Can we say this? (Letter question)

[almost_there]

I'm helping my brother and sister-in-law with their credit repair and they both have a collection account, well within the SOL, for an apartment they rented and the property manager billed them for a bunch of stuff (totally bogus charges if you ask me, like a friggin' ice cube tray! ) A couple weeks ago, we sent a letter offering to pay in exchange for removal. Got a response today saying "pay us and it will show a zero balance on your credit"

Not good enough! So I typed up a letter in response, but can I say this?

Unfortunately, your attached letter does not meet our satisfaction. Again, we are not refusing to pay this bill, but we are going to continue asking you to remove this collection account from our credit reports. When you have agreed to this, in writing, then and only then will we send our payment. We will not agree to paying in exchange for it to be reported as a zero balance, we will only agree to the item being removed upon your acceptance of payment in full. I believe we all want this resolved as quickly as possible. Please send us a written agreement to remove this item from our credit reports upon payment in full and we will send the money order for the amount due.

If so, great! But if not, what should we be saying in the letter? Thanks in advance.

Btw, we are dealing with the OC on this, the property manager. Could we request DV from them for all those charges? Or should we just continue asking for removal?

[sisflomi]

You can't ask the oc to validate, but you can ask them to verify. You can send them this letter for that purpose. What you already wrote sounds good to me, but it also sounds like admission to the debt, you might want to reword that so its not an actual admission to the debt.

From GOOD CREDIT IS SEXY SERIES

Getting The Original Creditor to Verify You Owe the Debt or Were Actually Late

Debt validation does not work with the original creditor, only with collection agencies. The only way you can get an original creditor to budge on responding to you via snail mail (so you can send it certified) is to tell them you will sue them for defamation if they can’t prove that you were actually late or even that you are on the account. This letter is perfect for those people who are trying to get “Authorized User” accounts off of their credit reports. The court case cited in the below letter is included in this CD under Court Cases.

Company

Address1

Address2

City, State Zip

Date

RE: Account XXXXX-XXXX-XXXXX

Dear Sir/Madame:

I am writing to dispute the account referenced above. I have disputed this account information as inaccurate with the credit bureaus <insert names of credit bureaus here>, and you have been able to verify this debt. How is this possible? I was <not late> <this is not my account> <I am only an authorized user>.

In the event that you can not verify the item pursuant to the FCRA, and you continue to list the disputed item on my credit report I will find it necessary to sue you for actual defamation damages and declaratory relief under the FCRA. According to this regulation, I may sue you in any qualified state or federal court, including small claims court in my area. You have severely limited my ability to <purchase a home> <get a job> <get a credit card>.

In light of the recent court case opinion No. 00-15946 CV-99-00290-D.C. by the US Court of Appeals 9th Circuit, Nelson Vs. Chase Manhattan, the court ruled that the creditor has the responsibility to investigate and make sure that correct information is being reported to the bureaus, and that the consumer has a right to sue under the FCRA, should his or her rights be violated.

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

I look forward to an uneventful resolution of this matter.

Sincerely,

Signature

Your Name

Your Address

City, State Zip

Enclosures <you can enclose a copy of the court case referenced above>

[Guest]

I've had luck throwing in a reference to the FCBA along with the FCRA and Nelson v. Chase. It gives them multiple reasons to attempt to validate.

-snip-

Under the Truth in Lending Act under the Fair Credit Billing Act section 161 clearly states that "(1) A refection on a statement of extension of credit which was not made to the obligor or, if made, was not in the amount reflected on such statements". I have no recollection of ever having an extension of credit with your company. Section (ii) states that you must give me a written explanation as to why I am indebted to your company and statements that prove such a fact. I also request under this section the agreement that I made at the time of transaction.