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How to Get Info Taken Off of My Credit Report From CA???

Date: Mon, 10/29/2007 - 11:37

Submitted by anonymous
on Mon, 10/29/2007 - 11:37

Posts: 202330 Credits: [Donate]

Total Replies: 9


Okay well I had an overdrawn bank account with WaMu for $375. It was put into collection this past April, and was on my credit report. I've been bumping around from place to place until I was able to get settled last month, so needless to say I never got anything from the CA. Only reason I know is I pulled my report in August.

Anyway, I talked to WaMu on the phone and I can go into a branch and pay the past due account off in cash, and they'll supposedly notify the CA that the account has been paid. I never trust that though, especially with CA.

How do I go about requesting that it's stricken from all 3 of my reports?? I want this done ASAP. Thanks!


Hello Mike. Hope this letter is what your looking for. Send it via certified mail to the credit bureaus.

Assuming you have contacted the collection agency using our debt validation methods, and they have failed to send you adequate proof of your legal obligation to pay a debt, this is the letter you need to write to the credit bureaus.


--------------------------------------------------------------------------------

Quote:

Company
Address 1
Address 2
City, State Zip

Date

RE: Account XXXXX-XXXX-XXXXX

Dear Sir/Madam:

I am continually being called on the telephone by your firm over an alleged $9000 debt. I'm sure you are aware of the provisions in the Fair Debt Collection Practices Act (fdcpa), and I am requesting validation of this debt. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt. I request that you stop contacting us on the telephone and restrict your contact with us to writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:


Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and
Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor.
Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. arrow financial services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) - Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
Intimate knowledge of the creation of the debt by you, the collection agency.

I'm sure you know, under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity.

While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA.

I look forward to an uneventful resolution of this matter.

Sincerely,

Signature
Your Name
Your Address
City, State Zip

enclosures


lrhall41

Submitted by Anthony Lemons on Mon, 10/29/2007 - 11:42

( Posts: 1828 | Credits: )


This one may work for you. Let me know.

The following is a sample letter requesting the removal of inaccurate information. Always include any copies of proof you may have (i.e., cancelled checks showing timely payments, paid off accounts, loans: anything that will show the information is indeed erroneous). It never hurts to include the consequences that have resulted from this wrongful information as well. The credit agencies give the most immediate attention to seriously wronged consumers. Remember, they are bombarded with 10,000 letters a day.



--------------------------------------------------------------------------------

Quote:

Your Name
123 Your Street Address
Your City, ST 01234

The Credit Bureau
Bureau Address
Anytown, State 56789


Date

Dear Credit Bureau,

This letter is a formal complaint that you are reporting inaccurate credit information.

I am very distressed that you have included the below information in my credit profile due to its damaging effects on my good credit standing. As you are no doubt aware, credit reporting laws ensure that bureaus report only accurate credit information. No doubt the inclusion of this inaccurate information is a mistake on either your or the reporting creditor's part. Because of the mistakes on my credit report, I have been wrongfully denied credit recently for a , which was highly embarrassing and has negatively impacted my lifestyle.

optional With the proof I'm attaching to this letter, I'm sure you'll agree it needs to be removed ASAP.

The following information therefore needs to be verified and deleted from the report as soon as possible:

CREDITOR AGENCY, acct. 123-34567-ABC

Please delete the above information as quickly as possible.

Sincerely,


your signature


Your Name
SSN# 123-45-6789
Attachment included.


Don't forget to provide proof if you have it!


lrhall41

Submitted by Anthony Lemons on Mon, 10/29/2007 - 11:43

( Posts: 1828 | Credits: )


Those are great letters, but I don't know if they'll work for the situation at hand. The debt will be payed off tomorrow, and I'm sure I'll get a little receipt or a letter stating so.. and they said THEY will contact the CA informing them of the account being paid in full.. but at that point, I want the information stricken. The info reported isn't inaccurate, I just want it removed.

I know you have to hound these guys to get it done, that's why I want to get the ball rolling. Thanks so far!! :)


lrhall41

Submitted by on Mon, 10/29/2007 - 12:02

( Posts: | Credits: )


So when I go to pay off the debt tomorrow, I should ask them in writing - that it'll be stricken from my report? I don't know if they can take it off my report though, since the CA is the one who reported it to the credit bureaus. You're a lot of help, thanks!! :)


lrhall41

Submitted by on Mon, 10/29/2007 - 12:08

( Posts: | Credits: )


At first thought, I would think since the CA is working for the bank, then if the bank requested them to removed their account from your credit, that they should honor their client's request. Just my take, not sure if that's how it really works or not?

Most likely if you pay the account, and then dispute the item, the CA will remove it. Give the bank time to report the payment and retract the account from collections. But I guess you would have a receipt from the bank, so you probably could dispute it right away.

Considering the CA never sent you a letter or talked to you, it will be more trouble for them to keep "verifying your dispute" than it will be for them to just delete it. If at first you don't succeed, try try again. Dispute the item every month if you have to. Sooner or later they will just delete it.

I had a medical collection with NCO Financial that they reported on my CR. After I paid the bill, I disputed it. First time around they simply updated my CR as a paid collection. The second time I disputed, they deleted it completely.


lrhall41

Submitted by DebtCruncher on Mon, 10/29/2007 - 19:23

( Posts: 2293 | Credits: )