Drafting letters for others in Need

[normajean]

If I draft letters for other people,{ to send to creditors and ect.} do I need to get a signed limited power of attorney from the people I am writing the letters for, if they are not signed. What are the legalities of doing this for others??

I also have a friend that wants me to file a small claims suit for her. Can't she do that online?

Why are people so down on honest credit repair people?Have the bad ones given the good ones a bad name? I know what I went through to clean up my credit and some people don't have the time or the knowledge to do this on their own. I know the CRA hate credit repair people and discourage against it because their knowledge is more extensive.

I've helped a few people do this and they are so grateful they keep referring people to me. I work really hard to help them. I research all the time.

There has to be a lot of 8) Good Robin Hoods (credit repair) out that that actually want to help others.

[admin]

It's better to do a limited agent release rather than limited power of attorney. Or at least that what I've been advised in the state of AZ.

[normajean]

Thank you, where could I find a draft of that? I live in california. . before I start letters? Thank you for your information. I appreciate it. I thinK I will go on line and find a draft of the Limited agent release.

I just don'twant to do anything illegal. Is there a site I can go to and make sure I am doing everything right?

Someone told me I cannot take a deposit for the letters I am writing. Do you know if that is true. I put a lot of time into the letters.

[gdouglaslee]

You're wasting your time. The CRAs and most creditors have the right to consider any communication from a third party as frivolous and will refuse to investigate. That could damage your friends chances. By accepting money, your are actually functioning as a credit repair agency and some states have strict laws pertaining to the registration and licensing of those agencies. Eventhough you may have a power of attorney, you should look into your personal liability on any issues that might arise.

[admin]

You're wasting your time. The CRAs and most creditors have the right to consider any communication from a third party as frivolous and will refuse to investigate. That could damage your friends chances. By accepting money, your are actually functioning as a credit repair agency and some states have strict laws pertaining to the registration and licensing of those agencies. Eventhough you may have a power of attorney, you should look into your personal liability on any issues that might arise.

I must respectfully disagree with the first part of your statement. You can act as an agent for someone, it's done all of the time, especially when dealing with collection agencies. And just because an agent is disputing information does not change the rules of the FCRA. They must investigate if there is reason.

But the second part is true - you are subject to Fed Laws, namely, you must issue a standard form with wording (it's all on the ftc.gov site), and there is a 3 day right of recision.

[normajean]

Whew! ! Thank you for that post. Does anyone on this site do repair in california that I could talk to or would that be considered unethical for this chat group?

[admin]

I'll get you my template in a few. I've helped out friends.

[normajean]

Thank you.

[gdouglaslee]

I think it would be far easier just to prepare the letters and have them sign and send to the CRAs or send to the CAs rather than acting as an agent. I don't have any problem with anyone accepting a "gratuity" for doing it. It would avoid a lot of potential problems. My first dispute with TU resulted in a refusal to investigate on grounds that it was frivolous because it was done through a third party. In reality it wasn't as I have never used a third party. I think it was because I always have a habit of printing the file folder, file name and directory path in the footer section. Anyway I straigtened TU out with a phone call and I no longer print the file names etc in the footer.

[admin]

Here ya go...

SPECIFIC AGENCY AGREEMENT

<client>, therefore after know as "client" have at this date entered into a contractual agreement with Web Nation, Inc., hereafter known as "agent", to have agent write letters to the three credit bureaus, Equifax, Experian, and Trans Union for the purpose of disputing information contains on client's credit report. In addition, agent will write letters to attempt to validation debts reportedly owed by client to collection agencies mentioned on client's credit reports.

Terms

1. Client agrees to sign a release of all information from creditor to agent.

2. Agent will write letters of dispute to each of the following credit bureau, as needed:

Equifax

Experian

Trans Union

Agent will dispute all negative information contained on client's credit report. Client is responsible for mailing these letters and supplying a copy of his driver's license to each bureau. Client is responsible for forwarding copies of all correspondence received as a response from these credit bureaus.

3. Agent will write letters to collection agencies as agent sees fit and request debt validation from each of the following collection agencies.

Client is responsible for forwarding copies of all correspondence received as a response from these collection agencies. Client is also responsible for mailing out all correspondence which agent sends to client, including all costs of postage, certification and additional fees.

4. Client understands that agent cannot guarantee any improvement in current credit rating or balance owed on any debts as a result of negotiations may on client's behalf. Client still agrees to pay to agent for all time spent in the letter-writing process. In addition, agent may recommend client to take additional action besides mailing out letters, including follow up calls and court action to obtain optimum credit improvement. Client understands that maximum credit improvement may not occur if recommended client does not complete additional actions in a timely fashion, or at all.

5. This contract shall run from the date both agent and client have signed this agreement until the agreement is terminated by either party.

Governing Law

This agreement shall be governed by and construed in accordance with the law of the State of Arizona. Disputes which arise out of this Agreement that are not resolved by the parties shall be adjucated in a court of appropriate jurisdiction in Maricopa County, Arizona. Client hereby consents to the personal jurisdiction of the state and federal courts within Maricopa County.

Legal Fees

In the event of any action or proceeding to enforce the provisions of this agreement, the prevailing party shall recover its reasonable attorneys' fees to be set by the court and not by the jury and to be included in any judgment to be entered in such action or proceeding.

Termination

This authorization does not preclude client's ability to act on his/her own behalf for debt settlement when client deems it necessary. However, if client makes separate agreements with the creditor without informing the agent, this shall serve as a termination of this agreement.

This contract may also be terminated for any reason by either one of the parties after written or verbal notice.

I have read and agree to the Specific Agency Agreement.

Client: _____________________________________________________

Date: _____________________________________________________

Agent: _____________________________________________________

Date: _____________________________________________________

[CRDTNogood]

Thank you for sharing...