that you requested they verify with you and you demanded the documentation and they have not been able to send you anything. Because they have not sent you documentation proving their information is correct, the account is NOT VERIFIED and FCRA Section 611 requires the bureaus to remove/delete that account.

      Wait 30 days again for the bureaus to respond. Next dispute goes out to them as soon as you get their responses. Anything that they again claim is verified or remains, you tell them to send you their Method of Investigation, Name, title and contact info for the person claiming to verify, Documentation they are required to have in your credit file pursuant to FCRA Sect. 609. If they can't provide the above, they need to delete.

      You just keep going back and forth. You also need to respond to any collector that sends you something. Tell them thanks for trying but that's not validation and they had best remove their smut from your credit reports until they send you a contract between you and their company, signed by you and their representative, a full accounting, etc. Tell them that nowhere on anything they have sent to you does it show you contracted with them or that they lent you anything that needs to be paid back or that they provided any services to you that need to be paid for.

      Just don't give up. It could take a few months, it can take a few years. The goal is to get your credit report as good as it needs to so that you can purchase your home or whatever you want to qualify for. Then, you can resume the credit repair and go at it some more.

      I hope this helps you and anyone else that reads it.

      Delete
  15. Happy Holidays!!!!! Thank you for responding and giving me the information to move forward in getting this resolved. I am in the process of writting my letters as we speak and would like to know if there is a draft online that I can personalize to my own situation.

    ReplyDelete
    Replies
    1. Happy Holidays to you too. I think I may have given examples on validation on at least one of the posts on the blog but for bureau disputes, I am in the process of giving some examples of what to say right now. I should have that post up by the end of the week, as long as I have a bit of time to finish it.

      You can actually use letters you find online and modify them to your liking. Just write from the heart. Put your emotions in your letter and be firm. I wouldn't use the generic stuff you find online as they are written because they are just too bland and overused. You have to make them your own, writing in your own words, not just copy/pasting those letters.

      Delete
  16. Hi Shannon. Thank's for the blog! A lot of good info here!

    I have a couple of questions regarding an account in collections. Firstly it has been longer than 30 days since I received the first letter in the mail from the collection agency. Will that prevent me from being able to dispute the validity with them?

    Second I have already disputed it with Equifax and Experian online. It was removed from Experian but Equifax came back as "verified". Will that hurt my chances of a successful dispute with them through certified mail?

    ReplyDelete
    Replies
    1. Hi Russell,

      Even though its been longer than 30 days, you still have the right to dispute the alleged account. You need to demand validation and REQUIRE a contract with your signature and their company. Demand a full accounting, demand to know how much they paid for the alleged debt, demand to know how old the alleged account is and if its past the statute of limitations.

      If you are in a state that requires debt collectors to be licensed and bonded, look them up and see if they are and if they are in good standing. If they aren't, you can use that against them and threaten to notify your AG.

      For the bureaus,you may dispute again and be successful but first go directly to the thieving collectors and demand validation. Once you get their response, you then dispute with the bureaus again and tell them that this account is not only not yours, its not verified because you contacted them, demanded validation and they failed to validate. The FDCPA requires it to be removed until and unless they validate so delete this sucker now!

      Delete
    2. I appreciate the response! Your blog is a gold mine of information! Since I left this comment I went ahead and sent a proof of validity letter to the CA and they folded I guess and responded by saying that based on my dispute they have ceased collection and that they are not reporting to the credit bureaus. So I went ahead and mailed out a dispute with the credit bureaus with the CA response letter attached and highlighted. I'm hoping that is enough to remove it from the last bureau.

      Delete
    3. That is wonderful Russell. Congratulations and yes, you are correct to follow up with the bureau dispute the way you have. I'm so excited for you. Good Job!

      Delete
  17. I was wondering if you knew how do handle charge off accounts that have not been sent to collections?

    ReplyDelete
    Replies
    1. First dispute the balance with the bureaus and tell them the information furnished is not accurate. If it comes back verified, then see my answer to the question below yours. It explains what you need to do and say.

      Delete
  18. Hello Shannon Thank you for all the information that you provided. Last year I did lexington law credit repair for about 7 months. Yesterday I decided to pull my credit and I have 2 items and the remarks confused me. One says "Charged off as bad Debt Account information disputed by consumer, meets FCRA requirement." The other states "Charged off as bad debt Dispute resolved; reported by the grantor." What does that mean? With the stay on my credit? Can I disputed even though it's already been disputed?

    ReplyDelete
    Replies
    1. Hi there,
      Right now, they will stay on your credit because they have falsely claimed to verify. The comments they made are because you disputed and they try to intimidate you by saying that their verification complied with the FCRA.

      Yes you can dispute again but I would dispute directly with the creditor this next round, not the bureaus.

      You need to tell them that because they verified with the credit bureaus, you are entitled to receive all the documentation they used to claim they verified and all the documentation used to support their claim.

      Then you will basically be asking them for validation by sending you specific items. If they don't send every single one, then its not verified and the law says they have to remove it. However, they usually ignore the law but you just keep going at it.

      Always keep your certified mailing receipts as you can use those against them down the road.

      Delete
  19. I have to let you know Shannon that I took your advice for the validating the collection accounts and it worked I had 15 collection accounts removed immediately in less that 30 days i sent everything certified spent $50 on postage and i am now down to 3 left on my credit reports. Huge thank you !!

    ReplyDelete
    Replies
    1. Excellent, excellent and congratulations. I love hearing about successes. Keep on doing it!

      Delete
  20. I am now searching for a letter to remove ancient accounts beyond 7 years old. Thank you.

    ReplyDelete
    Replies
    1. Hi LRG,

      Send a letter to the bureaus telling them that you have no account with that number with that creditor and from information on past credit reports, this is obsolete, too old to be on your credit reports and past the FCRA allowed time for staying on your credit report. Delete this now please!

      This should make them delete the accounts. You are repeatedly telling them too old, get off the stinking credit reports!

      Delete
  21. I am in need of some help. I had a credit card debt that went into collections. I paid the past due to the collection agency but the original creditor is showing the payment as late. I have tried disputing the debt through all 3 bureaus but their findings came back as valid and now shows an updated late payment on my credit report. I am frustrated to say the least considering this debt has been paid. Any suggestions on what else I can do?

    ReplyDelete
    Replies
    1. Hi Ms. Lilbit,

      I would go to both the collector, if they are on the credit report and the original creditor and demand for them to Cease and Desist all communications with you. Inform them that you know that furnishing, verifying and updating information on credit reports is considered by the courts to be a communication and it is unwelcome. Tell them to get off the reports and pound sand. Also tell them that you are reserving your right to sue them if they fail to comply with your demand to C&D. Hopefully that will work for you.

      Delete
  22. Hi Shannon,

    I came across your blog while getting extremely frustrated at what seems to be a lost cause to correct my credit any time in the near future. I was wondering if i could email you to discuss my situation and get some advise? I dont want to be an inconvenience but i feel lost and hopeless in this fight to get my life put back together.

    ReplyDelete
  23. Hi Amber,

    Feel free to email me or call me. My contact info is on the top right side of the blog. Or, if you can't see it, futurefico@gmail.com or 951-801-2828 PST.

    ReplyDelete
  24. Hi Shannon,

    Thank you so much for this platform, it really helps a lot and I hope I am not too late for all this help. My girlfriend has a situation where 2 of her medical bills were sent through collections. I've read on another forum where we can dispute these collections accounts with a no contract dispute but I am not sure if that is much help. I literally just did that but I was wondering if doing these other things would still be in my favor. She has also called over the phone to the CA and she set up a payment plan with them but never paid. I know all these things don't come in to our favor but I just wanted to know what you would advise to help with this situation. We plan on getting a house in the next 2-3 years and this is definitely not helping our situation. Thank you so much for this platform again and hope to hear from you soon!

    ReplyDelete
    Replies
    1. You're very welcome. I'm glad your girlfriend did not pay them because she needs them to prove she owes them something. She also needs to know that she should not ever speak with them on the phone again, other than to tell them to put what they have to say in writing and drop it in the mail to her.

      You fired off a letter demanding to see the contract. That was a correct thing to do. If they send a contract back, which will most likely be the admissions app from the hospital saying she would be responsible, then you need to fire back a letter stating that you read the paperwork they sent and you couldn't find their company name anywhere on it.

      Tell them that according to contract law, they need to produce a valid, bilateral contract showing your signature and their authorized representative's signature stating that you agreed to do business with them. Anything less is trash or fireplace fuel.

      They need to provide a full accounting without violating HIPAA, proof of assignment, proof they are licenses to perform collection activities (if its a requirement of your state), proof its not outside the statute of limitations, and that should be a pretty good follow up response.

      Never give in to them because they don't have the ability to truly validate. Also, when you dispute with the bureaus, tell them that you have demanded validation and they have not sent it so it remains unverified and the bureaus are required to delete per the FCRA.

      Delete
  25. I have 7 accounts in collections that are all credit cards. I recently started looking at my credit report on Credit Karma. Something I should have done a long time ago. and then stumbled upon this blog trying to find info on what I could do about all this third party collection. I have 4 accounts with one collection two with another and one with another.my question is when I send a validation letter what do I put on there as an account number or account information. the only list the name of the original creditor. Such as GE Bank or Bank NA.is that enough information for the collection agency?any other info I should include on the letter would be appreciated.

    ReplyDelete
    Replies
    1. Hi Matthew,

      I'm very glad you posted this question. CreditKarma is fine for checking what is on your credit report but it is not a good tool or monitoring service for when you are doing credit repair. We absolutely will not allow our clients to use this as their monitoring service while we work on their credit issues.

      You NEED those account numbers, at least the truncated numbers you get on regular monitoring reports and even annualcreditreport.com Also, I think one of the reasons why the do that is because they are trying to force you to dispute online and that is the worst way to dispute something.

      I would suggest getting your free reports from annualcreditreport.com because they have the most information on there and they are free. They are fine to use when you are starting your credit repair but you really need a monitoring service with all 3 bureaus to track progress throughout the credit repair process. A good one to use is PrivacyGuard.com because you can get about a 2 week trial period for $1 and it gives you all 3 bureaus. Then they are about $25/mo I think, to continue the monitoring service.

      So, back to your question about what account number do you put, you'll have to get a credit report with those account numbers on them. Without the account numbers, and having multiple accounts, they won't know which one to "investigate" because they need to input that number when they send the dispute through eOscar to the furnishers.

      Having a report from creditKarma will assist you in knowing how to answer the security questions you get when you go to annualcreditreport.com. At least it's good for that!

      Your validation letter should have the collection company name and address, their "reference number" they usually like to call it an account number but since you've never contracted with them, that's bs. Then just write your letter.

      Start by telling them that you saw they are accusing you of owing something and you disagree. Tell them you've never agreed to do business with them and you don't agree now. So, you are disputing this false accusation and demanding validation.

