Hi NoClue
Welcome to the forums.
Have you kept the receipts of your payments made to the company in safe place? This is a proof that you have been paying towards the debt account. If they are not holding the account legally, you can file a case against them based on these receipts.
This is copy of a debt validation letter that you can send to the company. A genuine reply of this letter from the company will prove that your account is in proper place.
Quote:
Date
Your Name
Name and Address
of original creditor
Re: Acct # 000-000-000-000
To Whom It May Concern:
This letter is regarding account # 000-000-000-000, which you claim I owe. This is not a refusal to pay, but a notice that your claim is disputed.
I am requesting validation, made pursuant to the Fair Debt Collection Practices Act. Please note that I am requesting "validation"; that is competent evidence bearing my signature, showing that I have some contractual obligation to pay you.
Please also be aware that any negative mark found on my credit reports from your company or any company that you represent for a debt that I don't owe is a violation of the Fair Credit Reporting Act; therefore if you cannot validate the debt, you must request that all credit reporting agencies delete the entry.
Pending the outcome of my investigation of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports.
If you no longer own this debt, remove the derogatory marks from my credit report per the FCRA. Failure to respond within 30 days of receipt of this certified letter will result in legal action against your company. I will be seeking a minimum of $5,000 in damages for:- Defamation
- Negligent Enablement of Identity Fraud
- Violation of the Fair Credit Reporting Act
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 any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.
Best regards,
(insert your name)
Cc: (Insert a lawyer's name here), Esquire
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It is your legal right to dispute any item on your credit report, for any reason. If documented proof that discredits your dispute isn't provided within 30 days, it MUST be removed by law. This is why it is so important to send the dispute form via certified mail. Not only to insure its delivery, but to have documented time of when it was sent.
Regards
Roxette
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