Collection Agency Removal Letter

by admin on October 22, 2008 When You Send A Debt Validation Letter To A Collection Agency And You Are Lucky Enough To Live In The Lone Star State The CA !a" #$ Day" To Validate %r They &'ST (e)ove The Ite)* Dear Friend, Not only must the Collection Agency stop reporting the negative item to the credit bureuas, they potentially face a stiff fines and penalties !o" great is that# $ am going to brea% this post do"n into t"o sections for ease of reading& 'here are many templates of validation letters out there on the $nternet& $ have ta%en the best parts of them and added my o"n based upon "hat $ %no" has helped my students and $ "ith (00) removal of Collection Agency accounts from credit reports& $ use the same template, *ust change the account details to fit your particular situation& +emember, these codes and regulations apply to residents of 'e,as only& $f you "ish to find out more about credit repair, simply go to """&Crushing'heCredit-ureaus&com -y la" a collection agency must cease collecting and contact the Original Creditor (OC) to get validating documents and send those document to you& No" there is a lot of debate about "hat constitutes proper validation . but in court /"here it matters0 they MUST sho" these things1 1. Signed agreement or contract: 'hey need this to prove you entered into a legal obligation "ith the OC and to *ustify any e,tra fees they are tac%ing on such as collection fees and2or interest& 'hey can not *ust simply decide to charge you interest or fees& 2. Statements or t!e li e o t!e acco"nt: 'hese are to sho" "hat monies "ere paid into the card and "hat charges "ere made& 'his is also to determine e,actly "hat you o"e and ho" much you have already paid into the account /not to mention it sets the dates for 3O4&0 #. $oc"mentation rom t!e OC (or t!e last de%t collector): Do they no" legally o"n the account& 'hey must have a bill of sale, a transfer, "hatever they use to transfer o"nership of the account& &. Licensing and'or %onding: $f your state re5uires them to have these things, ma%e sure they have them $f you can6t find them "hen you are researching, then as% them for it 7sing my sample letter as a reference, $ "ill detail the parts of the letter& Opening1 8ou *ust "ant to list all the important information here, the certified letter 9, the account number, anything else you included if you sent more /such as the fact $ sent a letter to both a CA and a CA collecting on behalf of the CA&0 Opening /before the mention of the finance code01 -asically you *ust "ant to open "ith the basics of your research& 8ou found the debt on your report, you got a call, etc& 8ou also "ant to mention if you could find no bond and2or licensing info /if re5uired0&

-ody of the 4etter /after the finance code, before the "ritten inspection01 !ere you "ant to list in detail any inaccurate information you have uncovered and as% for it to be corrected or removed& 8ou also "ant to add a partial cease : desist paragraph that basically tells this CA that they are no longer allo"ed to contact you by phone at all, that if they "ish to converse "ith you it "ill be through the mail service& No" the finance code part is only for 'e,as, though other states may have similar la"s, you "ould need to research it or stay specifically to the FDC;A and FC+A& <ritten $nspection1 'his is also *ust for 'e,as, it is the re5uirement to be able to later sue the company& $ try to "rite it out in very precise, numbered paragraphs that spells out "hat the problem is, "hat $ "ant done about it and the conse5uences if these things are not done& $n the case of debts, it is to properly validate and to correct the credit report inaccuracies& For those of you not in 'e,as, or *ust "anting to use the federal la"s, *ust ma%e a statement that you "ill not tolerate any violations of your rights and that includes not validating an account they have listed on the credit reports until they have provided validation& -e "arned, if you "ant the CAs to comply, you "ill li%ely have to drag them to court to do so, but remember you can recoup all costs of court =eep copies of >?>+8'!$N@ $ncluding the letter you "rite !ere6s 'he 4etter $ !ave 7sed $n 'he ;ast1 NCO Medivac POB 41448 Philadelphia PA 19101 Re: Accounts listed with credit reportin a encies !"#ui$a%& 'ransunion& and "%perian( Account Nu)*ers: ++++++ ++++++ Certi$ied Mail + ++++ ++++ ++++ ++++ ++++ ,ncluded: -etter to .est Asset Mana e)ent /ear NCO Medivac: 0ou are reportin the a*ove listed accounts on the various credit reportin a encies& na)el1& "#ui$a%& 'ransunion and "%perian2 Please *e aware that these accounts are under )1 )aiden na)e o$ 3ac#ueline 4)1the2 , have also chec5ed with )1 4ecretar1 o$ 4tate $or the re#uired 610&000 suret1 *ond that is )andator1 in order to pursue collections within the state o$ 'e%as2 7owever& , could not $ind a listin $or this particular o$$ice2 ,$ 1ou do not have such suret1 *ond& then 1ou )ust cease all collection activities and re)ove these accounts $ro) )1 credit report i))ediatel12 ,$ 1ou do carr1 the re#uired *ond& , will need to 5now the na)e o$ the suret1 co)pan1 as well as the *ond nu)*er2 Also& as per the 'e%as 8inance Code + #,-.-$-2 , a) disputin the accurac1 o$ these ite)s2 Accordin to the a*ove re$erenced 'e%as statue 1ou )ust cease an1 and all collection activit1 and respond to this letter in 90 da1s with proper validation& or 1ou )ust delete these ite)s $ro) an1 and all credit reportin a encies 1ou reported this inaccurate in$or)ation to and per)anentl1 cease all collection atte)pts2