      Then you list the items you want them to send to you and tell them if they do not provide everything as listed, you reject it as validation, and until they send you everything requested, FDCPA 809b says they have to get their smear campaign off of your credit reports as that would be continuing collection activity and not allowed under the FDCPA.

      Here is a blog post that gives a bit more information on how to write a validation letter. http://futureficocreditrepair.blogspot.com/2014/04/how-to-write-validation-letter.html Hopefully you'll put together a decent letter and see some good results in a short amount of time.

      Delete
    2. Matthew, I got your other 2 comments but I don't want to publish them here because they give out too much personal information. About the account numbers, that's how they always have them except on lender reports.

      Please contact me by email. My email is futurefico@gmail.com Include your phone number and please include what state you are in also. If this comment blocks out my email, it is up at the top right hand side of this blog. future fico at gmail dot com.

      Delete
  26. Hi Shannon,
    I've recently stumbled across your blog post after trying to gather some information.
    I recently pulled my credit report and saw an account on there that was in no way mine since the date it was opened I was only 12.

    I disputed it online, as well as one from a CA (Midland Funding) that had been mailing letters to my parents home in which I haven't lived in for over 2 years. My dispute came back as all acounts being removed from TransUnion.

    A week later i received a letter from Midland stating they have closed the account and have instructed the three major CRAs to delete.

    My question is, is Midland able to resell the debt? How do I go about removing the OC from my reports?

    ReplyDelete
    Replies
    1. Hi Brianna,

      Midland has a consent order against them and they are not allowed to resell the debt. To remove the OC from your reports, MAIL a dispute to the bureaus as it not being yours as it was opened when you were only 12 and an obvious victim of identity theft. It should come off.

      If it doesn't come off, you may need to file a police report and download the identity theft form from the FTC website, fill it out and send to the OC. You can try just sending a letter to the OC also without the police report, etc. and telling them that this is not your account because you were only 12 when it was opened and you have no idea who opened it and why on earth they didn't bother to check the age of the applicant before they granted this account to someone who obviously isn't you.

      Delete
  27. Hello Shannon,

    I have been cleaning up my credit for less than a year. I am having great success simply by disputing with the three credit bureaus, doing so with online disputes, and am down to only two collection accounts with Transunion, Equifax and Experian.

    Only one collection account is showing up on all three reports so getting it removed will be very rewarding since they have proven themselves to be interested in only one thing, damaging me as long as they can.

    I am referring to Pinnacle Credit Services who seem to think of themselves as being 'Hit Men' for Verizon Wireless. They are like pit bulls holding onto a steak regarding my account.

    I have disputed it several times with the credit bureaus and the only result is verified by the collection agency. They have gone so far as to remove it, make an adjustment, them immediately add it back to my report, either by adding the original creditors name, or changing it from a closed account to an open account.

    I sent them a certified letter that was received on April 4th, 2016, demanding proof that this is a valid debt and that they are legally entitled to collect it. It is my belief that this account, whether proven or not to be mine, is past the Alabama Statue of Limitations as it is over 5 years old and I made that clear to them without ever admitting to the debt being mine.

    The only response I have received is a change in my credit reports on April 7th and then again on the 9th. They have not sent me even an acknowledgement that they received my letter.

    My question is this, do I need to wait the 30 days before sending my documentation to the credit bureaus demanding they remove the item since there has been no verification or even a response or do I wait the 30 days and send a follow up letter to Pinnacle, again giving them 15 days to respond as other writers have suggested?

    Regards,

    Scott

    ReplyDelete
  28. Hi Scott,

    First, GRRRRR regarding Pinnacle. I hate them and you have described them accurately. I think they along with a couple other medical collectors are in a competition for the dirtiest and most defiant collectors of the year award. They are trying to bump off Portfolio and Midland. Pinnacle will even tell you they aren't going to investigate or even try to validate because they don't have to since they believe the letter came from a credit repair org. I absolutely hate them and they are big time law breakers!

    So, what to do. Because you just sent your first dispute to them directly, wait the 30 days. Then follow up with a Full Cease & Desist letter giving them 15 or 10 days to cure their default. Title that letter as 2nd Notice - (next line) Notice of Default and Dishonor - Opportunity to cure.

    At the same time you send out the C & D letter, send a dispute to the Bureaus and tell them that you have demanded validation and they have not responded and that they are under a C&D order. Tell the bureaus that the account is still not yours but it is also OBSOLETE and needs to be removed immediately.

    Hopefully that will yield the results you are looking to get. Feel free to call or email me for more guidance on the C&D letter.

    Good luck!

    ReplyDelete
  29. Hi Shannon

    You have some great information here.
    I currently have credit card accounts reported to the credit bureaus that say charged off. I have been receiving letters from third party collectors telling me to pay, but they don't show on my credit report.
    I want to improve my credit score so I can eventually purchase a home in a few years. But because none of the collection accounts how on my report, I won't be able to remove anything?
    The accounts that are being sent to collections are only noted as "charged-off." Is there anyone to clean my credit of these as well?

    Thanks

    ReplyDelete
    Replies
    1. Hi Dear...,

      Yes you can get them removed. Are the original creditors reporting a balance? If they are showing a $0 balance then you really don't need to bother removing them.

      Now, the letters you're receiving from the 3rd party collectors, you should respond to them immediately and demand validation of the alleged debt. You are running out of time as they most likely will hit your credit reports if you do nothing.

      Feel free to call me or email me for more information on how to handle them.

      Delete
    2. Mrs. Lopez my name is Florence. I have a judgment entered for medical bills. My husband and I would like to purchase a home however that judgment is on my credit. When I contacted them my judgment has risen fro $1,500 to $5,500 how can I get around this. I did sign a contract with them in 2011 to make payment. But the interest is ridiculous and before reading your blog I've reached out to them to see if we can reach a settlement offer, they wouldn't budge. So i would like to dispute the interest or is there a way I can dispute the entire contract.

      Delete
    3. Hi Florence,
      In some states, making an agreement resets the statute of limitations clock and confirms with them that the debt is yours. Now this is a judgment so I don't believe that it resets any judgment SOL clock.

      You can always dispute any debt and how they calculated the amount they say you owe. The amount they are saying you owe is court ordered interest added on top of the judgment amount and the longer it goes unpaid, the higher the amount goes.

      Now, my partner and I remove judgments from credit reports all the time whether they are paid or not. However that doesn't get rid of them from public records. Also, if they are not budging with you on the amount and refusing to settle and get something instead of nothing, you won't get any settlement company to negotiate on your behalf either because the amount, though high, is not high enough for them to work on it.

      If the company that owns the judgment is not the original company that got it, you can demand validation all day long. The courts will always say that you owe it though.

      If this is a default judgment, there are ways to vacate it. That would eliminate the debt and get rid of the judgment. I never recommend motioning to vacate unless the original debt is outside the statute of limitations. The amount of years for the SOL depends on the state you are in. You have to be careful because some states consider medical bills to be written contracts and some are open contracts. Mostly they are open contracts because you sign for services without knowing up from the full price and payment structure.

      Also, even if you get this off your credit report, when buying a home, some title companies will find it in the title search and the lender may say it has to be paid before funding.

      If you want to discuss this more, please email me at futurefico@gmail.com

      Delete
  30. I have a collection that was deleted by the original creditor for rent payment. They sold the information to the collection agency and now are reporting on my Transunion and Equifax. How do I begin to dispute this when the original creditor collection has been deleted.

    ReplyDelete
  31. Hi. Thank you for helping me and others like me with credit issues. I want know how to go about dealing with a collection agency reporting that I owe them and has original creditor info on the report under their report. This information from the collections agency is showing on Equifax and Transunion. But the orignal creditor reported this information to Experian(which the account was deleted yesterday) I did not even dispute it. :-)

    ReplyDelete
    Replies
    1. Hi Shanika,
      You begin by disputing the account with the credit bureaus they are reporting on. It is highly unlikely that the original creditor will furnish any information. Even though it is the OC info under the collection company, it's just the collection company being deceitful in most cases.

      You have no account with a 3rd party collector so you start by disputing with the credit bureaus that you have no account with the company, they have never sent you any notice or bill about the account which is a violation of the FDCPA and they need to remove it until the company sends the verified proof, including a contract between you and them with your signature and their authorized employee signature.

      This may or may not get it deleted. If the dispute comes back as verified, you will need to start the validation process where you contact the furnisher (3rd party collector) directly, and demand validation.

      Delete
  32. Hi Shannon,

    1. When you say green card from certified mail or you talking about the receipt with tracking number on it you get when using certified mail?

    2. What if the collection agency gets irritated and just sues me? Can they do that even if they don't have original contracts between me and the original creditor?

    ReplyDelete
  33. Hi 310,

    Yes the green returned card showing they received it.

    What if a collection agency gets irritated and just sues? Well, if you fight it properly you can win because they DON'T have any contract with you. You have to demand validation, when you get their response saying they verified, write them back and tell them that you reject their claim because they still haven't proved squat! Never let their responses go unanswered. Silence equates to Agreement. You have to answer and show you don't agree.

    Can they sue when they don't have contracts of any sort? Well they're not supposed to but since when do collectors and creditors for that matter ever think the laws apply to them?

    Look up Hearsay Case Law. That is very clear that you have to have both the sworn verification AND the documentation or else you have nothing but hearsay which is incompetent and inadmissible.

    Validation is the best way to hold them off from suing you. Who cares if you piss them off? I'm more pissed off about their unlawful behavior than they could possibly be with you. It is YOUR RIGHT to demand validation and their obligation to provide it fully or stop ALL collection attempts.

    You know when they have designs on suing you because what usually will happen is they ignore your validation demand and forward the account to an attorney. He will send you an ITS. You need to immediately respond to that bs to keep them at bay. You would also need to tell them that their client just broke another federal law by continuing collection activity without validating.

    ReplyDelete
  34. Hi. I really need your help here, a collection agency put an intercept on my tax return for a student loan. Upon calling them, they proceeded to tell me they sent out a notice on february 19th 2016. I never received any notice, so i asked where they sent it to and they gave me my old address. I believe these people intentionally sent the notice to an address they knew i no longer resided at so they could put in an intercept for a no response! I moved in October of 2015 and not to mention the person they were collecting for had my current address because i continued receiving mail from them. If the original lender has my new address then why dont these people? Its all for a school loan through Westwood College im not sure if you are familiar with that school but the closed their doors after receiving multiple law suits against them for misrepresentation among other things. I filed papers to dept of education letting them know i was one of the people that got mislead, i have a criminal record and they enrolled me in their Criminal Justice program anyway and they never told me that my credits earned there would be useless to any other school if i wanted to transfer. To sum this up, a collection agency took 2400 plus dollars from me and never notifed me of any attempt to collect they deceitfully sent a notice to my previous address, what can i do this has been a serious inconvenience for my daughter and i. Thanks for any and all help.

