Getting the Original Creditor to Verify You Owe the Debt Or Were Actually Late

Getting The Original Creditor to Verify You Owe the Debt or Were Actually Late

Debt validation does not work with the original creditor, only with collection agencies. The only way you can get an original creditor to budge on responding to you via snail mail (so you can send it certified) is to tell them you will sue them for defamation if they can’t prove that you were actually late or even that you are on the account. This letter is perfect for those people who are trying to get “Authorized User” accounts off of their credit reports. The court case cited in the below letter is included in this CD under Court Cases.

Company

Address1

Address2

City, State Zip

Date

RE: Account XXXXX-XXXX-XXXXX

Dear Sir/Madame:

I am writing to dispute the account referenced above. I have disputed this account information as inaccurate with the credit bureaus <insert names of credit bureaus here>, and you have been able to verify this debt. How is this possible? I was <not late> <this is not my account> <I am only an authorized user>.

I request that you send me the proper proof that what you are reporting is true, or if you cannot, to immediately remove it from my credit report.

In the event that you can not verify the item pursuant to the FCRA, and you continue to list the disputed item on my credit report I will find it necessary to sue you for improper reporting of information to the credit bureaus regarding my credit history, actual defamation damages and declaratory relief under the FCRA. According to this regulation, I may sue you in any qualified state or federal court, including small claims court in my area. You have severely limited my ability to <purchase a home> <get a job> <get a credit card>.

In light of the recent changes to the FCRA (FACTA), consumers now have the right to go directly to the original creditor and ask for proof of negative information. In addition, court case opinion No. 00-15946 CV-99-00290-D.C. by the US Court of Appeals 9th Circuit, Nelson Vs. Chase Manhattan, the court ruled that the creditor has the responsibility to investigate and make sure that correct information is being reported to the bureaus, and that the consumer has a right to sue under the FCRA, should his or her rights be violated.

While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FCRA.

I look forward to an uneventful resolution of this matter.

Sincerely,

Signature

Your Name

Your Address