Profile picture for jenmopo

Help with getting a negative off credit report

A collection agency contacted me about a debt that I am sure I do not owe. They did not give me any proof of debt and failed to notify me within the guidelines required by law. I told the I do not owe the debt and that they needed to provide me with some proof (a contract...anything) that shows I owe this debt and they did not. It ended up on my credit report and I filed a complaint w/the DA's office. They responded that the credit agency that I didn't respond in time (I did) that is why they put it on my credit report and they made other false statements about me. They also said they are not longer pursuing the debt (gee I wonder why...because there is NO debt owed).  The DA's office said that they will keep my complaint on file but that is all they can do and if I wanted to pursue further action I should get an attorney.  Well, I certainly can't afford an attorney, but this hit on my credit has caused me to lose almost 100 points on my otherwise great credit history. Any suggestions or comments?? Thanks!

  • January 29 2009 - Greeley
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Answers (13)

Good question Nick...

you never know, someone current may see it and need our answers
  • July 15 2010
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Why are we answering questions from a year and a half ago????
  • July 15 2010
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There's no reason why you should simply give up demanding proof the debt is valid using the FCRA as ammunition ...

Keep sending (certified) letters to this collection agency demnading either proof or removal ...Keep copies of the letters and the signed certified mail receipts ...

This paper trail can them be presented to the "big 3" (Trans Union, Equifax, and Experian) as evidence the collection agency failed to comply / meet their burden of proof

This should be enough evidence to convince the bureaus, and have the reporting removed from your credit reports
  • July 15 2010
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Profile picture for Mister Info
You should absolutely NOT consider paying off the debt that is not rightfully yours. There are a number of ways to get them to remove this from your report including contacting the credit bureaus directly and even better contacting the original company the bogus debt is from and demand that they give you a letter stating the account and debt is not yours. If this does not work quickly enough get in contact with a professional credit repair company.

Reputable credit repair agents know the ins and outs of the FCRA (Fair Credit Reporting Act) and how to use the laws within it to get collection agencies, lenders and credit bureaus to remove these kinds of inaccurate information immediately. My sister used this company www.thecreditbar.com and was able to raise her score from 550 to 672 in less than 5 months
  • May 26 2009
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Profile picture for Bentley Advisors

Debi, you need to contact the County to confirm it's all paid off and then have them report it correctly to the bureaus.  Always demand proof of everything on paper (e.g. proof of complete debt satisfaction, proof or letter stating that they had reported in error and that debt paid in full, etc.).  Keep it for you records in case it happens to re-appear.

Also, next time, you should create a new post.  This one is for jenmopo.

  • February 02 2009
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Profile picture for Debi Wong
I would like to generate another question along about removing negative credit.

In November 2005, my mother died and left her home to charity and listed me as the trustee and executor to sell her property in California.  I finally sold her condo in 2007 and wound up with a nice back tax bill called an escape tax that went back to 2005 of what the County then perceived as the value.  The reassessed it at $400,000 even though the unit was sold for $293,000 and the escape tax was around $4000.  Even though I was paying the regular property taxes as billed, then sent me a notice of the escape tax and said they would "lien" it against me if it was not pain.  The beneficiaries requested I dispute it which I did.  The late charges were pretty significant, so I paid off the first notice including late charges, around $4,200.  All of these transactions were being handled under the trust's taxpayer number, not my social security number.

Low and behold when I ordered my annual credit reports, the County noted that I had an outstanding debt on my credit report even though it is now paid.  Does anyone know how to get rid of this, and have any idea how much of an impact this has on FICO scores?
  • February 02 2009
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Profile picture for Mr Caveat
the case was eventually dropped since no one could provide a stitch of documentation that proves that my acct was not current when i closed it.

even their records indicated the account was closed in good standing afterall.

thanks for letting me vent even though it is totally off topic.
  • February 02 2009
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Profile picture for Mr Caveat
man oh man does this take me back. key bank actually sued me(completely out of the blue i got a suit from a court in another state and  letter on some law firm's letterhead roughly 6 months after an account i closed the account with them.) was totally like WTF? right? called the bank, they said uhh we must have sent all of our records to the firm... called the firm, they said err well you want like a statement or something? we'll need to get that from keybank. again i was like "how is it legal for you to do any of this with zero investigation, zero documentation, and zero accountability? they said it might take a few WEEKS to get a statement that says what (and why) i owe keybank money on a closed account.

i wrote a complaint out to the washington and ohio state bar association. so far as i know the firm is still in buisness. just felt like sharing!

key corp sucks!