    ReplyDelete
    Replies
    1. Hi Martha. Did this collection company have a judgment against you? I'm not an expert in tax refund thievery by collectors or student loan collection grabs. However, it seems to me that they should have needed to get a judgment before they could enforce payment. This must be a fed student loan. I think your best bet would be to contact the IRS and find out what you can do.

      I do believe that if you file jointly, there is a form you can file called an "injured spouse" and they may send the refund to that person.

      I wish I could give you more guidance on this but I haven't put the research time in to this subject. The only other thing I can tell you is to talk to a tax professional. They would be able to give you advice that I can't and are probably pretty familiar with this type of situation.

      Delete
  35. I have about 6 things on my credit report that I am going to send a validation letter to. Can I do them all at once or should I send one at a time?

    ReplyDelete
    Replies
    1. Hi Nat. If the 6 items are all with the same company, you can send 1 validation letter and dispute each item in that letter. If they are different companies, then you would do a validation letter to each collector referencing the alleged account number that corresponds to each of them.

      If you are talking about bureau disputes, you can dispute all of them on one dispute letter to each bureau.

      Delete
  36. Hi Shannon,

    I just found your blog and it is awesome!! I just got a validation letter together and I am going to send it certified today. What happens if they don't sign for it and we don't get that green card back?

    Thank you for all your wonderful advice!!!

    ReplyDelete
    Replies
    1. Hi Sadie,

      If they don't sign for it, the post office will send you back the letter and it will say something like "refused" on it. You should also have the stamped little green and white certified mailing receipt that you got from the postal clerk.

      Next, make a copy of the refused envelope and the mailing receipt. When you dispute with the bureaus, tell them that this item is UNVERIFIED and the company has chosen not to validate, therefore the law requires it to be deleted and the alleged account closed to any further collection activity.

      Delete
  37. Hi Shannon,

    I have been dealing with LVNV Funding LLC. I just sent a letter to them asking to validate that the account is mine. I also mailed disputes to the credit bureaus about two other collection accounts.

    I have 2 questions. I have one which is still under the origional creditor should I try to work that one out? try to pay it?

    The collections are from 4 years ago and they continue to re post it on my credit report. I am so frustrated. How do I make sure they don't re instate it on my credit report?

    I applied for mortgage and got declined and she told me to pay and she would approve me after I pay those collections. It is about 2000 all together.

    Please advise. Thank you!

    ReplyDelete
  38. Hi Jame,
    Ah, LVNV- pain in the butt but usually they will come off without too much of a fight. They usually buy old junk debt.

    The one with an original creditor. Is it in collections or charged off? email me please - futurefico@gmail.com

    The collections from 4 years ago - they might be old enough to hit with a C&D. Depends what state you are in and the DFD-date of first delinquency with the OC.

    Regarding your loan officer - hate to slam people but she obviously has no clue about credit repair or that paying a collection is one of the worst things you can do. Please email me or call me so I can give you better guidance.

    ReplyDelete
  39. ONe more question how can I get these off, the statue of limitations for florida is 5 years and it is now 5 years. How can I address this?

    ReplyDelete
    Replies
    1. Start with a Cease & Desist to the collectors directly. Reiterate that you have no contract with them and since the alleged debt is too old and you have no business agreement with them, they need to close their file, get off your credit reports or face a possible lawsuit if they violate your notice to C&D.

      Next - Bureau dispute telling the bureaus that it is not your account as you have no contract with them and it is OBSOLETE and violating your state statutes. Please delete immediately!

      Delete
  40. I have a question. I was paying a debt to a collections agency Kramer & Kramer. Didn't sign a contract. Now Kramer & Kramer isn't answering my call and some new company is demanding money. I disputed it online and it was taken off my credit reports. Am I good or can they still put it back on there?

    ReplyDelete
    Replies
    1. Hi Shane,

      I'm confused whether they removed the Kramer & Kramier info or the new company. If it was K&K, I'm guessing that it will not be coming back on because it sounds like they sold it to another junk debt buyer.

      If it was the new company, there is a possibility that it would re-appear. The law requires them to inform you within 5 days if it was reinserted. So if that happens and you don't get any notification within 5 days, you need to dispute it again and tell the bureaus that they just violated the FCRA and so did the collection company for not notifying you of the reinsertion.

      In the meantime, you need to hit the new company with a demand for validation and you should make it a strong one. if you don't, they can assume the alleged debt is valid and put it back on your reports.

      Always, ALWAYS, demand validation and always reject what they send and claim is verified. They MUST validate when you request or demand it and verification is NOT the same thing. They have no way to do either since they have no first-hand knowledge of squat. That is a requirement of verifying and validating.

      Delete
  41. I recently paid off a collections acount and received a pay for delete letter from the collectors. Do i need to send this information to the credit bureaus myself?

    ReplyDelete
    Replies
    1. I would do a dispute with the bureaus but NOT include the letter at first. You just dispute that they've never lent you any money nor provided any services to you and have no permission from you to be on your credit report. Then, when the bureaus contact the collector to see if they verify, hopefully the collector will honor the agreement and delete. That way they don't get in trouble for violating their contract with the bureaus and you are done with them.

      If they don't honor your PFD and claim to verify, then the next dispute you send in the letter to the bureaus to get it removed. Hopefully the bureaus will respect the agreement you have with the collector to delete and do so.

      Delete
  42. Hello,
    Have a question about student loans. They have been selling my loans from SallieMae to Navient and now they put it all together as one which is now fedloan. Will I be able to remove them that are Noel $0 out?

    2nd question when FCRA says on a 3rd party that's it's verify what does that mean? Because I got nothing in the mail showing jack about how they verified. I remember you talking to another person saying not to keep disputing the credit bureau... So what do I do?

    ReplyDelete
    Replies
    1. Hi Priscilla,
      You can send a demand for validation to Navient. You have no contract with them. Since they are making up a new account at Navient with all the loans as one, they will have no contract for that amount with your signature on it. They have become a 3rd party collector basically, and have to comply with the FDCPA.

      I would see if you can get copies of your loan accounts from Sallie Mae showing $0 balances on an full accounting sheet. You never asked anyone to pay them off for you so since they got paid off somehow, you now really owe nothing and there's no contract with whoever paid it off (Navient). They were not named on the original contract. They don't qualify for subrogation. See 73 AmJur 2nd, sections 90 and 93

      After you demand validation from Navient, go back and dispute with the bureaus again. Do not dispute every error - only 1 at a time so you can keep disputing without getting hit with a "frivilous" letter.

      Delete
  43. I cleaned up my credit, got approved for a mortgage, and now I have 2 third party collectors trying to get money from payday loans that I am not even sure I even got. I live in Ct.
    The loans do not appear on my credit report, but I am so scared, because my closing is scheduled for 2 weeks from today.
    I have asked for validation of debt, and they refuse, when I ask for their address, so I can write them a letter, they yell at me and hang up on me.
    I am terrified, because, like I said, I am so close to obtaining what I have always wanted

    ReplyDelete
    Replies
    1. Since they are contacting by phone and violating the FDCPA all over the place, I have a feeling that they are not legitimate collectors.

      Keep an eye on your credit reports just in case they pop up, but I have a gut feeling that they won't. Next time they call, tell them that you filed a police report and have tracking on your phone. Tell them that when the police give you the tracking report, you are going to circle their phone number (and you are keeping a log as well), you will be turning them in to the attorney general.

      That should scare them off. All you need to tell them other than that is that if they are a legitimate, license and bonded collection company, they can put their problem with you in writing and send it through the mail.

      Don't give them your address and if they try to give you the last 4 of your ss#, tell them what they have is not your last 4, or if they give you the whole thing, that is not your number and you're not going to give them yours because it's none of their business. Also, tell them that you've never owed any payday loan and don't even know where one is and have never needed one.

      These guys are scammers. You can read about them all over the internet. It's highly unlikely that they will ever report anything. They are just trying to get money from you and everyone else they harass and attack.

      Delete
    2. I hope I did not shoot my own foot, I found the name of one of the collection companies, they are not BBB but you can still file a complaint, so, I did, I wrote that they called me (and the date) How I requested a Validation of debt and never received one. As an outcome, I asked for contact to be made via mail, or no further contact at al.
      Again, I really hope I did not make things worse

      Delete
    3. Hi MBW,
      I don't quite understand your comment. Did you contact the BBB and file a complaint against the collection company or did you file a complaint with the CFPB? Either one, you should get a response by email but it would be ideal if the complaint was with the CFPB. When they contact you, tell them that your preferred outcome is that the collection company produce a contract between them and you, signed by both you and their authorized representative or it be deleted and the file closed against you by the collection company.

      Delete
  44. How can I get a credit card account removed that is showing up as closed/ charge off on two credit bureaus and open on Equifax. They are not reporting the balance as $0 either since it is charged off. No third party collection account is showing up on my credit report but when I call previous credit card company they said its sent to a collection company and give me their contact info. This going on like this for about a year. Please help. Thanks

    ReplyDelete
    Replies
    1. Angela,

      First, you need to keep all communications in writing. This is especially important because then you would have proof that the credit card company sold it to a collection company.

      Your next step should be to write a dispute letter to the bureaus and dispute the credit card company as having an inaccurate balance since they sold the account and they need to either change the balance to $0 or delete the entire trade line.

      Next, get monitoring for your credit report so you can see if any collection activity starts on your credit reports. Also, keep an eye on your mail. If you get a bill from a collection company, you have 30 days to respond and dispute it plus demand validation. Respond by certified mail. Stay off the phone with these people. They are trained to get you to admit the debt, which allows them to claim they verified (even though they haven't).

      Delete
  45. Good Morning Ms. Lopez,

    Thank you for the time you are going to take reading this and all other prior posts before that have provided in depth knowledge. Going through some of the threads I noticed you referred to PrivacyGuard. I have been using MyFico.com and am pretty pleased with their services thus far. I recommend anyone to use the service as it also gives you multiple scores for the various versions of scores. ex. If you are applying for a credit card there is Fico bankcard score 8 along with 2 other versions previously used but they each have their own respective scores except that they will most likely use the newest version which is the 8. Same goes for auto loans or mortgage loans as they have their own versions being used. The scores do vary obviously by any of the 3 bureaus.

    To confirm: DO NOT dispute on-line. Only through certified mail which is the green card?

    I have an old college Federal loan that I defaulted on since I lost my job and a claim by the original creditor was filed to the government and paid by them. It’s reported on my credit as closed and negative and was never bought and transferred to a third party creditor so it still shows ACS/College Loan Corp and also shows ECMC as 2 separate entries. Is this something I can have removed? I only have a few years left before it falls off but I am trying to clean my credit as best as I can now.