Please *e advised that , a) re#uestin /ro0er Validation not veri$ication2 , alread1 5now 1ou alle e , owe these de*ts2 , need proper docu)entation $ro) the ori inal creditor such as *illin state)ents and an1thin with )1 si nature2 , also need docu)entation that 1ou are le all1 a*le to collect these de*ts on *ehal$ o$ the ori inal creditor or that 1ou have *ou ht the accounts2 , a) also entitled to a *rea5down o$ )onies owed and proo$ that an1 and all char es and interest $ees are le al in the state o$ 'e%as2 'hese accounts are also listed incorrectl1 in respect to the various credit reportin a encies2 8or e%a)ple& with "%perian 1ou are reportin the accounts as t1pe: ,nstall)ent and 'er)s: 1 )onths2 .ith 'ransunion 1ou are reportin the) as 8actorin Co)pan1 Account& and with "#ui$a% 1ou are reportin these accounts as an open loan2 On all o$ these accounts the correct account t1pe is Collection A enc1:Attorne1 or si)pl1 Collection2 As 1ou 5now& reportin accounts li5e this is e%tre)el1 da)a in to )1 credit health as the1 are *ein reported incorrectl12 , a) sure this was done in error& so a) ivin 1ou the chance to correct this oversi ht2 , a) advisin 1ou now that it is inconvenient to receive an1 telephone calls $ro) 1our o$$ice2 4hould 1ou need to correspond with )e& it will *e in writin via ;nited 4tates Postal 4ervice at the a*ove listed address2 , a) also sendin 1ou a cop1 o$ the letter , a) sendin to 1our collector& .est Asset Mana e)ent who clai)s to *e collectin on 1our *ehal$ on this account: 9<<=1402 , do not 5now which account this is as the nu)*er and the a)ount de)anded !6949200( does not )atch an1 that 1ou have listed on )1 credit report2 , a) ivin 1ou notice now& accordin to 'e%as Business and Co))erce Code& Chapter 1=& that i$ 1ou don>t provide )e with proper validation that this act causes )e and will continue to cause )e )ental an uish and detri)entall1 a$$ect the health o$ )1 credit as well as 1ou unlaw$ull1 atte)ptin to collect an alle ed de*t without the re#uired suret1 *ond2 B1 this code , can and will ta5e 1ou to court and see5 da)a es under 'e%as code that can *e not )ore then 6?00 $or each violation and under the a*ove code can *e tre*led& as well as all reasona*le costs incurred with ta5in this action2 , have included a cop1 o$ the code $or 1our review2 ("siness ) Commerce Code * 1+.,-,. .OT/C01 /.S20CT/O.. (a) Thi" i" a 1ritten notice to cure the violation" li"ted belo1. You have 2$ day" be3ore I 1ill 3ile "uit. 4. I))ediately di"continue all collection activity and re)ove the above re3erenced account" 3ro) )y E50erian Tran"union and E6ui3a5 credit re0ort" a" you carry no "urety bond or i3 you do in 3act carry "uch bond then 0rovide )e 1ith the "urety co)0any and bond nu)ber. -. /rovide )e 1ith validating docu)entation7 docu)ent" 3ro) the original creditor "uch a" billing "tate)ent" and anything 1ith )y "ignature. Al"o 0rovide docu)entation that give" you the legal right to collect u0on the"e account" "uch a" 0roo3 that you collect 3or the original creditor or 0roo3 o3 the 0urcha"e o3 the"e account". Al"o any and all docu)entation that account" 3or all the )onie" "aid o1ed and that "uch )onie" are legal in the "tate o3 Te5a".

#. Correct the incorrect re0orting o3 the above re3erenced account" "uch a" de"cribed above. 8Ty0e a" 9actoring In"tall)ent and o0en loan. The correct ty0e i" Collection Agency:Attorney or ;u"t Collection<. =. Di"continue all collection activitie" that include" but i" not li)ited to re0orting any in3or)ation 8other then correcting the )i"take" li"ted above< to the Credit (e0orting Agencie" o3 E50erian Tran"union and E6ui3a5 continued atte)0t" to collect the alleged a)ount" o1ed veri3ying any in3or)ation to the above na)ed three credit re0orting agencie". >. I3 the above cannot be )et 1ithin the #$ day ti)e 3ra)e a" governed by Te5a" la1 you 1ill then re)ove the account" 3ro) E50erian Tran"union and E6ui3a5 and di"continue all collection activity. 9urther thi" account 1ill not be "old a" thi" account 1ill be con"idered di"0uted and un?validated and "elling it 1ould be in violation. Each o3 the"e violation" carrie" 0enaltie" o3 not )ore then @>$$.$$ each and i" "ub;ect to trebling o3 a)ount a" allo1ed under the code" + 4A.>$. (ELIE9 9%( C%BS'&E(S 8Cu"ine"" D Co))erce Code< and + #,-.=$=. (E&EDIES 'BDE( %T!E( LAW 89inance Code<. , hope we can resolve this )atter #uic5l1 and to )1 satis$action& otherwise , will ta5e i))ediate and swi$t action as is )1 ri ht2 4incerel1& 8our Name