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ITS Letter to Sherman or Alegis?


breathing_easier
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Sherman bought an alleged debt from FUSA (which I do not believe is valid) and is reporting it on Experian (I successfully had it removed from EQ and TU) under the name Sherman Acquisitions. They have sent collection letters via their Protocol Recovery Service and, more recently, Alegis Group arms. I have DV'd both with no proper response (in fact, I DV'd Protocol twice). Sherman has failed to mark the tradeline in dispute and continued collection activity in the form of a second collection letter from Protocol after they received my first DV letter. I am now preparing an ITS letter to Sherman demanding that they remove their TL from my EX report. However, was wondering if I need to send the letter to Sherman directly or to Alegis, since the last collection letter came from Alegis?

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The last letter I received was from Alegis in December. I had already DV'd them and they didn't respond at all, but sent a second collection letter (first violation). I had DV'd Protocol Recovery Services previously and they responded with a slip of paper on which they'd handwritten FUSA's name, account number and the fact that they'd been "assigned" the account (a fib, as they had actually purchased it). This all started in July 2003 and I've sent three DV letters, with no validation. Sherman never marked the tradeline in dispute (second violation) and now has sold this imaginary debt to Cavalry so both Cavalry and Sherman are appearing on EX! I've decided it's time to get a little nasty with Sherman. :evil:

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Another question, though, retmar. I'd like to be able to say in my ITS letter that I have sent three DV letters with no response to two of them, and a woefully inadequate response to one. However, if I simply send the letter to Alegis Group they will undoubtedly say they have no knowledge of the two letters I sent to Protocol Recovery, even though they are all under the Sherman name. Shouldn't I send a letter to Sherman directly and reference all three letters I've sent to their affiliates, Protocol and Alegis?

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Yes, reference each and every letter you have sent. Be sure and include copies of each letter along with copies of each Signature Card (both sides). Use your own judgment as to what to say, but, you want to be very stern and professional sounding. Give them 10 days from receipt of your letter to postmark a letter to you, on their letterhead, that they have closed, deleted, and have gone to eat Maggot Droppings. If they don't, you will sue.

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Right. But I'm wondering if I shouldn't send my ITS letter to Sherman directly, even though I have never received a letter on Sherman letterhead, since they're the ones who bought what they thought was my debt to Bank One and they're the ones reporting to EX. Alegis was the last to contact me. Therefore, should I send an ITS letter to both Sherman and Alegis?

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  • 2 weeks later...

Good news!! Sherman is GONE!!!! I received an e-mail notification from EX this afternoon that my dispute results were in so, with some trepidation, I went to the EX site to take a peek. I fully expected to see the dreaded "Remains" but oh-happy-day it read "Deleted!" Yee Ha! Alegis only signed for the green card on 8/9 so I doubt that it was my ITS that did it and that it was probably my disputing the TL with EX (for the third time) that did it. However, it's fun to think that maybe it was my ITS letter! :lol: In any event Sherman is gone, gone, gone on all three reports...as well they should be as it was a bogus collection to begin with. I've been trying to get Sherman to validate since 7/03 so it's about time they've poofed.

I needed this after the way the day started with the bad news about MBNA/eCast Settlements. This is definitely one of those credit repair "ups!" I knew credit repair would be one wild rollercoaster ride when I hopped on, and it is! Up-down-up-down, but hanging on and waiting for that level track at the end!

What a great way to start the weekend! :woohoo:

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I have noticed that Sherman is now on my Credit Report about 5 times regarding various credit cards. All the accounts had been purchased. Some listed the open date as Not Reported and some listed a date as recent as June 2004. All these credit cards were orginally opened more than 10 years ago. From what I have read, Sherman has re-aged the accounts. How do I get them removed from Experian, Equifax and Transunion? Isn't this illegal? By the way, what does IT letter mean?

Thanks for the help?

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It is routine for debt buyers to try to re-age the account by reporting the "open" date as the date they purchased the account. This is a violation of the FCRA. If disputing each of these tradelines as "not mine" with the CRAs does not result in a deletion, then you need to dispute the open date as a re-aging of the account.

Has Sherman sent you collection letters on these five accounts? If so, when? If they have made contact in writing then you need to respond to them with a debt validation (DV) letter within 30 days of the receipt of their collection letter. You can find a sample of this letter in the link at the top of the page. If they have contacted you only by phone, or not at all, you will still want to send them a DV letter to start your paper trail. Chances are Sherman will not be able to validate the account. However, when you dispute the Sherman TLs with the CRAs, Sherman will continue to "verify" the tradeline in violation of the FCRA. If the CRA continues to report the TL after you have notified them that Sherman has failed to validate with you but has verified the account with the CRA(s), then you can send an intent to sue (ITS) letter to both Sherman and the CRA(s).

Welcome to CIF. Be sure to read all the "stickies" at the top of each forum and thoroughly read all the links provided and all the messages in each forum. It will take some time to read through everything and digest it, but it will be well worth the effort.

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I DV'd Sherman on a collection account and within a week they sent me a notorized "Affadavit of Debt". Does this count as valadation? Also, they verified the item as correct with the CRA's. Today I received another collection notice from First Performance Recovery for the same account. They are also using the open date as 2002 when this account originally went to collection in 1998.

Sorry so many questions but this is my last item to clear up before applying for a mortgage.

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regina: No, an Affidavit of Debt is not validation. It does nothing but re-state what was probably in Sherman's first collection letter to you. Was the Affidavit of Debt accompanied by a cover letter from Sherman stating that they had requested the original loan documents and statements from the original creditor? Under the FDCPA, until Sherman validates they must either delete the tradelines from your credit reports or advise the CRAs that they are "in dispute." If they are still reporting on your credit reports, then you have Sherman on at least one FDCPA violation, possibly more.

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If the Sherman tradeline is still reporting on one or more of your reports, don't wait at all. Send them an intent-to-sue letter via CMRRR if the tradelines are not either deleted entirely or reported as "in dispute" with the CRAs. If your dispute of the Sherman tradelines with the CRAs are coming back "verified" when Sherman has failed to validate the debt with you, then that is their second violation of the FDCPA. Send a method-of-verification letter to the CRAs advising them that Sherman has not validated and requesting their verification method with Sherman. Ask for the specific name, department, address and phone number of their verification contact at Sherman. There are links at the top of this page to sample form letters. In addition, on the CreditInfoCenter homepage it speaks specifically to the method-of-verification process. Be aggressive with both Sherman and the CRAs until they either delete or properly update the tradeline.

(Sherman bought a list of alleged account numbers and balances from your OC without ever knowing if they were valid or not. Their Affidavit of Debt is just a reiteration of the information on that list. Don't let them bluff you.)

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