    I ran across your blog in the beginning of the year when I started the mortgage application process to buy my house which I signed for last Thursday. My credit was in the upper 500’s which allowed me to get approved for a program to buy the house except it would not provide much lender credit. The mortgage broker told me to settle my collections (I understand I do not owe them anything except with the timeframe I had I needed to) and he would be able to have it removed from the credit report for about $40 per bureau. I settled about 3 or 4 accounts each on my credit as well as my wife’s which intern brought up our scores 80+ points allowing us to get way more lender credit to use for closing and also qualified for a better rate. There are about 2 collections left on our reports that I’m hoping can be removed to not show any negative information on both of us and want to try your method of disputing with the third party collectors. Since the beginning of the year is when I can truly say I have really started caring about my credit as one realizes (as much as it’s a trap) that credit is what the system uses to define us as a person and what sort of responsible people we are. Thank you for the time you have taken and continue to take in helping anyone and everyone who reads your blog.

    ReplyDelete
    Replies
    1. Hi John,

      Thanks for commenting and I'll try to respond to everything you have here.

      MyFico - I recommend everyone use a monitoring service they feel comfortable with. I'm glad you are happy with the one you use. I personally don't care for MyFico because they don't give account numbers that make any sense and sometimes not at all. I don't like that they give you 20 pages of all the different versions of FICO scores. I don't care that much about scores. I care more about removing items from credit reports that are affecting the scores and the ability for people to rebuild.

      Do not dispute online. Correct. There are a few things that I think are okay to dispute online such as inquiries and personal information. The Green Card is the return receipt and sometimes I use it and sometimes I just use the certified slip. However, if you are not squeamish about escalating to a lawsuit against one of the creditors/collectors/bureaus, then use the green card return receipt. You may need it.

      Student Loans and guarantors such as ECMC. Yes they can be removed. They can be difficult. ECMC and other insurers are treated as original creditors because they were on the original contract. But you can dispute them with the bureaus and then, if and when they verify, you can dispute directly to them and demand the documentation from origination to present (accounting). I think it may be better to attack the original creditor first and make them prove they actually lent you something and make them prove it wasn't securitized. Once securitized the loan really doesn't exist anymore. It may take getting a securitization audit for student loans to aide in removing not just the trade line, but also the alleged debt that ECMC is going to claim you owe them.

      Congratulations on being able to get your new home. Your mortgage broker told you to do only what he knows will help and thank goodness it didn't backfire on you. You do what you have to do to reach your goal so that is a success for you. You can go after the remaining collections and if you stand firm and rebut/reject their claims, you should see them gone this year as well.

      Thank you for the kind words and good luck to you for the rest of your credit repair journey.

      Delete
  46. I was on another website (NOLO) and there was talk that this request for validation had to take place within 30 days of them first contacting you. Is this the case.

    ReplyDelete
    Replies
    1. Hi Matt,
      You have the right to demand validation at any time. even if it is past the first 30 days. Here is an article I wrote about this situation.

      http://futureficocreditrepair.blogspot.com/2014/07/disputing-3rd-party-debts-after-30-day.html

      Delete
    2. Hmmm, it voided my link. Look at the article I wrote on July 3, 2014. It is titled Disputing 3rd Party "Debts" After The 30 Day Requirement Has Passed

      Delete
  47. I recently received a letter from a collections stating "Because of the age of your debt, we cannot sue you nor report to any credit agencies." Is that a valid form of communication to get this collection removed from my reports?

    I don't know the original delinquency date, but I didn't know if I could use that statement and letter to get it removed.

    ReplyDelete
  48. Hi Meredith. That letter is proof that the collection is for an original account that no longer exists is past the statute of limitations plus it is over 7 1/2 years old so it can't be put on your credit reports.

    If it is on your credit reports, make copies of that letter and send to the bureaus and tell them to take it off immediately.

    Then also write a letter to the collection agency telling them that you absolutely deny owing any debt to them in the first place and you demand them to Cease and Desist, close the file and never transfer their bogus account to any other person or company as it will a violation of the C&D and FDCPA and you will sue them for $1000 plus actual and punitive damages.

    ReplyDelete
  49. Hi Shannon, I recently received a letter from 2 different law offices, one trying to collect a debt another telling me their client has instructed them to prepare a lawsuit against me within the guidelines of the applicable statutes and that I'm directed make all payments and future correspondence with their law firm. I would appreciate some direction on what steps I should take. They also want me to pay attorney fees.

    ReplyDelete
    Replies
    1. Hi Lisa,

      I am assuming the letters from the law offices are for 2 different "accounts" and not the same one. If I am correct, immediately demand validation, and especially from the one that is threatening to sue you. This is your best weapon against getting sued.

      In your letters to these vultures, you need to tell them that you deny owing any debt to them, deny any account with them, deny knowledge of any debt they say you owe and that you are standing on your right to demand they prove their claim.

      Demand a sworn affidavit of verification of the alleged debt, under penalty of perjury and notary seal. They need to testify that you have a valid bilateral account with them, they are the holder in due course of the alleged contract, they have proof of a valid assignment which would need to be recorded and proof that they have some interest to protect. They need to prove that they lent you something or provided services for which you hired them to do.

      They need to swear on the affidavit that any contract supposedly related to that alleged contract that full disclosure was given, stating that your signature on the negotiable instrument funded the credit or monies you allegedly spent, and they need to swear that insurance monies were never paid for an asset loss claim and that the charged off account never was used to receive tax credits, which is a requirement of FDIC rules and Title 26.

      Demand the documentation. A certified copy of the valid bilateral contract with their authorized representative's signature and your true wet ink signature. Full bookkeeping proof of accounting from the origination of the alleged original account to the present date. Proof of every charge, payment, credit, fees,interest, what each charge was for and the date each event occurred. Billing statements do NOT qualify as a full accounting.

      Demand proof that the alleged account is not outside your state's statute of limitations. Proof that they are licensed to do business in your state.

      Tell them that if they do not send you every requested item, that their claim will remain unverified, and you will be required by law to report them and request charges against them for mail fraud. Also, because you have demanded validation, until you receive everything demanded, they are to stop all collection activity including furnishing or verifying anything with any and all credit reporting agencies and they are prohibited from taking legal action against you in a court of law.

      Tell them you have no obligation to pay them or any attorney fees until or unless they prove their claim.

      At the end of your letter in big, bold type, put --> SILENCE EQUATES TO AGREEMENT.

      Don't sign your name with your real handwriting. Use a signature font or type it in basic print font. Under your name, put "Without Recourse, All Rights Reserved."

      Give them no more than 30 days to provide every single item. After that time is up, if they haven't responded, notify them that they are in dishonor, they are in default and they have 15 days to cure their dishonor and default. If they are on your credit report, tell them you are now documenting each day that they are slandering you, at the rate of $1000, per bureau, per day and you reserve your right to take legal action against them in Federal court for their violation of your rights and violation of the FCRA.

      If they respond, please email me so I can assist you in your response back to them that will put them in their place.

      Make sure you send your letters out certified mail, return receipt. Normally I don't do the return receipt but you need to mail this way because you are dealing with stinky debt collection law firms and they are the scummies, law breaking bullies, who cheat, lie, and steal, and ruin people's lives.

      Good luck to you. Now go get them!

      Delete
  50. What a wonderful source of information!

    ReplyDelete
  51. Shannon, I have two accounts currently in collections. One is medical and one is a credit card. I have been paying on both of them because I didn't know I could dispute them. Is it still possible to dispute them and have them removed from my credit?

    ReplyDelete
  52. You can always try. You would need to say something like: I just realized that I had the right to dispute this before paying you for something I don't even think I owe. I need to demand validation from you and have you prove that we had some contractual agreement that obligated me to pay you. You need to prove that you lent me money or provided services for me and that you had an interest to protect in the alleged original account.

    Please provide all of the following items or close your file and remove this from my credit reports immediately.

    Then you list your demands for validation. It may or may not work since you basically contracted with them by making payments.

    I hope it works though. Good luck!

    ReplyDelete
  53. I wanted to let you all others seeking Shannon's advice use it! Don't pay those people anything I did exactly what she told me to do and got over 10000 worth of garbage removed from my credit I have zero balances on all three bureaus thanks to Shannon they may be stingy with you but keep wearing them down and they will go away eventually thank you Shannon it's because of you I can rebuild my credit as someone starting with no credit

    ReplyDelete
    Replies
    1. This is awesome news Josh. Congratulations on your hard work and persistence. And thank you for the compliments. You're very welcome for any help I gave you.

      Delete
  54. Hello again!!! I had replied to this blog before and have taken some steps in the right direction (secured credit card, paying off in full), but is there a company you would recommend in the actual process of writing the letters and dealing with the collection agencies? I have a new position at work that is very time consuming and also full time Mommy and wife and I find it hard to stay on top of everything in a timely manner and make sure I have sent what needs to be ,when it needed and to whom it was meant for. Any and all recommendations are welcome and yes I know its not as rewarding when you are paying someone else to do it but I just feel overwhelmed with the process and I think its time I handed it over to someone else. I have tried an agency before but it made my credit worse rather than improve so hoping this time around will be productive.

    ReplyDelete
    Replies
    1. Hi Hannah,

      Yes, I would recommend my company :-) We are very successful and I would love to help you. Please call me at your earliest convenience. My phone number is 951-801-2828 and my email is up at the top. I'll put it here but I have to leave spaces because the settings block out links in comments. futurefico @ gmaildotcom

      Delete
  55. Hi Shannon,

    Thank you so much for giving valuable advice in your article!!!
    Recently I found a collection account on my credit report which is about cleaning fee from a leasing company. I contacted the original creditor and also the current collection agency (Now I know this is stupid!!!).

    And the original creditor never contacted me although they said they did. And they provided me a bill by email but there is even an error of my move-in date! Nor the CA and original creditor sent my any bills in written by mail. The CA does not have any collection activity at all and ridiculously, it was me who contacted them to notify that I saw a collection on my credit report with them...

    About the cleaning fee, when I moved out they said they would not charge me for cleaning fee. And my roommate said they never came in to clean to repair after I left.

    I am getting married soon and planning to buy a house next year. I feel so anxious about the credit score. I could not be more grateful if you could give me some advice what should I do with CA and original creditor, and how should I dispute with the bureau...

    Thank you!!

    ReplyDelete
    Replies
    1. Hi Sophy,

      It sounds like it wasn't that long ago that you moved out of your rental residence and that even though you moved out, your roommate didn't. If this is correct, then there is NO WAY that they did any cleaning! Their demand for a cleaning fee is most likely a bold faced lie.

      In most states, possibly all, though I'm not familiar with all states' statutes, you can't charge a cleaning fee for normal wear and tear/usage.

      You need to demand validation from the collection company. The CA is REQUIRED by federal law to send you a notice that they have been retained or have purchased the account and you have 30 days to dispute the claim. There is required verbiage they must include on that first notice. It is referred to as a "Dunning Notice".

      The FDCPA requires that they stop all collection activity until they fully validate. Do not let them get away with sending you just the original creditor's name, amount, date, etc. That is basic verification and you want PROOF of the claim - VALIDATION.