  • February 02 2009
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Profile picture for Bentley Advisors

You can work on disputing w/ credit bureaus...but the best way to have it permanently removed is to go straight to the source...the company that is reporting the negative item.  You will need to obtain a letter on their letterhead referencing acct # indicating that they have reported in error and that they will be completely removing or deleting this from your credit file.  To do this, you'll have to make it clear that this is not your debt and that there will be consequences if they don't comply.  Learn your rights and force them to comply.

http://www.fair-debt-collection.com/index.html

  • February 02 2009
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Profile picture for jenmopo
Fly Eagles Fly....I meant to say the Attorney General's Office, not the DA's (sorry, I used to work in law and it just popped out).  The collection agencies name is BAS Collections dba Bonding Adjusting Service. The attorney General's Office told me that me complaint lies with the original creditor in this case and if I thought that they wrongly accused me of this debt I should get an attorney.  It seems that they weren't able to produce any evidence of this debt to the agency.  The collection agency told the AG's office that they DID provide me with a letter that informed me of my rights and that I needed to respond within 30 days or they would put it on my credit report.  I called them as soon as I got the first letter and I also write them a letter and mailed it return receipt requests.  I asked for proof of this debt and I told them I disputed the debt.  But, they said because I didn't respond withint the so-called 30 days, they were going to put it on my credit report.  I guess they don't need to show any proof of the first letter and it is my word against their word as to whether or not I got it.   I have started the process of getting this off my CR, but it is going to takes weeks.  I guess I just don't understand how anybody and say they are owed a debt and not have to provide proof and how a collection agency can lie and say they sent a letter that they did not.  What the heck?!
  • February 02 2009
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Under the FDCPA the creditor must provide you with proof of debt upon request. You need to contact your State Attorney General's office not the DA (Criminal matters). What is the name of the collection agency?
  • February 02 2009
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Profile picture for jenmopo
Thank you for your response.  I know I will have a long haul ahead of me but will do what I need to do I guess.  My biggest issue is that I am trying to purchase a home, that is how I found out that this was on my credit report and that it caused my score to be lower than it should.  The lender suggested I cut a deal with the collection agency and pay the bill in order to get it removed, but I do not owe this money and can't come to grips with having to pay for something I don't owe.  My husband thinks we should just deal with the collection agency and see how much they would settle for to get it removed. It just makes me sick to think that someone can say you owe them money and not have any documentation or proof of this and now it is up to me to jump through all the hoops to get it removed from my credit report.  I have never had this kind of thing happen to me ever before....I have never failed to pay a debt...and yet, this kind of thing can happen and I don't have any rights.  Thanks again for your input, I appreciate it.
  • January 29 2009
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Find out which repository has the record - Trans Union, Experian, or Equifax. You can find their contact information on online, and their forms for dispute resolution. You can handle all of this yourself, and don't need a credit repair company for this.

If you are 100% certain that the debt is not yours, write to the repository that has the record, or if all three have it you will need to do this three times. You should be able to do all this online. Explain that you dispute the collection debt being included in your credit report because it does not belong to you and you don't owe this debt. They have 30 days to investigate, and if the collection agency does not respond, or cannot provide proof that the debt is yours, it must be removed from their records.

Be aware though, that even if removed from your record, the collection company may report the collection debt again, and it could show up in the future. If this occurs and you have to go through the process again, I would then recommend you have an attorney write a letter to them to delete this account from their collection process and reporting. They will pay a little more attention to your attorney's letter than your's........


But if this is a det that belongs to you and maybe don't remember, and the collection company can provide proof to the credit repositories, you have litlle chance of having it removed.
  • January 29 2009
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