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Sent first DV letter, got this back...


Plathw
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I just got this letter back (My comments in parenthesis):

We just received your standard "computer generated" format for disputing a debt. This is not a refusal to comply with your request; however, we would need some information from you with which to compare that in our system and with that retained by our client, Emergency Medical Associates.

At the time the account in question was received by us, we were the sole collection agency serving that client with collection services. This particular account was received by us on november 28th, 2001 asking that we collect $150 from a Mr. Brian Anthony Chaney whose Social Security Number was XXX-XX-XXXX (My Number) whose occupation was listed as "student" and whose date of birth was shown as XX-XX-XXXX (Mine). The address given us by our client for Mr. Chaney was "XXXXXX" (My old address at college).

The "validation letter" required by the Fair Debt Collection Practices Act (FDCPA) was mailed to Mr. Chaney on November 29th, 2001. That letter was presumably received by the addreess inasmuch as the letter was never returned as "undeliverable" by the Postal Service. Our collector made numerous phone attempts but no one answered. After sending a total of three more letters, a man purporting to be Mr. Chaney called us on May 8, 2002, and stated that he "paid this a couple of months ago..he will look for canceled check and call back." However, he did not call back and another letter was sent and numerous other phone attempts made. We reported the unpaid account to the three major credit bureaus (EQ, TU, and EX) as is routinely done by our Agency on all such accounts. Then in April of 2003, we received a dispute from Experial which had been filed by Mr. Chaney with Experian. All of the in formation on that dispute was the same as was in our files and our response advised "information verified as reported - no payments received,. Name, address and Social Security Number match." Concurrent with the reply we send a letter to Mr. Chaney advising of our receipt of the Experian dispute. That letter was never returned as "undeliverable" either. (I KNOW I didn't get this one).

Then on April 9, 2003, we received a personal check in the amount of 150 wich was posted to the account and we subsequently notified the three aforementioned credit bureaus that the account had been paid in full. Subsequently, February 27, 2004, we received another inquiry from Experian in which Experian stated that Mr. Chaney alleged that as to the account that "not mine--I have never heard of this bill--I'm sure this must be a mistake." Our response again advised that the data in our system and that on the dispute matched and further advised that Mr. Chaney had cantacted our offices in May of 2002, said was paid and would look for canceled check-no further contact." Response also advised that the previous address shown matched as well as the Social Security Number. Again, Mr. Chaney was mailed a letter on February 27, 2004 advising of the contact from Experian (Never recieved either)

This particular account has been pain in full and any entry on the consumer's credit histories at the credit bureaus should reflect that the account was paid in full.

In this instance, it would appear that the person who received the services from our client actually paid the bill in full and thus we do not have an open account on Brian Anthony Chaney. We have checked with our client and they have reviewed the information they submitted to us and our efforts to effect the collection. Although perhaps explainable, it is difficult to understand that someone posing as another would subsequently accept responsibility therefor and pay the full amount of the charges.

In any even, we have attemted to be fully responsive to your inquiry and suggest that you use this reply in any of your subsequent endeavors with the credit bureaus.

What now? Anything?

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What now? Anything?

That was my question, after the long, long letter. They have a pretty good case against me, it seems and I'm not sure what to do to get that off of my CR, or if I even can.

Unfortunately, it looks like you did some things out of order and may be stuck with the tradeline. Since this is paid and over 3 years old it is probably not affecting your score all that much.

Now if they re-aged it to April 9, 2003...that would be a problem. It should be reporting as a DoLA of somewhere around November of 2001

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What now? Anything?

That was my question, after the long, long letter. They have a pretty good case against me, it seems and I'm not sure what to do to get that off of my CR, or if I even can.

Sorry, I didnt and still dont understand what 'case' they have against you. Perhaps I'm just taking that to literally. Since it was paid I didnt understand. Color me confused. But I think Methuss got to the point.

Sorry.

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on EX it says there is a ballance of $150...should I tell them this, or will it move the date up to the current?

The only way the date of last activity can be changed is by you making a payment or entering into a new agreement with them. The DOLA is the date that SOL is based on. And you dont have to worry about telling EX about it, they already know since its being reported. Be sure your not confusing Date Opened or Last Status date with DOLA. They are not the same and in my experience the DOLA is not readily available on the CRs.

I'm still unclear if this item was actually paid or not? If it was, and it is being reported as a paid collection item-is that what your trying to get removed?

I dont know why I'm having trouble with this but I still dont understand what your trying to accomplish.. Sorry again.. I'm trying to get there.

J

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