      They will need to provide a contract between you and them specifically. They need to provide a full accounting and proof that the services were provided and let them know that no services have ever been provided by them or the OC and you have a first hand witness who will testify to that since they still live there, a recorded assignment and full chain of assignment, a certified copy of the original contract, and you can throw in some other things which you will find in some of my posts regarding validation and 3rd party debt collectors.

      I would tell them that I deny their claim, deny owing any monies, deny any contract with them, deny they have ever lent anything to you or provided any services to you, and then refuse to contract with them as you do not do business with 3rd party debt collectors, especially those who lie with such ease and already failed to comply with the FDCPA because they never contacted you within 5 days of initiating collection activity giving you notice of your right to dispute the alleged account.

      They also illegally placed information on your credit report without your consent and written authorization as required by the FCRA. So, they are violating 2 federal laws from the get go.

      Tell them to get off the credit reports until they fully validate and make sure that at the end of your validation letter your put in capital letters, SILENCE EQUATES TO ACQUIESCENCE. That means that anything they don't send proof of, they admit that you are right and they haven't proved their claim.

      Make sure you do not use your own handwriting for your signature. This is VERY IMPORTANT! Also, make sure you mail the letter certified mail and preferably with return receipt.

      Delete
  56. Hi Shannon,

    I have a few questions. I bought a book to help with the loops holes and letters to have items removed. I am just starting out but came across your blog. #1 how can I get a repo removed? They did not send to collections as it was an "In house financing". They do not have my on time payments listed on my report. only where it shows charge off bad debt. Is there a way to have that removed? #2 I did a dispute on CK 8/6 and they explained the 30 day process. as of today 9/9 it still showing under investigation, so I called transunion. the women I spoke too claimed it was resolved on 8/24 as verifiable and stated I was emailed and sent a letter, which is just not true, I did not get an email or a letter. How can I fight this? #3 filed a dispute on CK and it was removed but then the same day it was put back on again. Is this legal? I know moving forward I am only doing this by mail, as it should not be done online as you waive your right for law suit with out knowing it. Thank you in advance for your response. I look forward to hearing back from you. Deede

    ReplyDelete
  57. Hi Deede,

    For the repo, you have to challenge whether they complied with the statutes and met every time requirement of the repo process for your state. You can demand the documentation they used to claim that the accuracy of what they were reporting is accurate and then basically hit them with validation, just call it a proof of claim instead of validation.

    The dispute on CK, since they claim it was resolved, write to them again and tell them that the dispute is not resolved and give them the definition of "resolved" and let them know verification requires a sworn affidavit. Demand to receive a copy of the sworn verification (give them the definition of Verification/Verify from Black's Law Dictionary). Demand for them to tell you the name, title and contact info for the specific person they talked to and the documentation they gathered to support the verification as this is required when you request it under the FCRA. Just know they are not going to give it to you but it helps build your case.

    Dispute that the history is inaccurate and the information is incomplete as they are not showing any payment information. That is a violation of the FCRA and under 611 (a)(5)(A) they are required to correct or remove inaccurate, INCOMPLETE, and unverifiable information.

    When you dispute online, often you will see things removed and then put back on. They take it off while it is being investigated then put it back on when they receive a response that it has been verified. Yes they can do this and it is what they are supposed to do. They didn't really remove it, they basically put it on hold and then made it visible again.

    When you get a letter in the mail from the bureaus with a list of what was deleted, remains, updated, etc., the items that were deleted are not allowed back on your report until they are provided with documentation. Then they have to notify you within 5 days that that item is back on your reports.

    ReplyDelete
  58. Hi Shannon,
    I posted a while ago on here but didn't see a reply or my comment. I noticed CK showed about 7 items from the same collection company being deleted as of 8/2016. I didn't even dispute those items (I was going to very soon though). My question; is that normal? Are those items really deleted and gone? Maybe they saw I was disputing other items from my credit report and just threw in the towel...

    ReplyDelete
    Replies
    1. Hi 310,

      Is it normal? I'm not sure. It is odd though that you said that you didn't dispute them and they came off.

      One reason why I don't like online disputing is because you see things removed quite often and then shortly later, they are right back on.

      It's best to see an updated paper copy of your credit report and see if they are really gone. What would be even better is to keep copies of your complete reports from the monitoring service every single month. That way, when you can see it came off for a while and then it came back on, you would have the proof to show the bureaus they need to remove it and block it permanently from returning.

      Delete
  59. I previously disputed with Citi directly and indirectly. I asked them to send me documentation to include any payments. They never sent me anything. I disputed the account through CreditKarma and after their investigation the deleted the account. I assume they got no response either. So how can I get a letter from a collection agency saying Citi sold my account to them and now asking for payment?

    ReplyDelete
    Replies
    1. Hi Michael,

      I think that Cit never responded and just let it delete because they sold the account. It sounds like you've now been contacted by the collection agency they sold it to.

      Of course they are going to ask for a payment from you. Now you need to fight back with them. You need to respond immediately and tell them that you are disputing their claim and demanding validation. You need to respond within 30 days.

      There are some specific things you want to demand that they send you. You want actual documents, not a letter saying that they checked their records and their information is correct.

      Demand to see a contract between them and you, showing that you signed an agreement to do business with them specifically. Demand to see the contract between you and the original creditor to make sure that it is a valid bilateral contract with both their authorized representative's signature and your true wet ink signature on it. You will also be looking for their company mentioned in the contract showing that they had an interest to protect.

      You want a copy of their recorded assignment of the account and the amount they paid for it. Plus a full accounting from origination to the present date showing every single charge, credit, fees, interest, credits, etc. and the date each event took place.

      You want also a sworn affidavit of verification from them stating they have first hand knowledge of every aspect of the account from origination to the present date and documentation to back it up.

      Now, you will also want to start off that letter claiming that you deny you have any contract with them, you deny you owe them any money, you deny they lent you anything, and you deny they bought any debt because there was none with the OC and that all they did was purchase information about you and create a new account without your knowledge or consent.

      Send that letter out certified mail and make sure you keep a copy as well as the certified mail receipt. Keep that in a safe place just in case you need it later.

      Go get them!

      Delete
  60. A debt collection is showing up on one of my credit records. I disbuted it online on credit karma but after one a few days they denied removing it. It did tell me who the original account was with. But I never heard of the company or have ever done business with them. It's a large amount of money and from some home accessory store. I looked up the company online and it is a store in my city. But again, I've never been there so I certainly didn't buy anything expensive or not from them. Since I already disbuted the collection online and they said they looked into it and it will stay on my report, what do I do now?

    ReplyDelete
    Replies
    1. Hi Vallorax,

      It sounds like you are a victim of identity theft. You need to go to your local police department and fill out a police report about this fraudulent activity. Take a copy of your credit report with you so you can include that information.

      Get a copy of that police report and make copies of it to send to the bureaus that it is reporting on and to the collection company as well. If the original creditor is on your report also, send them a copy also. Tell them all that it needs to be removed immediately as it is not yours and you are a victim of identity theft. Tell them to see the attached police report.

      They are required to remove this from your reports because you are an ID theft victim.

      Delete
  61. I'm confused on my credit karma I have 2 collections accounts on experian and on the other two I only have one each. But then I look on my bank monitoring credit report I see two for each . However the breakdown says I have exactly what credit karma says. So weird.
    Do I still dispute the ones I can see or only the ones that are on my breakdown ? The ones one my. Reakdown are portfolio recovery and a care credit account marked as charged off.

    ReplyDelete
    Replies
    1. Hi Nay nay,

      I don't know how you are seeing Experian on your creditkarma reports since, unless they recently changed, they only show TU and EF.

      Do you mean there are 2 on Equifax? Sometimes original creditors will charge off an account but claim it is in collections so you will see the summary/breakdown showing those as collections and derogatory accounts.

      You need to dispute what you can see because when you dispute, you need to include the account name and account number for that item. You want to dispute in writing, by mail, NOT through creditKarma online.

      If your charged off care credit account is reporting a $0 balance, then I wouldn't bother to dispute it. It has been my experience that disputing charge off's with a $0 balance drops the score when they are removed.

      Once you dispute with the bureaus, you should get a full credit report back and then you will see what all is on your credit reports that you can't completely see on your CK reports. That will help you for your next dispute.

      Delete
  62. Hi Shannon wow I been reading your reply to all these post and I'm impressed with how much you know! What you do is amazing!! I really could use your help I'm stressed over what I should do and I get different opinions from people who don't know what there talking about I have account that are from 2008 and have been in collections for ever now I believe started in 2013 because they keep calling me and updating it i don't what to do it's from when I was young I want to fix my credit to be able to buy a home a year from now what do you suggest ?

    ReplyDelete
    Replies
    1. HI J,

      Thanks for the compliments. The account you say is from 2008, was it opened then or was it charged off and closed in 2008? Knowing that info and what state you are in is important because of needing to know the statute of limitations for this account. It makes it easier to remove.

      That said, this collection company needs to be put in their place. You do that with demands for validation and responding to whatever they send, if they claim to have verified or validated. Your response is always to reject their bs and call them out for failing to truly and fully validate.

      I can advise you better if you email or call me. My email is futurefico@gmail.com and my phone number is 951-801-2828.

      Delete
    2. whoops, I've blocked links because of so much spam and it didn't show my email address. It's up at the top right side of the page. It is futurefico @ gmail dot com. You'll need to close the spaces and change "dot" to a period.

      Delete
  63. Replies
    1. Hi Shannon,

      I have a collection account (Direct TV) was the original creditor. A 3rd party collection agency had the account when it showed up on my credit report. I disputed it online as " I have no knowledge of the account" The collection account was removed from my report. I then received some information from direct tv requesting a police report/ identity theft info. I didn't submit any of the information requested because I have a feeling it was possible a family member that opened the account in my name (through a shady authorized dealer) and didn't want to get them in any trouble if that was the case. Since I didn't send in the requested information Direct Tv sold the collection to another collection agency and it's back my credit report.

      What would be the best way to go about trying to get this collection removed completely form my credit report? Should I trying disputing the Validation with the 3rd party agency ( I pretty sure neither the collection agency nor Direct tv don't has an actual/ original signed contract) after the first dispute I submitted online? Or Should I try the pay for deletion method? Or another approach?

      Thanks in advance.

      Delete
  64. Hi Tom,

    Yes, demand validation from the new collection company and advise them that the previous company violated the FDCPA by selling the alleged account when they were not able to validate and the FDCPA requires all collection activity to cease.

    Tell them to remove it from your credit reports in compliance with FDCPA 809(b) unless or until they provide you with full validation, which means DOCUMENTATION.

    ReplyDelete
  65. Hi Shannon!

    I have enjoyed reading your blog!Thank you for sharing so much knowledge and helping others..you are AWESOME!!! I am a little confused on the topic of sol. I live in Texas where over here the sol is 4 yrs. Does that mean I can disregard the 7 yr fall off date on the credit report, and go straight to disputing it to get it taken off? Also I read somewhere in your blog that charge offs should show a $0 balance. I have one that is closed, but its showing a balance, a highest balance and the amount past due. As of today it is still showing that it is with the original creditor and has not been sold. Appreciate all your help!

