Best way to clear up the CR. I know I am close!!!

[karlmich]

Hello, I am a new forum member. I am trying to fix my CR. There was an issue with Discover Card back in 2005 and they refused to make a correction to my account, in fact several errors until I caught them. I have asked them in writing to fix the issues on the acct. and they have not done so. So I stopped paying them. I sent them a letter, stating that since my payments are consistently being misapplied that I feel the acct and their information on balances, terms and payments are inaccurate.

I even sent a letter to the CRA and they reported back as confirmed. I was getting no where. So after about 6 months they charged off the account. Now after 2 years I hear from a CA. I have sent them the first letter to the CA asking for verification, and they failed to comply. I sent them (CA) a second letter informing them of non compliance to the law and again asked for verification. I received a copy of all my statements as proof of the account. But you and I both know this is not proof that I owe the debt to them.

1. Am I doing this right? What should I do now to remove from CRA? I have not submitted to CRA the letters that I sent to the CA. Should I have done this all at the same time?

2. Do I ignore the statements sent to me by the CA from the OC as evidence? Do I write to them telling the CA that this does not meet the satisfaction of the FDCPA and to remove any an all marks on the CR or send a letter to the CRA to have them removed?

I know I am close to having this removed, just I think I screwed up a little bit.

Any help would be appreciated.

thank you

Karl

[Trish]

I would do a version of the 1 2 punch.
Send the CA another letter like the DV 2 in the letters thread. Let them know that the information they sent isn't enough and that you would like a signature and itemized list of charges on how they arrived at that amount.

Then, if you want, you can also ask for proof that they own/purchased the debt and that if they can validate the debt.......you want to make sure you are paying the right person.

Send the letter CMRR and as soon as you know they have received the letter, immediately dispute with the CRAs........send it CM but not RR and handwritten if possible.

Another thing..........just checking........how much is this debt for? If it's a high amount, you need to be careful.....they could very possibly take you to court......and if by chance they do validate the debt, are you prepared to make payment arrangements?

[karlmich]

the amount is for 7 Thousand dollars and I do not think i need to send them another letter as the first two letters were very clear. I am going to hand write and send to CRA's That way they can remove it from my credit report. the attorney office that they are useing is also not listed in Michigans Database for an agent! so they are not legally alloed to collect and do businsee in this state. I am not to worried if the CA does decide to take me to court. Are you saying that Discover will take me to court? I don;t thin they will. They have not even come after my wife for her card and and that one is running out on statue of limitations for Michigan. any comments? Whre might i find these letteres you were talking about anyway. I need to take a look at them maybe I will send them out anyway.

thanks
Karl

[Trish]

The letters are posted in the Beginner's Credit info thread.

For 7K, I would be careful......they could very easily take you to court and attempt to sue you for this debt. It's probably a collection atty. AND I just recently found out that if they BUY the debt (not just assigned to it), they don't have to be licensed in your state in order to collect from you.

I'm sure they are under the impression that the info they sent you is considered validation which in their mind means.....they can continue collection activity. So, it would be a good idea to let them know that you don't think it's good enough or proper validation.

Good luck