623 Letter to CA

[ChiTownJoe]

First I would like to say thank you to all who provide the great info on this site. I have learned so much, Thank you!!

Let me start by giving a little info about this acct. It is my dads acct from a lab. I disputed with CRA, was verified. I even spoke with CA, they said it would be removed. Here is the letter I was thinking of sending.

Name

Address

City, State Zip

Collection Company Of America

700 Longwater Dr Ste 2

Norwell, MA 02061-1624

April 22, 2008

RE: Acct# xxxxxx

Original Creditor: xxxxxxx xxxxxxx Labs Ltd.

To Whom It May Concern:

Unfortunately I have to resort to this letter and whatever may follow as a means to clear up an obvious mistake made by your company. I have a collection account being reported on my Experian credit file that does not belong to me. It is my fathers account. He has the same name, xxxxxxx xxxxxxx, with an address of xxxxxx xxxxxxx xxxxxxx. I have spoken with your service reps and advised them of this. I even faxed documents. I was told this would be taken off my credit.

I recently pulled my credit reports from Experian. It seems to me that this account is not being reported accurately. When I disputed it with the Credit reporting agency the results of the investigation came back "verified". According to the FCRA, as amended by the FACTA act, you are required to notify me of the insertion of negative listings. I have never been notified that your company listed any negative items on my credit report.

Since I have disputed this information with the credit bureau, and you obviously "verified" it, I am very curious as to what kinds of "records" you may have for this alleged account. Under the FACTA laws, you are required to conduct an investigation on this account. I am now requesting an Investigation per section 623 of the FCRA.

I will seek legal action under § FCRA 623 ( for violations of the FCRA if you do not comply and respond to me with the results of the investigation in 30 days.

In order to clear up this matter, I would like to see the following:

· Proof that this is my account

· Statements showing how you came up with the amount you say I owe

· A signed contract from me with the terms and conditions you state

If you don't respond with the results of the investigation (as is required per the FCRA), I will assume you have no documentation and therefore you were negligent in providing the credit bureaus with accurate information. At this point, you would also be in violation of the FCRA merely for not responding within the 30-day period.

If you cannot provide me with the requested information please delete your Trade Line from my credit report. Once again if you do not respond to this Investigation within 30 days I will be contacting the Attorney General, Better Business Bureau and the ACA International.

Besides deleting the trade line you may also want to consider proposing a cash settlement offer to avoid a lawsuit, as you have clearly violated the FCRA by verifying this debt as mine and continuing to report it.

Some of the problems this has caused me are:

· Denied for credit

· Re-Financing of mortgage stalled due to this collection

· My credit-worthiness has been compromised

Sincerely,

Name

Last 4 of SS#

What do you think?

[musiqdefunk]

You do a request for validation per FDCPA on collection agencies and a 623 investigation on the original creditor. So you wouldn't send this letter to the CA.

[gator944]

You should send this to the CA if your complaint is about what they are reporting to the bureaus. A complaint for FDCPA violations would be for collection activity violations.

[ChiTownJoe]

I thought I read somewhere here that you can modify a 623 to use for the collection agency, that it works on anyone reporting on your credit file?

[gator944]

Yes. If your complaint is about how they are reporting to your credit file, it would fall under the FCRA.

[ChiTownJoe]

Yes. If your complaint is about how they are reporting to your credit file, it would fall under the FCRA.

Hmmm, ok. Any suggestions?

[lovebug5]

I thought I read somewhere here that you can modify a 623 to use for the collection agency, that it works on anyone reporting on your credit file?

Very, very interesting. I have read, time and time again, that this type of investigation isn't applicable to CA's. Anyone know where the threads are on these forums that discuss this?

[ChiTownJoe]

Seeing how I had talked with CCOA and faxed them info and they said they would take care of it and didn't, any suggestions on my next move? CRA is no help at all, they keep verifying it. Really upsets me since they looked up the acct info and saw it was my dads, but didn't know how it was reporting on me as well. They should have hit a button and took it off my credit that instant.

[shadokeeper]

Very, very interesting. I have read, time and time again, that this type of investigation isn't applicable to CA's. Anyone know where the threads are on these forums that discuss this?

i have read on her also that the "beauty" of this letter is that you can send it to any one who is reporting on your CR's

[TTigggers]

First I would like to say thank you to all who provide the great info on this site. I have learned so much, Thank you!!