    ReplyDelete
  66. Okay, first, thank you for the compliment and I'm pleased that it helps so many people. Now, let's start with SOL. The 4 yr SOL for your state is for debt. Once an alleged debt is 4 years old, you can no longer be sued. If you tell them to Cease & Desist at that point, they need to do so and they can't sue you, where if you give a C&D to someone before the SOL has run, that is an option they might take against you so you need to be careful when you use that.

    The 7 yr time limit is for the maximum time most derogatory information can remain on your credit report. It is a different SOL. You would still need to dispute after the 4 years to try to get it removed from your credit reports since the FCRA allows an additional 3 years for reporting past the time your state says it is not collectible through legal action.

    Many charge offs do continue to report a balance and past due or one of those categories. They are hard to get them to change to $0 or delete. I say that it should report a $0/$0 because I know that pretty much all creditors carry asset protection. They file a claim to cover an alleged loss prior to charging off. This means that they have been made whole and have suffered no loss. On top of that, they receive a deduction/credit on their taxes for that alleged loss. This is why they should be honest and report $0/$0, stop trying to get paid again, over and over.

    I do throw that in their face when i dispute with OC's. I want them to realize they aren't duping me or my clients with their big con game.

    Hope this info helps.

    ReplyDelete
  67. Hello,
    I recently checked my report and I have to collections with no company name, no address or anything else to let me know who it belongs to. They only have an acct number and the amount listed. Can I call the CB and have them remove it for inaccurate reporting? If not, is there anything I can do to get these removed? BTW...these are both only on Equifax.
    Thanks!

    ReplyDelete
  68. Hi Collin's mom,
    I knew what bureau this was before I even finished reading your question. We see this ALL THE TIME on Equifax. It's not right. This is one instance where I would say to go ahead and call them if you feel like it.

    We dispute these as inaccurate, not mine, incomplete and violating the FCRA and depending what other information there is showing, maybe some other defense as well.

    Once they respond to the dispute, then the credit report has the furnisher's name and address on there. Once you have that you can hit them with a demand for validation.

    I am just thinking that if you dispute by phone on this one, you can probably make a strong argument for them to delete it right there and then for you. Just do not admit to any debt. No account with them, not familiar with the original creditor, no bills from any creditor that would match it, etc. These are usually medical collections that are reporting like this.

    Just remember to deny, deny, deny. That collection agency had a responsibility to contact you before they just went and slandered you without any proof, on your credit reports. So, deny it and make them come back and prove it.

    ReplyDelete
  69. I have two accounts on my credit report in collections both from the original creditor Capital one. The collections were sold off to a collections agency called portfolio recovery associates. I called them and they said that they will only report to the credit bureau that the account was paid in full (if I made the choice to do so) but not have it deleted/removed from my credit report. I live in MN and I'm wondering if there is anything I can do to have these collections removed from my account? Thanks!

    ReplyDelete
  70. Hi Shea,

    I am glad to hear you haven't paid PRA. Your statute of limitations in MN is 6 years. If these charge offs, now collections, have not had a payment in 6 years, then they cannot do anything to you except bug you for a payment and furnish info on your credit reports.

    Is there anything you can do to get them off? OH YEAH there certainly is. First, you dispute the accounts with the credit bureaus. Tell them that you have never had a contract with this company and they have never lent you anything. Tell them that the information reported is a total lie, inaccurate and unverifiable. Tell them to send you proof of a valid contract if PRA lies more and claims it is verified. Then tell them to delete them as they are violating the FCRA by furnishing false, unverified information.

    Most likely your disputes with the bureaus will come back with a claim that they verified both of them. That's just what they usually do. But, then your next step is to demand validation directly from PRA. Get tough with them. Always deny you have any account with them. Always tell them that you have never entered into a valid contract with them and everything is contract law. Then demand validation and the main thing you want from them is a certified copy of a valid bilateral contract between THEIR COMPANY specifically and you, with their authorized rep's signature and your true wet ink signature.

    I have several articles on this blog that teach how to write a validation letter. While you're waiting for your bureau responses to those disputes, read up on validation and how to beat debt collectors. That will help you write a good letter to PRA demanding validation. Don't be afraid to also tell them that it is obvious that they are violating their consent order with the CFPB because they are trying to extort money from you when there is no way they can produce validation since there has never been a contract between them and you.

    Go get them and remember, unless they can prove you owe them, YOU DON'T! They can't prove anything without a true, valid, bilateral contract and THEY DON'T HAVE ONE!

    ReplyDelete
  71. I am currently working on mine and my husbands credit so we can buy a house. His score is 508 and mine is 511. He has about five things currently in connections. I have about 10 that are closed but marked as charge offs or write offs, and then of course my student loans that I am trying to consolidate. Can I dispute the charge offs. Some are a few years old, others less than a year. Do I follow the same process you stated above for the charge offs? Also before finding this thread I already filed a dispute for one on my husbands saying no longer liable as it seemed the best fit option at the time. The account with the original creditor is about 6-7 years old. But has recently been updated by a third party creditor in 2014. By reading your comments I see I probably should have not choose this option, is there a way I can fix it and how?

    ReplyDelete
    Replies
    1. Hi Mrs. Travis,

      Yes you can dispute the charge offs. But, no, you don't dispute them the same way as collections because they will tell you they don't have to validate and that is correct - sort of. They do but they don't call it validation. You want to look at the article on how to make original creditors validate. That is geared for that type of dispute and the language is a little bit different.(9/13/15)

      Now, the dispute you just did for your husband saying no longer liable is fine. They will probably come back with "verified." At that point, you need to contact the collector directly IN WRITING. Do NOT call them!

      You will want to tell them that it is not your debt, that you have no account with them, have never signed any contract to do business with them, and you are expressing your rights under the FDCPA to demand that they Cease & Desist ALL collection activity and All communication with you regarding their accusation. Tell them that they need to close their file immediately and remove their information from your credit report as having it on there is both collection activity and a communication which violates federal law. If they refuse to remove it, you can warn them that their behavior is illegal and actionable.

      I don't know what state you are in but make sure before you do the C&D that it is past the statute of limitations for your state.

      I also recommend disputing by certified mail instead of online. Items removed when disputing online have a history of coming back on and plus, you don't have enough options for disputing, in my opinion. Always keep a copy of your disputes, whether with credit bureaus or creditors and collectors. You always want that paper trail.

      Delete
  72. How can ChildSupport and being on the tax offset be disputed, since I never went to court? The hearing was in Georgia, and I resided in New Jersey. Some years ago I received a letter saying the other party was granted an order because I didn't show. Rhen wrnt on to state how much,where,and when to pay

    ReplyDelete
  73. If it was a court hearing, it seems like you would need to file a motion to vacate for "lack of or improper service." You need to be able to show that you did not live in GA.

    If it was a department hearing, you would need to contact them because they might have special rules to appeal and it might be too late.

    ReplyDelete
  74. I sent letters requests for collection agency too validate the account and was sent a computer generated letter with account information and the name of the original creditor. What should I do from here?

    ReplyDelete
    Replies
    1. Hello,

      What you received was basic verification and not validation. These collection companies seem to have a very hard time responding to what is actually requested or demanded from them. I'm very strict on holding them to what the law and case law says. Black's Law Dictionary defines verification and that requires a sworn affidavit. So what they really sent is not even legal verification.

      What they sent is hearsay. Hearsay case law makes it clear that before they can even testify to something's accuracy (verification), they need to produce the foundational documents. One without the other is not verification or validation. It is hearsay. Sometimes I school them on that but most of the time I just respond by telling them that I reject what they've sent as validation as there's no law or case law that supports it as validation.

      I demanded validation and I did not request that you send me some computer printed out hearsay that you have no first hand knowledge about. If you are going to attempt to validate, you need to send me a copy of a valid bilateral contract between Your company and Me, signed by both parties, showing i have agreed to do business with you.

      You also need to provide a full accounting of your alleged claim. This means send me the documentation starting from the first deposit that created the alleged account that was supposedly lent to me and every charge, payment, credit, debit, fees, interest and any other event that took place on this alleged account to this present date. Please make sure that this full accounting has truthful entries that include insurance payments that were given to the original creditor when they filed a claim of alleged loss and notations of credits received from their filing of their Profit and Loss, as those are accounting facts as well.

      Oh, and I'm also entitled to know how much you paid for this alleged account so please send me proof of your Bill of Sale and the price you paid to purchase my information and create this account, which you did without my knowledge, without my consent, without a contract or agreement allowing you to subrogate on my behalf. What you did when you created this alleged account of yours is commit fraud against me and perpetrate identity theft against me.

      I'll also need a copy of the original contract between the original creditor and myself, again it must be bilateral with both parties signatures and unless you are named on that document as a party with an interest to protect, you are a stranger to the transaction, a mere volunteer and you have NO RIGHTS as a creditor against me because you don't qualify to make a claim against me according to the Doctrine of Subrogation.

      Until you produce the above documents requested for VALIDATION and you need to accompany that with a sworn Affidavit of Verification, the FDCPA REQUIRES you to stop all collection activity against me - and that includes furnishing and verifying information on my credit reports.

      So, produce true validation or get out of my life. For now, get off my credit reports as that is a violation of federal law since you have NOT validated and I reject what you sent as being validation or true verification.

      That's sort of what I would send back. Always respond. Always reject. Always refuse to contract. Always remind them that the FDCPA does not require them to validate but it does require them to stop all collection activity until they do validate, once it has been demanded of them.

      I infuse a lot of law and case law into my letters and I throw in UCC statutes/codes as well since they have to comply with those since they conduct commerce and most UCC codes have been incorporated into state statutes so they are state law. Also, look them up if you are in a state that requires them to be licensed/bonded. If not, threaten to report them to your AG for illegal collection activity.

      I hope this helps you write an effective response letter and I hope it helps anyone else who is reading this and needs help with responding to a collection thug.

      Delete
  75. Shannon, You are amazing. I have a collectiona ccount on both my transunion and equifax report. It is from a company ERC it was originally with time warner. I disputed both and got a note from Transunion saying No longer on file and a note from equifax saying it has been delted from my report. I got the first update on 2/3/17 and the other update 2/5/17. They are both still on my report i gues sit has not updated yet? Also, after filing for a dispute i received a letter from the collection agency (ERC) trying to justify the debt asking for me to acknowledge it with a written letter within 30 days. I am pretty confused at this point.. I would love to discuss this with you further.

    Thank you!

    ReplyDelete
    Replies
    1. Hi Troy,

      I think that you will need to wait a week or two to see the deletions of ERC reflected on your reports. Just to be safe though, make sure you hang on to the notices from EQ and TU, just in case they don't come off or come back on.

