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Author: DeltaOne81 Big gold star, 5000 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 308881  
Subject: Re: Capital One Never Stops Date: 4/27/2006 3:19 PM
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It's almost like my only recourse is to write and beg the offending collection agency who is libeling my good name to please stop. If they choose not to, well I can put a comment in my credit report. Whoo Hoo. Will a comment on an invalid debt boost my credit score?

Nope, this is one area where the law and justice *has* creeped into our credit reporting system.

Basically what is seems you're saying is that "it probably won't work, so I don't see why I should try". Well, first, even if it probably wouldn't work, you should still try. Second, it absolutely completely *will* work... BY LAW.

I direct you to the Fair Credit Reporting Act and Fair Debt Collection Practices Act.

For example, from the FDCPA:
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.


I.e. you ask for debt validation. They HAVE TO PROVIDE IT. And MUST STOP COLLECTION until they do.

They will send you proof, and you will point out that they are incorrect, because "this is not my name", "this is not my SS number", "I never lived at this address", or half a dozen other things that prove that its not yours.

The fact is, its QUITE EASY to get incorrect debt taken off of your credit repot. You're talking here like the system is stacked against you. But actually, the system is stacked against the debt collector. So much so, in fact, that it is more much likely that a scamming person could get legitimate debt removed than a honest person would have to leave inaccurate debt on. THAT is innocent until proven guilty.


Here's something from the Fair Credit Reporting Act:

(A) In general. If, after any reinvestigation under paragraph (1) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or cannot be verified, the consumer reporting agency shall promptly delete that item of information from the consumer's file or modify that item of information, as appropriate, based on the results of the reinvestigation.


I.e. if the collectoin agency won't remove it, and you tell the credit reporting agency, "this isn't my debt, I never lived at that address", or whatever, they would have to be able to able to VERIFY that you did. Even if they are unsure, they *have* to delete it, as it cannot be verified.


The fact is, you're assuming the deck is stacked against you going in when it very much is not. You can easily have this removed by writing a couple letters, sending them certified mail, and just being a little bit pushy. If you chose not to do this, you have no one to blame by yourself.

Generally, its a good idea to try before you give up.


Oh, and this is coming from someone who agrees that people were being too harsh on Onesize and hopes he/she can get the information from the collection agency and work out something amendable to both parties.

But your situation is no way resembles that. You are in the right here, they are wrong. Stand up and protect your rights! If you do not protect them, you've voluntarily lost them. Rights that Congress went out of their way to give you.


So the bullies and the cheaters of the world win another one. I feel like someone's taking my lunch money all over again.

Only if you give up and don't bother to try.


They should have to prove a debt is legitimate before anything can be reported on someones credit report. It shouldn't be up to me to prove it isn't legit.

The bureaucracy of that would be incredible, especially when its so easy to get something removed.


Perhaps I should take this up with my congressman. :)

He'll/she'll tell you they already passed the FCRA & FDCPA, and why aren't you using them like they were intended?
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