When you are talking about someone working a 9-5 job for a collection agency, don't you think they feel bad once in a while? When they get a real A hole on the line they must love taking out their frustrations on them. I think a different approach, honey coat your request. I had some luck with sending a cover letter explaining my situation (in this case I had already paid the collections and was trying to refinance my house), I said that money was tight, business was slow, getting sued for an auto accident, etc and told them I would like them to remove the items from my credit report because I believed someone else may have used my identity without my authorization. I then sent the following letter (a slightly altered version of the second one posted here.
To Whom It May Concern:
It has come to my attention that you have placed a derogatory remark on my credit bureau files referencing the above-mentioned account number and I must ask you to provide the following information regarding this item:
1. Please evidence your authorization under 15 USC 1692(e) and 15 USC 1692(f) in this alleged matter.
2. What is your authorization of law for your collection of information?
3. What is your authorization of law for your collection of this alleged debt?
4. Please evidence your authorization to do business or operate in this state.
5. Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature. (see attached FTC opinion regarding this)
6. Complete payment history, starting with the original creditor. (I need to have proof of payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004
You have thirty (30) days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you have placed this derogatory information in my credit bureau files in error, and that this matter is permanently closed. I would therefore expect those entries to be immediately deleted from my files with all reporting agencies. If you cannot provide the requested documentation, and the disputed
item is completely and permanently removed from my credit report within 30 days of receipt of this request, I will waive any right for further action and will consider this matter closed.
For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.
I affirm, under penalty of perjury under the Laws of the Land for these United States of America, that the foregoing is true and correct, to the best of my knowledge and belief.
Sincerely,
NAME
ADDRESS
cc: Equifax
Experian
Transunion
I also enclosed a printed copy of this document along with the full url to the page so they could verify it's validity.
http://www.ftc.gov/os/statutes/fdcpa...rs/wollman.htm