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Letter of Removal

Date: Sat, 04/22/2006 - 09:24

Submitted by pamalea01
on Sat, 04/22/2006 - 09:24

Posts: 19 Credits: [Donate]

Total Replies: 17


Does anyone out there have a form letter for a debt letter of removal?


Actually I'm looking for a letter to send to my creditor with a settlement proposal that states they agree to remove this debt when the agreed upon settlement is paid. I saw on one site that talked about sending a letter of removal with a debt settlement letter, but have been unable to find one, so I know what it looks like. Thanks


lrhall41

Submitted by pamalea01 on Sat, 04/22/2006 - 11:14

( Posts: 19 | Credits: )


I disputed through all three agencies and they all reported back to me verifed or balance updated ... they never sent me how it was verified though, so I'm not sure if they were all completely verified. From what I have read the CRA will assign a dispute a number/code and as long as the creditor says it is valid they accept that without any written proof. I have even read that they don't always call the creditor anymore they use some computer system to notify creditors of a dispute.

I just want to make sure all of my bases are covered, so I can get this junk cleared up some.

I did come up with a letter of removal that I am sending with my letters so we'll see how it goes this time ... last time I got two ok's so maybe this time I'll get some more ... Wish me luck .. they all go out on Monday again... although this time I have some validation letters going out instead of just all settlment proposals.


lrhall41

Submitted by pamalea01 on Sat, 04/22/2006 - 13:58

( Posts: 19 | Credits: )


pamalea01

Hi. The following letter below, serves both as a validation letter, and as a removal letter. If they cannot send you a validation of debt confirmation letter, then you are requesting to have such negative information removed from your credit file. Usually only one copy of this letter needs to be sent out, then a follow up letter. After such time, you only have to send proof of reguest sent to the credit bureaus, and then they'll manually remove the infromation for you.

[quote]Date: Thursday, January 26, 2006

Re: Acct # xxxxxxxxx

To Whom It May Concern:

This letter is being sent to you in response to a letter sent to me on January 24, 2006. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation isrequested.

This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:



  • What the money you say I owe is for;
  • Explain and show me how you calculated what you say I owe;
  • Provide me with copies of any papers that show I agreed to pay what you
    say I owe;
  • Provide a verification or copy of any judgment if applicable;
  • Identify the original creditor;
  • Prove the Statute of Limitations has not expired on this account
  • Show me that you are licensed to collect in my state
  • Provide me with your license numbers and Registered Agent



At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax,
Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:


  • Violation of the Fair Credit Reporting Act
  • Violation of the Fair Debt Collection Practices Act
  • Defamation of Character


If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days
to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.


Best Regards

Your Name[/quote]

Please let us know if you need more help, or more information.

Regards-
Mike


lrhall41

Submitted by Teleport on Sat, 04/22/2006 - 15:55

( Posts: 1388 | Credits: )


It is not up to the creditor if the debt has been sold though, and the person who buys the account cannot remove the fact that it went to collections and was sold. A charge off by the original creditor will probably still show even though they sold the account, and I doubt you will get the OC to remove that.


lrhall41

Submitted by on Sat, 04/22/2006 - 18:07

( Posts: | Credits: )


Quote:

Collection Agency
666 Evil Street
Hades, Hell 00000

Re: Collection Account for Original Creditor
Account #: 00000xxxx
Amount: $25.00

To Whom It May Concern:

This letter is to inform you that the validity of this debt is disputed. I am not sure of the account number, as I have never heard from you regarding this account. The account number I have is the one listed on my Experian credit report ??? which omits the last few digits.

In the spirit of compromise, I am willing to pay this account IN FULL (or settlement percentage) if you agree to immediate deletion of this account from any and all credit reporting agencies (Equifax, Experian and TransUnion). The purpose of this settlement is merely to have this item removed from my credit files. It is not to be construed as an acknowledgment of liability for this debt in any form.

If you agree to the terms and accept this agreement, certified funds for the settlement amount of twenty-five dollars ($25.00) will be sent to Collection Agency in exchange for full deletion of ALL references regarding this account from my credit files and full satisfaction of the debt. As certified funds will be used for payment, there shall be no waiting period regarding the deletion of this account from the credit reporting agencies.

Collection Agency agrees to delete ALL information regarding this account from the credit reporting agencies WITHIN TEN CALENDAR (10) DAYS following receipt of payment as specified above and will not discuss the terms of this settlement with anyone, excluding your client on this account. If contacted by any third party, including credit-reporting agencies, Collection Agency will not acknowledge that any settlement offer was made, accepted or executed and will, in fact, deny knowledge of any such account.

If you agree to the above terms, please prepare a letter on your company letterhead explicity agreeing to the same terms as the above settlement offer and have it signed by an authorized representative of Collection Agency. It will be implied that this letter shall constitute a legally binding contract, enforceable under the laws of my state.

Your response must be postmarked no later than 15 days from your receipt of this settlement offer or this offer will be withdrawn and I will request full validation of this alleged debt, as provided for by the Fair Debt Collection Practices Act.

Please address all correspondence regarding this account to:

Mr. INeedCreditHelp
123 Any Street
City, State ZipCode


There ya go! Just change it up with your info and go for it. Good luck, let us know how it goes!

~Mary


lrhall41

Submitted by Mary on Mon, 04/24/2006 - 10:08

( Posts: 1344 | Credits: )