- Pull your credit report regularly to identify any errors.
- Dispute an inaccurate debt amount with a debt dispute letter.
- Stop collection calls with a cease and desist letter.
Tools and Knowledge to Get Debt Free on Your Own
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Disputing a Debt with a Collector
Under Federal law, you have the right to request documentation proving that you actually owe the debt being claimed by a collector. If you have any doubts as to the validity of a debt being asked to pay, you can dispute the debt in writing (this process is also called “requesting validation”). Once you have notified the collection agency of your dispute, it is required to cease all collection activity until it has responded to your request by providing documentary evidence, such as a signed credit agreement, demonstrating that you are the person who is responsible for the debt. Below are three letters which you can use to help you in disputing your debt with a collection agency.
Debt Dispute Letter
If you receive a call or letter from a collection agency for a debt that you don’t think you owe, you can send the agency this letter to put it on notice that you dispute the validity of the debt and that you are demanding that the agency provide proof that you are responsible for paying it.
Notice of Insufficient Validation
Frequently, collectors will respond to a request for validation with nothing more than a computer printout of the balance owed. Generally speaking, this is not sufficient proof of the debt. If you receive a response to the first letter which you think is insufficient, you can use this letter to put the creditor on notice that it has not satisfied its obligations to provide proof of the debt.
Failure to Validate Debt
If you do not receive a response to your debt dispute letter within a reasonable time (usually 30-60 days), or if the creditor continues its collection efforts without validating the debt, you can use this letter to notify the collector that it is legally required to stop its collection activity against you. Having sent the debt dispute, and following up with this letter, may put you in a better position if the creditor refuses to stop its collection efforts and you are forced to file a complaint with the FTC, your state Attorney Generals office, or even to file a lawsuit against the collector for violation of the Fair Debt Collections Practices Act (FDCPA).
Cease and Desist (C&D) Letters
These are letters which you can use if you wish to stop a debt collector from calling you. The first thing to remember is that the federal law (FDCPA) which requires debt collectors to stop calling you if you make such a request in writing, only applies to third-party debt collectors. (Some states have their own version of the FDCPA, which could extend stronger protections than the federal version.) If you owe money to CitiBank, and CitiBank is calling you directly, this letter may not be able to stop those calls. However, some states have passed laws that extend these federal protections to creditors. Also, many creditors will abide by such requests, not because they are legally required to do so in all states, but because they do not want to violate the law in error and want to maintain a positive public image.
Cease Communication Notice
The Cease Communication Demand letter is a more general letter, designed to stop all collection calls.
Work Harassment Letter
This letter is specifically targeted to collectors who are calling you at work, which are a particular problem, as some collectors will make multiple calls to a consumers workplace in an effort to shame or irritate the consumer into paying the debt. I recommend that you use these letters sparingly and only when needed; there is no need to send a cease communication demand to every collector who calls, but you should know that you have this option if a collector’s calls become harassing or abusive.
Pay for Delete Letter
A “pay for delete” letter is an agreement between you and the creditor or collection agency. You agree to pay a debt that is listed on your credit report in exchange for the creditor or collection agency promising to delete the entry from your credit reports.
Credit Repair - Dispute Listing
We strongly encourage consumers to pull a copy of their credit reports from all three major U.S. credit bureaus — Equifax, Experian, and TransUnion — at least once each year. It is important that you review your credit reports on a regular basis, as credit reports are notoriously inaccurate and often contain derogatory information about accounts that you never opened. This erroneous information can cost you thousands of dollars in the form of higher interest rates and reduced access to lower cost forms of credit. Reviewing your reports will also help you find out if you have been the victim of identity theft, as you will be able to see if any large credit transactions have taken place about which you were unaware. If you find any erroneous information on your credit reports, you have the right under federal law (the Fair Credit Reporting Act) to dispute the debt. You may order copies of your credit reports, free of charge, through AnnualCreditReport.com.
Stafford, VA | May 04, 2012
May 04, 2012
It may be possible to negotiate a pay-for-delete with the lender, if you are willing to pay off in full or are able negotiate a settlement on the deficiency balance. Remember, in addition to the damage to your credit, you are subject to collection efforts for any balance that remains.
Philadelphia, PA | April 20, 2012
April 20, 2012
My advice?
- Wait until after each of the accounts you mentioned rolls off your credit report. As each one rolls off, negotiate a settlement to resolve the debts permanently. Start your negotiations at 10 cents on the dollar.
- Monitor your credit report to make sure an unscrupulous collection agent does not attempt to re-age an account to keep it on your credit report.
- Focus on creating positive activity on your credit report. In other words, pay your debts on time, and keep your account utilization low. (Do not max-out any credit cards you may have.)
Hinesville, GA | April 11, 2012
April 11, 2012
Shiloh, IL | April 09, 2012
April 09, 2012
Somerville, MA | April 07, 2012
April 07, 2012
Pittsburgh, PA | April 06, 2012
April 06, 2012
It would not surprise me unscrupulous debt collectors would buy and sell settled debt. However, the fact such a market exists does not make the previously settled debts valid or void their settlement agreements.
New York, NY | April 02, 2012
April 03, 2012
- Legal liability for the debt
- The credit reporting agencies reporting false information
You seem to have evidence in the form of statements and perhaps documents from the original creditor and/or collection agents indicating you are not the debtor they are looking for. Keep in mind this is a separate issue from your second issue.
Your second issue is tougher. Essentially, the credit reporting agencies have no oversight. When a credit reporting agency publishes incorrect information about a consumer, that consumer can file a dispute with the agency. However, if the credit reporting agency does not believe the consumer, the consumer has only two options — grin and bear it or consult with a lawyer to file a lawsuit for libel against the credit reporting agency.
Here, you mentioned the original creditor agreed to help you sort out this mess, but you are concerned it will use your personal contact information to further perpetuate this case of mistaken identity. I suggest you consult with a lawyer to help you draft a letter to the original creditor, with a CC to the legal departments of the credit reporting agencies asking all parties to remove the incorrect information from your credit report. Ask your lawyer to include gentle, but firm language in the letter explaining that if this matter is not resolved fairly you will have no choice but to review your options for filing an action against the creditor and the credit reporting agency for violating the Fair Credit Reporting Act.
In the meantime, file a complaint with the FTC. This may not result in immediate relief to you, but if enough people complain about the credit reporting agency's behavior, the FTC may take action.
Spring, TX | February 27, 2012
February 27, 2012
Bass River Twp, NJ | March 10, 2012
March 12, 2012
The clock ticking you referred to is, I infer, the 7½-year clock that determines how long a debt can appear on a credit report. Under the FCRA the 7½-year clock starts at the date of first delinquency, and not any other date. The date of first delinquency is when the payment was due, but never arrived. The date of first delinquency is not any of the following:
- Write-off date
- First report to the credit reporting agencies
- Sale or assignment of debt to collection agent
- Settlement date
The original creditor and collection agencies may report the date of these events to the credit reporting agencies, but none of the events mentioned in our list restart the 7½-year clock.
Springville, UT | February 20, 2012
February 22, 2012
Creditors may nor may not be willing to delete the accounts. You have nothing to lose by trying for a pay for delete. Sometimes, you can get a reluctant creditor to agree by offering a larger settlement, but be very careful about this, as any indication that you can pay more may be used against you.
If the debt has been sold to a third-party collector, the original creditor can continue to show the account as $0 balance and charged-off for 7½ years from the time of first delinquency. I believe if the collection agent is a contractor for the original creditor any agreement to delete the account will remove it entirely from the report.
Pacifica, CA | February 12, 2012
February 13, 2012
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