***IMPORTANT INFO*** For the best results we definitely recommend sending all letters that you are using below via “CERTIFIED MAIL” With a return receipt requested. it is imperative that you have the document time of when it was received.
This part was extremely important because we’re going to need to prove that the collection agencies, credit bureaus and creditors failed to properly investigate and or mark your account as disputed within that 30 day timeframe required by law.
The time starts ticking as soon as they sign for your letter and you will have a receipt of when they sign for it as well.
This part was extremely important because we’re going to need to prove that the collection agencies, credit bureaus and creditors failed to properly investigate and or mark your account as disputed within that 30 day timeframe required by law.
The time starts ticking as soon as they sign for your letter and you will have a receipt of when they sign for it as well.
ON DAY 31 (31 calendar days after they signed for the letter) I’m going to have you print out a new copy of your credit reports and they will be time and date stamped as well. This will provide you with as much proof of whether they actually marked the item “DISPUTED” As required by law. If they do it after that 30 day mark you now have leverage on them that they have violated the FCRA and FDCPA.
PLEASE PAY ATTENTION HERE:
We have made notes and things like” your name here” and other notes so make sure you proofread the letters and see that you’ve made all the necessary edits where your own personal information is required on the letter.
According to the law, the burden of proof is on the credit bureau and or the furniture of the information “NOT YOU” what that means for you is that you’re allowed to challenge any item that you believe is unverifiable or in accurate. However if you do know and concede that an item is 100% yours, there are other ways to go after and remove it instead of claiming it doesn’t belong to you. So in a case like that we can challenge the information based on some of the following potential errors that you may believe or occurring.
- Incorrect information
- Missing information
- Incorrect balance
- Incorrect credit limit
- “Status“ incorrect
- High balance is lower than old balance
- Incorrect high balance
- Late pays after an account was closed
- Account number in accurate (sometimes it would include X’s or Asterix instead of the full number. This is a huge one that will talk about a little later)
- Invalid furnisher
- Account type in accurate
- Date of last activity incorrect(remember the seven year clock starts on the last payment you made and no one is allowed to “re-age” The item to start the clock over. Even paying off a collection does not reset the last payment date.
- Date of last update incorrect
- Date reported in accurate
- Collection account listed with a limit, but a collection cannot have a limit.
- Charge-off listed as “Open” or collection
The sample letter templates below are basically for accounts that you claim are not yours, but you are free to change them to the situation that applies to you the most, using one or more of the above issues.
Lastly, some of the common replies you’re going to get from the letters you send in Step 1 are - the creditor or collection agency may reply with a whole bunch of stuff, you really don’t understand how many times it isn't even legal or true (such as saying they don’t even need to give you proof of anything). Bull crap, these are stall tactics and typically just continue with the next letter.
They say “VERIFIED” or proof and show you an itemized print out of what they claim is your account or billing statement.
MAIL RETURNED UNDELIVERABLE?
If you mailed your letter to the address of the creditor/collector that is listed on your credit report and it comes back returned, that means they are reporting in accurate data because they provide you with a false address to actually reach them on your credit report. From here make a copy of the returned mail and send it to the credit bureau’s as proof and “request removal” immediately.
Step 1 - First Letter
This is the letter that you are going to send to the agency(ies) that reported the incorrect unfair obsolete derogatory info to the credit bureaus.
This is the letter that you are going to send to the agency(ies) that reported the incorrect unfair obsolete derogatory info to the credit bureaus.
Step 1 - 2nd Letter (A)
This is the letter you will send if you receive a letter back from the collection agency/creditor if they tell you your account was verified as accurate.
This is the letter you will send if you receive a letter back from the collection agency/creditor if they tell you your account was verified as accurate.
Step 1 - 2nd Letter (B)
This letter is the one you will send if you *DO NOT* hear back from the collection agency or creditor on the first letter you sent out.
This letter is the one you will send if you *DO NOT* hear back from the collection agency or creditor on the first letter you sent out.
Step 1 - 3rd Letter
This is the letter that you send out to the collection/credit agency when they respond with what they consider “proof” that your original signature and obligation to pay. You cannot send this before day 30 from then. Check your credit report and see if the agency has marked the account as “disputed.” If they have not marked it as disputed in the comment section on your credit report, then send the letter below. However if it is marked as “disputed,” proceed with sending the Step 1 - 4th letter.