      Now, ERC is trying to snag you into admitting it belongs to you so they can come after you and it would hold up in court. You should respond within 30 days but not to acknowledge the debt. Rather, you need to REJECT it, refuse to contract, deny you have ever entered into a contractual agreement with them, deny they ever lent you anything or provided any services to you, deny that they have ever had any interest to protect in any account you have ever had with anyone, and deny that you owe them even a penny.

      Tell them that if they can prove you wrong, then send the documentation proving it. Send a valid bilateral contract between you and them specifically with both your signatures on it, a full accounting from origination of the original account to the present date, proof they own the alleged account and how much they paid for it, proof it isn't outside the statute of limitations, proof they are licensed to do business in your state and that if they send anything other than what is requested, they are committing mail fraud and you'll file charges against them with the postmaster.

      You can put it in your own words, write from your heart and your gut. Never admit anything, not an account with them and not that you might owe the original creditor either. NEVER ADMIT SQUAT! They are making the accusation. They have the burden of proof.

      I hope this helps you get rid of them once and for all.

      Delete
  76. My x racked up a bunch of credit cards in my name when we were together. I have been called every name under the sun by creditors. I finally got them to contact me by mail only. I've told them it was all hers but bc it was in my name it's my responsibility.so I just throw it all in the trash bc I'm not paying it. I've been seperated from her for 7-8 years. Of course she's made no attempt to pay them and she wont. Is there anyway to take care of this? I'm in TN if it matters. I won't even check my credit scores bc I don't want to stir this mess up anymore now that it has finally settled down to the occasional piece of mail. Any help would be amazing! Thank you!

    ReplyDelete
    Replies
    1. Hi R,
      Yes there is a way to take care of it and I would like to help you. It sounds to me though that in talking with the creditors (and I'm kind of thinking they were actually collectors), that you might have admitted and verified these alleged debts for them. You are going to need some help undoing that. I don't blame you for saying you are not going to pay it and I fully support that. However, if you don't attack this properly, you could be at risk of getting sued by these companies.

      I would like you to email me (my email address is up at the top right of this page) so I can assist you further. You are going to need to get copies of your credit reports in order to see important information and to be able to dispute effectively. So, please email me so I can help you further.

      futurefico @ gmail dot com

      Delete
  77. Hi Shannon, your continued support of this page has done wonders to spread knowledge. My wife and I just found out about your process and I now think we have screwed up an account or two. While I have noticed a few collection accounts pop up on my credit, some major medical popped up on my wife's and when they called her she agreed upon a payment plan. Since she agreed to pay them is the verbal contract that they have recorded enough to validate the debt or do we still have a chance to dispute it through the methods you have described above?

    ReplyDelete
    Replies
    1. Hi Mark,

      The recorded agreement is damaging and the level of damage depends on what state you are in and your state laws. In some states, just a verbal agreement is enough to reset the statute of limitations and use recorded calls as evidence in a lawsuit. Hopefully your wife only agreed to payment and did not admit the debt was valid or belonged to her.

      You need to back it up a bit and contact them in writing to dispute it before making any payment. Definitely DO NOT sign anything with them. That's a good thing you have going for you still.

      Tell them in your letter that you have dug through all your files and have not found any document or agreement regarding the debt they say you owe. So, before you make any payment to them, you are exercising your rights provided by the FDCPA to dispute and demand validation for what they claim you owe and they are required to send you the proof.

      Then you start demanding the documents needed for validation. They will definitely need to provide a valid contract between their company specifically and you, signed by both parties, agreeing to do business.

      They'll need a full accounting and a few other things. No matter what they send, since you've never put anything in writing agreeing to pay, then they have no contract and they can't validate.

      Always reject whatever they send. Just be very careful how you word things in your validation letter so that there is no way they can claim you admitted you owe the alleged debt.

      If you want professional help, I would be glad to assist. We handle these types of situations on a regular basis and are very successful in getting rid of accounts like these. If you want assistance, please email or call me. My contact info is up at the top right hand side of this blog.

      Delete
  78. Hello! Under equifax there's not an option to choose no contract to dispute a medical bill. What option should I choose?

    ReplyDelete
    Replies
    1. Hi Carrissa,

      You should option to sending a dispute letter to them by US mail. Then you can say what you want to say. I don't recommend disputing online and one of the reasons is what you are dealing with. They don't give you enough choices

      Delete
  79. Im in Florida. Do you do credit report work or just give advice? My wife and I are also in the process of buying a home and we are working with wells fargo currently to get a loan. The underwriter needed a few more than things in writing to approve us. We should back from them within a week. Is it possible to assist us with finding a home if youre in California? That maybe a dumb question lol.

    ReplyDelete
    Replies
    1. I do both. The blog assists those who are trying to do it on their own but many times they decide to hire a professional and that's where I do the actual credit repair work. I put my contact info at the top of this blog but if people can't find it, my phone number is 951-801-2828 and my email is futurefico @ gmail dot com.

      I am only licensed in CA and it's best to find an agent who knows the areas you are interested in and can help you with the right properties for you. I do have agent friends in Florida but its a big state so I don't know if they are in your area or not.

      Delete
  80. How do I contact to email or phone number? I am not finding any contact information. I have heard of things like a packet to file a dispute. They are like the bankruptcy paperwork but for filing disputes with collection agencies. Do you have such things?

    ReplyDelete
    Replies
    1. Hi Shawn& Paul,
      Who are you wanting to contact? Me? My email address is futurefico@gmail dot com and my phone number is 951-801-2828.

      As far as a packet to file a dispute, you may be thinking about a DIY kit. I don't use any packet. I write letters. I write letters to the credit bureaus and I write letters to the creditors/collectors. I go back and forth. One month bureaus, one month validations direct to creditors/collectors. Then follow up letters to bureaus, next follow up letters to creditors/collectors.

      Occasionally I will send out letters at the same time to both. The only packet of paperwork other than a DIY kit that I'm familiar with is "credit sweep" packet. I don't touch that because its illegal if you're not a victim of ID theft.

      Delete
  81. I live in Iowa and I believe our SOL is 5 years; I have collections on my credit report that have surpassed this time limit and would like to know what to do to get them off. Can you give me some information? They are all medical bills sold to collection agencies.

    ReplyDelete
    Replies
    1. Many times states will use written contract statute of limitations for medical debts. You have to fight to use your lower time of 5 years instead of the 10 yr SOL they might try to claim against you.

      You have to use validation demands and I would also use a Cease & Desist. Make sure you tell them that since they have not validated, the FDCPA requires them to C&D all collection activity and all communication regarding their alleged claim.

      Also look them up to see if they are registered to do business in your state. Your state doesn't require licensing but it does require them to be registered.

      I have several posts to assist you with writing letters. Look up those past articles:
      How to Write Follow Up Letters For A Medical Collector's Validation Response (4/14/13)
      What Is A Validation Demand Letter? (5/14/13)
      How to write A Validation Demand Letter (4/12/14)
      How To Beat Debt Collectors At Their Game (1/1/15)

      These articles should help you put together a decent validation letter to send to each collector.

      Delete
  82. I disputed a few thing on my credit on 2/22/2017 using the "NO CONTRACT" method. When I checked the status of the disputes today there is a remark that says "Account information disputed by consumer, meets FCRA requirements" Can you please tell me what this means? I've googled the phrase and I'm still lost.

    ReplyDelete
    Replies
    1. It is their way of claiming that they investigated, verified, and put dispute comments on your report as per the FCRA.

      The problem is that they didn't conduct a reasonable investigation nor an independent investigation which is what the courts have told them they must do. They haven't verified squat. They sent an electronic inquiry to the furnisher who used a 2 digit code to claim it was verified. They're not allowed to take the furnisher's word for it. They are supposed to do a real investigation and get the documentation to proving their claims.

      The system is rigged against the consumer.

      Delete
  83. I have an version account on my credit that is orginally listed seven years ago thinking it would fall off in seven years I checked my credit today and it stated last reported in feb,28,2017 I have not spoke with them if it is possible how do I go about getting this removed from my credit. I also have a company on my credit report that I do not recall doing any business with before reading this I went threw credit karma and tried to dispute by telling them that I did not do any type of business with this company is this fixable as well?

    ReplyDelete
    Replies
    1. I'm not sure what you mean by a "version" account. But, if it is older than 7 years, send them a letter telling them that it violates the FCRA to continue to furnish unproven information on your credit reports after 7 years and to get off immediately. If this is a 3rd party collector and your state statute of limitations is less than 7 years, send them a letter demanding that they cease & desist.

      The other account on your credit report that you dispute through CK, send them a letter through the mail demanding validation.

      Delete
  84. Do you have advice on a false child support on credit report?

    ReplyDelete
    Replies
    1. Hi Michelle,

      Though they don't look like it, child support accounts are really 3rd party collectors. Treat them as such and demand validation. Hit them with a cease & desist if need be, telling them that until they fully validate (just like any other collector you tell to validate), the FDCPA requires them to stop all collection activity, including putting their false, inaccurate, unverified information on your credit reports.

      Delete
  85. Hi Shannon I love your Blog! Its helping me in so many ways.

    Question How would write a letter to remove inquiries?

    ReplyDelete
    Replies
    1. It's a bureau dispute item. You tell them that you never authorized the inquiry. It's better to just call the bureaus and badger them into removing them because they most likely will respond to your written dispute by telling you to contact the furnisher.

      Delete
  86. Good afternoon! Yesterday, I was capable of downloading two out of three of my credit reports from Annual Credit Report and there is a collection agency named ECMC that's been bugging me for years. It is regarding my students loans from 2008. Last year, they told me about a government program for individuals who aren't financially capable of paying off the debt. I have been paying $5 a month as a minimum requirement for the program, however, the payments are not showing up on my credit report. This has been going on since October 2016 and my reason for doing the program was because they told me that it would help my credit, it has not. This student loan issue is the only thing ruining my credit and, as I have previously stated, there has not been any updates on my report showing my on-time payments.

    Did I mess up any chances of utilizing the "NO CONTRACT" approach? The actual loan has not been refinanced into a new contract with ECMC, the OC is Bank of America. I'm doing as much reading up on this matter as I possibly can, but I'm just ready to get something started so that I can get this issue off of my back.

    I thought that the loan would have been removed from my report by now... *sighs* Any advice is immensely appreciated. Thank you.

    ReplyDelete
    Replies
    1. ECMC is not a collection agency. They guarantee/insure student loans and are a party to the contract. The "no contract" dispute won't work. But, you can always call them out on erroneous reporting and demand a full accounting and proof of accurate reporting.

      Delete
  87. I live in MN, which carries a SOL of 6 years. Now at one point in time, I had a capital one card, I defaulted on it (regretting​ly) from being young and dumb. Fast forward to present day the capital one account has fallen off my reports as it has surpassed the seven year mark. Within that timeframe the debt was sold to Portfolio, which whom I've never paid a dime, nor have I ever admitted to owing a debt that they're reporting, I've never even talked to them on the phone. Ever.

