I have sent the collection agency my inspection report, it is signed by both parties and dated. It states all dificiencies have been corrected. I have contacted the credit bureau with same information. Yet it is still on my bureau and collection agency is still trying to collect. I have told them to take me to court. I do not feel that it is fair that they can ruin my credit until I can prove them wrong. I have evidence that I do not owe this money yet the collection agency says that doesn%26#039;t matter, that the landlord also has evidence. I never received any bills in this matter until 10 months after I had vacated the property and that was by way of the collection agency. The landlord had the forwarding address. Do they not have to send some kind of bill....or proof that I owe this? The credit bureau says the collection agency just verifies that it is my collection.
My landlord has reported a collection and I don%26#039;t owe the money, how do I get it off of my credit bureau?
By law, you are entitled to submit a 100 word consumer statement to your credit bureau report. This will help offset the negative information until the matter is resolved. Section 611(b) reads as follows:
(b) Statement of dispute. If the reinvestigation does not resolve the dispute, the consumer
may file a brief statement setting forth the nature of the dispute. The consumer
reporting agency may limit such statements to not more than one hundred words if it
provides the consumer with assistance in writing a clear summary of the dispute.
Credit bureaus will tell you they cannot fit 100 words, and they will have trouble with proper English punctuation. You need to be forceful on this issue and remind them of the laws.
The consumer statement does not resolve the issue but does explain to creditors that a collection is %26quot;unresolved status%26quot; and is under dispute.
As far as resolving the issue:
809. Validation of debts [15 USC 1692g]
(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer%26#039;s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
Send the collection company a letter. Remind them of the %26quot;Fair Debt Collection Act%26quot;. Read the act over for any other weapons.
Generally, collection companies are bullies. Let them know they are in violation and that you will go after them if needed. Forward copies to the credit bureaus. Basically, %26quot;Give Em%26#039; Hell%26quot;
My landlord has reported a collection and I don%26#039;t owe the money, how do I get it off of my credit bureau?
If your landlord has a legitimate claim for money you actually owe him, and you refuse to pay him, then he can report the delinquency to the credit bureau. Collection agencies are only trying to make money and the person calling you gets a commission on what is paid. They get their info from your credit report. If your landlord agrees that you do not owe any money, get him to contact the credit bureau and make the correction. If you can%26#039;t get in touch with your landlord-or even if you can, officially challenge the contents of your credit report by sending the credit bureau a letter stating the facts and attach proof of the paid debt. It is their responsibility to research the matter and the landlord%26#039;s repsonsibility to respond to them within a certain time. If they cannot determine that the item is legitimate, they have to remove it by federal law. The burden of proof lies with the reporting credit bureau. Writing letters to the credit bureaus challenging the contents of your credit report is the legal way of %26quot;cleaning up%26quot; your credit history. You also have the legal right to a free copy of your credit report from the 3 major bureaus once every 12 months or on each occurrence of being turned down for credit based on your credit report.
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