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To: diotima
The people there know what they are talking about.

Maybe it's changed but a couple of years ago they were useless. Art of Credit was a good board but appears to be gone.

The problem with creditboards is they get people sending stupid "validation" letters filled with pseudo-legalese that is meaningless & is a clear tip-off to the creditor that you're using those boards. The collectors read the boards too.

The best approach is a folksy, home-spun sounding letter that accomplishes your task without making you sound sophisticated. So instead of quoting the FCRA and FDCPA, you send a letter that says:

I received your letter regarding this debt and I don't think it belongs to me. Please send me more information so I can determine whether this debt is mine.

That does two things from a legal standpoint: You (a) have disputed the debt, and (b) have requested that they validate it. You did both without sounding like you knew what you were doing. They will be far less careful with you under those circumstances.

So then later they report the item to the credit reporting agency without also reporting that it is disputed. Bam. That's your first FDCPA violation and is enough to sue over. You sue in your local JP or small claims court. If you owe them less than $1000 or so, they won't fight you and will likely write you a check, absolve you of the debt and remove the item from your credit report. I know this is true because, to quote Ron White, "I've seen me do it".

43 posted on 09/27/2007 2:51:42 PM PDT by BearCub
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To: BearCub
... So then later they report the item to the credit reporting agency without also reporting that it is disputed. Bam. That's your first FDCPA violation and is enough to sue over. You sue in your local JP or small claims court. If you owe them less than $1000 or so, they won't fight you and will likely write you a check, absolve you of the debt and remove the item from your credit report. I know this is true because, to quote Ron White, "I've seen me do it".

Bite the scammers. I like it, and if I didn't have enough personal grief to deal with right now, I might consider it. As it stands though, I think cease and desist is all I care to do. Although I will be checking my credit reports. If I see it on there, I will bite them back.

Thanks!

51 posted on 09/27/2007 3:18:20 PM PDT by AFreeBird (Will NOT vote for Rudy. <--- notice the period)
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To: BearCub
Damn, that is the best advice yet. Personal experience?


53 posted on 09/27/2007 3:24:23 PM PDT by darkwing104 (Let's get dangerous)
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