    Obviously the debt is well passed the statute of limitations for MN, it's my last recourse really to trying to get portfolio off my reports. I've gone round and round with letters both to them and the bureau's, naturally neither are budging. I've threatened lawsuits VIA small claims court system in my area, tho I don't really have the time and funding for that avenue as well as I have filed with the CFPB which in a long story short they sided with them.

    Is it really something so stupidly simple at this point of just mailing a cease and desist letter to them, and that's it, done, and over? I understand that the C&D also covers reporting to the credit bureau's as a collection activity, and that's what I'm trying to do is get these bloodsucking prick's meat hooks out of my side once and for good. Will they be able to resell the debt also to another collector which starts the cycle and?

    Also, would you possibly have a good cease and desist letter to use that's nice and blunt like yourself that will get the point across and they'll listen to?

    ReplyDelete
    Replies
    1. You do need to send them a letter telling them to Cease & Desist and give them case law as well. If this doesn't remove the item, you really should initiate a small claims lawsuit and sue the CEO of PRA. He's not going to show up to court. You can dispute directly to him and tell him that he has 3 days to respond as he and his company are violating the law and your rights, violating the consent order his company agreed to with the CFPB, or you will sue him and his company personally. If it is not removed within 3 days (or however many you are willing to give him) you WILL sue him for the full amount allotted in small claims court. (Find out how much that is). Then after you file the lawsuit, send him a settlement offer stating that you will drop the lawsuit if they remove it from your report, close the file and pay you 1/2 of the amount you will win in court.

      Delete
  88. I had a private student loan with aes that was sent to patenaude and Felix. They filed a suit against me a couple years ago and I then called them and set up payments which I have been making for almost two years now. They told me the suit wouldn't continue and I didn't need to do anything more with courts. Just recently I learned I have a judgement with covenant not to execute. Is there anything I can do? Thanks

    ReplyDelete
    Replies
    1. Hi Kyle,

      You are doing what you need to do. Keep making your payments until it is paid off. They have a judgment against you but they are not going to "execute" it by garnishing your wages or putting a lien on your bank account or other property belonging to you.

      Delete
  89. Hi, Shannon. I'm beyond frustrated. I've had collections on my account dating back to 2002. I've had several accounts that I wanted to pay off with the original debtor, but when they were transferred to a third party, the additional money they requested was so high that I couldn't afford to anymore. I've had identity theft issues, collections issues, even had the credit bureaus refuse to correct address information on my credit report (that belonged to my mother or father) because "it was reported by a debt collector" even though I never lived at or even USED those addresses. I'm too broke to afford any consolidation services, but I'd truly appreciate ANY advice you can give me so I can pull myself out of this mess. :,(

    Btw, I live in San Bernardino, CA.

    ReplyDelete
    Replies
    1. Hi Jessica,

      I can understand your frustration. You say the collections have been on your report dating back to 2002. If that is the date of first delinquency with the OC, then these are too old to be on your reports.

      You don't need a consolidation loan. You need to demand validation and probably a cease & desist. You don't ever owe a 3rd party collector. They don't have a contract with you. You may have to fight a bit but if you fight correctly you should be able to get most, if not all the collection companies off your reports and out of your life.

      For the address issues with the bureaus, I use a personal information letter/form and have my clients get it notarized. I don't have them sign under penalty of perjury, just get it notarized. It states this is my address (you will supply proof of address and your ID docs). Then, tell them these are NOT my addresses and to refuse to remove them, since I've never lived at these addresses nor even used them to receive mail, you will be in violation of the FCRA.

      You can add on phone numbers, wrong ss#'s, wrong employment. You should remind them that you have been a victim of identity theft and they are causing you even more injury. They are allowing slander and inaccurate, damaging information on your reports and they need to remove it immediately.

      Although I'm not fond of using the phone to dispute, this is one instance where I think it is appropriate. You have to have plenty of time to call (an hour or so sometimes), but you call each bureau, badger them into removing the items. They'll try to trick you. Stay firm, be adamant that those are not your addresses and demand they take them off. Usually they will remove them for you.

      Delete
  90. Shannon,
    I have begun following your processes for removing derogatory information from my credit report, and at the end of March I disputed items with the credit bureau. Yesterday, I received notice of a default judgment. Cavalry responded to my dispute by filing a judgment. I was never served, but they claimed that I was and so a judgment was entered against me. I had absolutely no knowledge of the court proceedings, and the judgment is nearly TWICE the amount they were reporting to the bureaus. How do I fight this?

    ReplyDelete
    Replies
    1. Hi Savannah,

      It sounds like you qualify to file a motion to vacate the judgment for "Lack of or improper service." The sooner you do this, the better your chance of having the motion granted. It is a bit of work and includes multiple documents you need to draft, including the answer you would have filed had you been served properly.

      Also, know that Cavalry Portfolio usually has old crap and they file shortly before or sometimes after the statute of limitations has expired. If you look at the DFD from the original creditor and see that it was too old for them to try to collect, then that is another affirmative defense you can use against them.

      I can't go into all the details here but if you have questions, give me a call and I'll try to answer them for you to help you fight back.

      Delete
  91. Thank you for your amazing information! I have a credit card bill in collections and they had sent me a court date but I looked at the date wrong and didn't show up, what should I do now? Also I have a small hospital bill in collections but isn't it violating HIPPA law that they have it and not the hospital. Thank you

    ReplyDelete
    Replies
    1. Hi Carmen,

      This means that they have a judgment against you. You can try to request the court to set it aside and/vacate but your reason would have to be excusable neglect and I'm not sure if they would consider that "excusable." You can contact the plaintiff and try to set up payment arrangements. Most likely the judgment will show up on your credit reports shortly. I can help you remove the judgment from your credit reports but it won't remove the liability nor the judgment from the public records.

      For the medical collection, you will need to send a letter demanding validation. They will either need to prove you owe them or give it back to the medical facility or if they bought it, then hit the road. It sounds easy but these days, medical collectors get stubborn so you may need to fight back and forth to get them to close their file on you.

      Delete
  92. Hi Shannon,

    First let me say thank you for your knowledge and information. I followed your advice so far and sent out four letters. I am a couple days from day 30 and I receive a letter from a 3rd party saying I owe the debt and sent me a bill from the original creditor with a correct date on it. I am not sure what my next steps are. The new statement cannot be valid, as I paid the original creditor months ago before finding this blog.

    Thanks
    Nechelle

    ReplyDelete
    Replies
    1. Hi Nechelle,

      You're on the right path. Now they responded, you need to respond to them. You need to tell them that what they sent was not validation. They didn't send a signed bilateral contract proving you agreed to do business with them. They also need to be told that not only did they not provide any contract, but they have no provided documentation that have purchased the alleged account and how much they paid for it or a certified copy of their assignment.

      Next you would tell them that all amounts due and payable to the original creditor have already been satisfied so they are claiming a false amount is even owed.

      You an again tell them to send you the required documents needed to validate, including a sworn affidavit of verification. Then tell them to get off your credit reports until they validate and prove you have a specific obligation due them. Tell them that as long as they refuse to remove their unauthorized and inaccurate information they've furnished to your credit reports, they are in violation of both the FDCPA and the FCRA and you'll be tallying up the amount due you for their federal violations, which start at $1000 per month, per bureau that they have failed to remove their fraudulent claims, and you might get an itch to also turn them in for wire fraud and mail fraud.

      Just remember to respond within 30 days and re-affirm that you are disputing and demanding validation for their unauthorized and false claim. Also remember to declare to them that what they sent is not validation and you reject it as being such.

      Delete
  93. The information you are giving here is going to save my behind..so thanks for that...what is the SOL in Tennessee?

    ReplyDelete
    Replies
    1. You're welcome. For the most part, the SOL in Tennessee is 6 years for both written and open contracts.

      Delete
  94. Hi Shannon, I have few questions. My husband and I are getting ready to buy our first home so I pulled our credit reports and found medical collections we had no knowledge of. I sent out Validation Letters via certified mail but I am not sure if I should wait for a response or dispute right now stating we had "No Contract" with these collection companies. We are in California.

    I also had a collection company contact me stating they were assigned to a debt that isn't yet listed on our reports. When I sent a Validation Letter via certified mail it was returned to sender. I doubled checked and the address on the envelope was correct. The collection company then emailed me the name of the original creditor along with a list of ID#'s and charges that I have no knowledge of. How can I take care of this if the agency is assigned and doesn't own the alleged debt? Thank you in advance.

    ReplyDelete
    Replies
    1. Hi J Marie,

      For the first part of your question, you can go ahead and dispute with the bureaus. However, I would suggest disputing it as they have failed to validate and are violating the FDCPA by having unverified info on your reports. Also say that you've never heard of this company and have no contract to do business with them.

      The second part of your questions, I have a question. How did they get your email address? It sounds to me like they might be a scam. Have you tried to check them out on Google? I would research them. You can also send your validation demand through email right back at them and threaten to sue them if they don't prove you owe them (contract with them specifically) and don't give them any identifying information about yourself. DENY, DENY, DENY with these folks. Don't bother contacting their alleged original creditor. Did they say they were assigned the account and that they don't own it? If the collection company is assigned, then demand a certified copy of the assignment along with your demand for full validation. I still don't trust that they are legit. Get that demand for validation out again ASAP.

      Delete
  95. Have a question...
    I have 2 3rd party collections on my report. Credit Karma has a dispute form that can be filled out and mailed. Wouldn't that be the 1st step on disputing the 2 collections?

    I also emailed you, but my office pc was acting up. So I'm not sure if it was sent out

    ReplyDelete
    Replies
    1. Hi Chris,

      I haven't looked at the dispute form from Credit Karma. I dispute with both the credit bureaus and I contact the collection companies directly because they need a demand for validation. This demand is part of what helps protect you from lawsuits.

      Once you send a demand for validation, they need to prove that you have an obligation to pay them and according to the FDCPA they must stop all collection activity until they do. None of them have a contract with you. It doesn't matter if they can send you information from the original creditor. They are basing their claim on that information but in reality, they didn't purchase any debt and they had no interest in that contract between you and the original creditor. They haven't lent you anything and they haven't provided any service to you. You don't owe them.

      Unless they can produce a copy of a valid contract between you and their company personally, you have no obligation to them. They need to send a full accounting from origination of the original account to the present date. They have to prove they purchased or were assigned the account. They have to tell you how much they paid for the account. There are a lot of things you can tell them to send you and a lot of what I ask them for is just to make them jump through hoops. In reality, the main thing they need to produce is a contract that proves you agreed to do business with them specifically.

      Your bureau dispute for a collection company is that you don't know who this company is. You have never done any business with them and since they've never lent you anything or never had anything to do with any contract you've had with any other company, they need to prove they lent something or pound sand -please remove this immediately or send the proof.

      So, that's how I would handle it.

      Delete

I have disabled CLICKABLE LINKS in comments to prevent spam.

Don't to forget to subscribe by email to get updates and replies to your comments!