Let me start by giving a little info about this acct. It is my dads acct from a lab. I disputed with CRA, was verified. I even spoke with CA, they said it would be removed. Here is the letter I was thinking of sending.

Name

Address

City, State Zip

Collection Company Of America

700 Longwater Dr Ste 2

Norwell, MA 02061-1624

April 22, 2008

RE: Acct# xxxxxx

Original Creditor: xxxxxxx xxxxxxx Labs Ltd.

To Whom It May Concern:

Unfortunately I have to resort to this letter and whatever may follow as a means to clear up an obvious mistake made by your company. I have a collection account being reported on my Experian credit file that does not belong to me. It is my fathers account. He has the same name, xxxxxxx xxxxxxx, with an address of xxxxxx xxxxxxx xxxxxxx. I have spoken with your service reps and advised them of this. I even faxed documents. I was told this would be taken off my credit.

I recently pulled my credit reports from Experian. It seems to me that this account is not being reported accurately. When I disputed it with the Credit reporting agency the results of the investigation came back "verified". According to the FCRA, as amended by the FACTA act, you are required to notify me of the insertion of negative listings. I have never been notified that your company listed any negative items on my credit report.

Since I have disputed this information with the credit bureau, and you obviously "verified" it, I am very curious as to what kinds of "records" you may have for this alleged account. Under the FACTA laws, you are required to conduct an investigation on this account. I am now requesting an Investigation per section 623 of the FCRA.

I will seek legal action under § FCRA 623 ( for violations of the FCRA if you do not comply and respond to me with the results of the investigation in 30 days.

In order to clear up this matter, I would like to see the following:

· Proof that this is my account Good

· Statements showing how you came up with the amount you say I owe

Don't ask for statements just ask them to check out all of the charges on your account.

· A signed contract from me with the terms and conditions you state OK

If there were any lates or any otherthing reported that is in question list that as well. You don't want them to dem your letter as frivilous.

You need to state something they are reporting on the TL for this letter.

Looks like you are asking for a DV not an Investigation.

If you don't respond with the results of the investigation (as is required per the FCRA), I will assume you have no documentation and therefore you were negligent in providing the credit bureaus with accurate information. At this point, you would also be in violation of the FCRA merely for not responding within the 30-day period.

If you cannot provide me with the requested information please delete your Trade Line from my credit report. Once again if you do not respond to this Investigation within 30 days I will be contacting the Attorney General, Better Business Bureau and the ACA International. And will file a lawsuit for FCRA violations

Besides deleting the trade line you may also want to consider proposing a cash settlement offer to avoid a lawsuit, as you have clearly violated the FCRA by verifying this debt as mine and continuing to report it.

Some of the problems this has caused me are:

· Denied for credit

· Re-Financing of mortgage stalled due to this collection

· My credit-worthiness has been compromised

I would get rid of this part. If they do not respond send an ITS with this in it.

Don't threaten too much action yet leave that for later in case they don't respond.

Sincerely,

Name

Last 4 of SS#

What do you think?

Hope it helps

[Robert Nashville/Savannah]

Assuming they’ve had enough time to act (not saying they haven’t…just covering my bases here); I think it’s safe to say that your problem is that you are dealing with laziness and/or incompetence.

Even if they believe you when you tell them it’s your Dad’s account; given how easy it is to do nothing rather than something, they probably just don’t want to go through the steps necessary to remove the reporting.

Until my Dad passed several years ago, I had to deal with this over and over again – not usually with CA’s but usually regular creditors…most places took care of it fairly quickly, some required a letter from my attorney “reminding” them of the possible consequences for their inaction and sometimes it took actually going as far as filing a suite to make them do what they should have done all along.

So, what I’m saying is that if they won’t play nice it may be time to bring out the “big guns” (or at least get them ready).

I would also suggest that a letter from you Dad attesting to the fact that this account is “his” and not “yours” would be helpful too.

This should be a word of warning to all parents to be –giving your kids the same name as you is often not a favor; at least not when it comes to the credit reporting system.

[TTigggers]

Very, very interesting. I have read, time and time again, that this type of investigation isn't applicable to CA's. Anyone know where the threads are on these forums that discuss this?

Check My and Amerikaners post we have had several discussions on this.

Yes this letter can be used on anybody reporting on your CR the nice part is this puts them under the FCRA for violations.

[ChiTownJoe]

Thank you, I will edit. Very true about naming kids after dad. I wanted my first son to be Joe, not anymore.