DISPUTE ANY CA ACCOUNT FIRST WITH THE SPECIAL

DISPUTE LETTER

AS THERE MAY BE NO VALID ACCOUNT

NOTICE TO COLLECTION AGENCY
LAWS RULES AND CODES RE:SOL

EVEN IF YOU HAVE A STREET ADDRESS DO NOT USE THE RETURN RECEIPT AS THE CAs ARE USING UPS DROP BOXES, SEND IT PRIORITY MAIL WITH PROOF OF DELIVERY ONLY AND PRINT OUT THE ON LINE PROOF OF DELIVERY FOR THE FOLLOW UP LETTERDo a separate letter for EACH CRA that the CA is reporting to, make sure the account #'s match the report. You can MAIL them all to each CA in ONE envelope with one PROOF OF DELIVERY mail #

[Subscriber]

[Address]

[City state ZIP]
[Collector]

[Address]

[City State ZIP]

[Phone number]
[Date] PD MAIL #.: _____________

Re ;  inquiry dated ____: your file # _____
Greetings:
Thank you for your recent inquiry.( If no letter or inquiry, but just a verification in response to the dispute letter, then state; This letter responds to your recent verification of an unknown account on my ( name(s) of CRA(s))credit reports)
This is not a refusal to pay, but a notice that your claim is disputed.

The Rules Of Civil Procedure of my State of (State ) provide a Statute Of Limitations limiting the time frame for any legal collection activities.

Include the following underlined paragraphs for credit card accounts

Please be advised that under the TILA § 15 a credit card account is legally defined as an "open" account.

The Act is in Title I of the Consumer Credit Protection Act and is implemented by the Federal Reserve Board via Regulation Z (12 C.F.R. Part 226).

The Regulation has effect and force of federal law.

Open-end Credit Transactions:

Open-end credit includes bank and gas company credit cards, stores' revolving charge accounts, and cash- advance checking accounts.

Typical features:

Creditors reasonably expect the consumer to make repeated transactions.

Creditors may impose finance charges on the unpaid balance.

As the consumer pays the outstanding balance, the amount of credit is once again available to the consumer

Under my State of ________Code #__________
the subject account has a _________ year limit for filing any legal action for collection.

Check your State in the individual State listings to see if it is a "cause of action"(date of first default) or "last item"( date of last mutual activity) State. Use the CORRECT "starting" date for your State
The starting date of this statute of limitations being the( date of first default) (date of the last mutual activity), with the ORIGINAL CREDITOR of the subject account.

Records indicate that this date on the subject account #___________ with (creditor name) is __ ___ ____.

This notification is formal notice to you that any filing of such action by you, or your representatives or assigns, is therefore time-barred.

Under the FDCPA, any such action, or threat of such action is a violation of the law,and grounds for fines and civil sanctions.

807.  False or misleading representations

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.
The penalty provisions of the FCRA and FACTA are also in effect, including FACT Act changes final rules effective July 1, 2010.
Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(2)  The false representation of-

(A)  the character, amount, or legal status of any debt; or

(4)  The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

(5)  The threat to take any action that cannot legally be taken or that is not intended to be taken.

This notification to you is of applicable legal statutes,codes and laws.Other Federal and State laws may apply.


Under the laws of my State,(statute # if available) continued collection activities, including reporting,verification or reinsertion of accounts. beyond their legal collection date to any consumer credit reporting agency, may be considered extortion and/or fraud and subject to criminal as well as civil prosecution.

Please note that proof of your receipt of this notice may be used by me or my legal representative in further action.

I also reserve the right to forward a copy of this letter,and any other pertinent material to the _____(CA lawyer's State) Bar Association.

Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities, and are barred from selling assigning or transferring any and all data regarding this account to any other party subsidiary or affiliate.

Your receipt of this letter will be considered as having granted consent to the taping of any and all telephone calls to me at my home or business by you or your agents or assigns

Best regards,

[Subscriber]print or type name

FOLLOW UP DISPUTE TO CRA(THIS IS TO BE USED AFTER THE LETTER TO THE CA)

LETTER TO CRA

Deletion Request AFTER SOL Letter
LETTER TO CRA AFTER SOL LETTER TO CA THIS LETTER IS TO BE USED ONLY AFTER PROOF OF DELIVERY TO CA OF SOL LETTER SEND THIS CMRR
Your Name»

«Address1»

«Address2»

«City», «State» «Zip»

«Credit Reporting Agency»

«Address1»

«Address2»

«City», «State» «Zip»

«Date»

RE: My report of (date) (credit report #)

Dear Sir/Madam

This is a request for deletion of a disputed item.

Please be advised that I am exercising my rights under FCRA 611(a)(6)(B(iii) which provides that a consumer may request “a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available.”

This item has been reported by :

(Name of Agency, Account #___) to your credit bureau, and is currently entered on my credit report.

I am requesting that the entry be deleted in it's entirety as it is an invalid claim,and any reporting of an invalid claim is prohibited.

(see Sullivan v. Equifax, Inc. et al., 2002 U.S. Dist LEXIS 7884 (E.D. PA. 2002)

(reporting a debt to a credit reporting agency is a communication covered by the FDCPA in §1692e(8))"1692e(8)

Communicating or threatening to communicate to any person information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed."

Enclosed please find a copy of the notice sent to (name of collection agency),together with a copy of the delivery receipt proving delivery, enjoining them from any further collection activity on an account that is beyond the legal limit for collection in my State of ______.

Please consider this as notification to you that the account as reported is invalid, and that the (name of agency) has been properly notified of that fact.

Please notify me, in writing, of any continued collection activity on their part, including any verification, resubmission or reinsertion after your reinvestigation and deletion of this item.

Sincerely,

«Signature»

«Your Name

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STATUTES OF LIMITATION +
State SOLS and statutes, mostly accurate with the exception of Ohio and RI, additional useful data

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