This is the letter that you send out to the collection/credit agency when they respond with what they consider “proof” that your original signature and obligation to pay. You cannot send this before day 30 from then. Check your credit report and see if the agency has marked the account as “disputed.” If they have not marked it as disputed in the comment section on your credit report, then send the letter below. However if it is marked as “disputed,” proceed with sending the Step 1 - 4th letter.
Step 1 - 4th Letter
Send this letter if you have not heard back from the creditor or agency OR they continue to say it is verified without sufficient proof. Only use this letter if you have taken action in small claims court. It’s completely up to you if you want to go that route.
You can skip ahead if you want to skip ahead and go to STEP 2 - Letter 1 in lieu of filing small claims lawsuit.
Send this letter if you have not heard back from the creditor or agency OR they continue to say it is verified without sufficient proof. Only use this letter if you have taken action in small claims court. It’s completely up to you if you want to go that route.
You can skip ahead if you want to skip ahead and go to STEP 2 - Letter 1 in lieu of filing small claims lawsuit.
PART 2
Letters To the Credit Bureaus
Here is where we are contacting the credit bureau directly. The focus is on something called “method of verification” we’re going to start by disputing the inaccurate, unverifiable or unfair item as per FCRA section 611 (a) (1)(A)
If you get a response to your challenge/dispute from the credit reporting agencies saying the disputed item was actually “VERIFIED “ Do you have the right to request“ method of verification” under the FCRA, section 611 (a) (6) and (7) The credit reporting agency must give you the method of verification information within 15 days of your request.
This is something they typically cannot do, because they don’t actually speak to anyone in order to get the verification. Remember when we mentioned this before, it’s an automated system through our computer and computers make errors. So a third-party database was likely used to “VERIFY” The disputed item automatically, which is insufficient.
So what we would do then is actually request evidence such as the name, address and telephone number of anyone from the original creditor they’ve contacted, and escalated from there.
So what we would do then is actually request evidence such as the name, address and telephone number of anyone from the original creditor they’ve contacted, and escalated from there.
Tip: if one bureau actually removes an item/ Derogatory and the others don’t, you can send those to the credit bureau’s as evidence that they need to remove the derogatory item in question.
STEP 2 - 1st Letter
I want you to use this as the first letter to dispute or challenge with the credit bureaus directly. We recommend sending these only if you have not had success with step 1 letters to the creditors or if you are trying to dispute a public record.
I want you to use this as the first letter to dispute or challenge with the credit bureaus directly. We recommend sending these only if you have not had success with step 1 letters to the creditors or if you are trying to dispute a public record.
Step 2 - 2nd Letter(A)
This is the letter you send if you receive a letter back saying the account was “verified” as accurate from the credit bureaus.
Step 2 - 2nd Letter (B)
This is the letter to send to the credit bureau that you will send ONLY if you got no response at all back from Step 2, Letter 1.
Step 2 - 3rd Letter
This is the letter to send if you have not heard back from the credit bureau at all or if they keep coming back and saying verified without sufficient proof. This letter is for when you are ready to take legal action. You do have the right to skip ahead to the wacky letter in lieu of legal action if you so choose.
This is the letter to send if you have not heard back from the credit bureau at all or if they keep coming back and saying verified without sufficient proof. This letter is for when you are ready to take legal action. You do have the right to skip ahead to the wacky letter in lieu of legal action if you so choose.
WACKY LETTER
The purpose of this letter is to throw off the e-oscar system and actually have a human potentially review the letter as opposed to a sophisticated computer system. There is no rhyme or reason to this but sometimes it works and sometimes it does not but it is certainly a great strategy to try if you are having issues with the other letters above as this can throw off the system and potentially get a negative removed.
The purpose of this letter is to throw off the e-oscar system and actually have a human potentially review the letter as opposed to a sophisticated computer system. There is no rhyme or reason to this but sometimes it works and sometimes it does not but it is certainly a great strategy to try if you are having issues with the other letters above as this can throw off the system and potentially get a negative removed.