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Request to have an item removed from Credit Report

Date: Mon, 05/12/2008 - 07:45

Submitted by lrhall41
on Mon, 05/12/2008 - 07:45

Posts: 245 Credits: [Donate]

Total Replies: 9


Recently I acquired a copy of my credit report and it shows that there is an entry from Lawrence Nathan Associates on behalf of Edollars Direct in the amount of $465 for a payday that I took in 2005. After doing some research on the internet I found that in 2006 Edollars Direct was fined $50K by the State of Nevada for being unlicensed.
The Immediate Release from the State of Nevada, dated 5/9/06, states that "the order also provides remedies to consumers by allowing other parties involved in check cashing or loan activities to void their contracts and seek additinal remedies or penalties through civil court."
I placed a call to Lawrence Nathan to request to have the entry removed from my credit report, but no one has called me back.
Is there a template letter that I can send them along with a copy of the Immediate Release requesting them to remove the item from my credit report?Thanks.


note how you stated in your post:

[quote]The Immediate Release from the State of Nevada, dated 5/9/06, states that "the order also provides remedies to consumers by allowing other parties involved in check cashing or loan activities to void their contracts and seek additinal remedies or penalties through civil court." [/quote]

Calling them will prove a waste of time. What you need to consider is taking them to court over the matter. That way, you can try to get back any money you paid them--they are not entitled to money that they illegally did business to obtain--and try to get it off your credit report.


lrhall41

Submitted by on Mon, 05/12/2008 - 08:38

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First I would send them a validation letter. Send this to the debt collector, and not to the credit bureau. Be sure to send it certified mail return receipt requested, it costs a little over $5 and the proof that they got it will be needed later if you have to go further.

Now, after you send that, I would wait a little while--give them a month or so after the date they receive it, but no more than that. Then, file a dispute with the credit bureau--whichever credit reports of yours that they reported to. If they reported it to TU, Experian and Equifax, then dispute it with all three. The CB's will notify the creditor, and this gives them 30 days to respond to the CB. If they respond by verifying it as a legitimate debt, you have just caught them violating federal law. That is a violation of section 809 of the fdcpa, and you can then sue them over this violation.

By that law, they are not allowed to take any further collection activity against you on the debt until they respond to your validation letter. This is, of course, directed at Lawrence Nathan Associates and not the original creditor.

Let me also ask you this-0-are you in Nevada yourself? If you live in another state then Nevada rulings will not necessarily affect your situation.


lrhall41

Submitted by skydivr7673 on Mon, 05/12/2008 - 09:01

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I am from Florida but I called the agency that sent out the News Release to confirm that in fact, it was a real one and not something created on the internet. I was told by the Department of Business & Industry Director's Office, Las Vegas, Nevada, that it was a real release, and that EdollarDirect was not licensed to make loans in the State of Nevada and since they operate there, it would make any loans they made over the internet null and void. They are not licensed in the Florida either.
So from what I gather from you is that I send a validation letter to Lawrence Nathan first. Do I mention on the letter the fact that EdollarDirect is not licensed to make loans or send them a copy of the Immediate Release?
They might not even be aware that they are collecting from an unlicensed company.


lrhall41

Submitted by lrhall41 on Mon, 05/12/2008 - 09:13

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more to the point, they often dont care if they are collecting for an unlicensed company.

OK, in light of that info, I would do this a little differently. If your goal is simply to remove it from your credit report, then you may try sending the collector a letter, certified mail RRR, and include a copy of the immediate release. Inform them that their client is not legally entitled to do business either in their own state of NV or in your state of FL. Point out to them that the state of NV, where this original creditor does business from, has stated that their contracts are voided because they are unlicensed to do business. Then, offer them a way out--if they immediately and permanently stop all collection efforts and remove this from your credit reports permanently, you will not take further action, including legal action. If they do not, you reserve the right to take any further action as allowed by law, including legal action, against the parties involved for attempting to collect on a debt that is null and void.


lrhall41

Submitted by skydivr7673 on Mon, 05/12/2008 - 09:21

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