Credit Report Problems :( (NOT SPAM)

[alexis524]

I don't think that he is dealing with collection agencies based on his post.

derp.

you're right. Sorry. I just got all giddy about this thread and took it to another level. Thanks for steering me back on topic. To the TC, make sure to get whatever
admissions from your creditors in the form of a letter on their letterhead, with your name, account number, and the wording of paid in full and zero balance. Take that to the credit bureaus to put a stop to any incorrect information reporting.

[marurun]

Regardless, the original creditors (i.e., the credit card companies, the student loan lender, etc.) are the ones that did the credit reporting; so, those are the ones you should talk to to clean up your credit, much like you cleaned up the first problem with your student loan accout here:

I believe collection agencies report to credit bureaus as well, so he does indeed have issues with the collection agency. It is important, when checking the credit report, to note exactly which institution or company is affiliated with the exact entry.

Moreover - and in my experience - you will get a positive result much faster (and with much less hassle) if you contact them over the telephone.

I dunno. This sounds like handing yourself directly over to the wolves. I agree with the sending a certified letter requesting proof of debt, first. If you're going to deal with a collection agency, an industry known for skeevy practices, it's best to have as much documentation on your side as possible. The collection industry is known for lying to those they go after and making threats.

Finally, depositing the check or money order and continuing to pursue a collection action might violate state common law contract principles, but to my knowledge, it certainly would not consitute any sort of federal crime.

US Postal Money Orders carry special federal protections. A contract violation with a US Postal Money Order involved can indeed by a federal violation in that is can be considered mail fraud. So if they agree to accept $x to clear your debt with them, and you send them $x with a US Post MO, and they decide to continue to hassle you anyway, they are now in trouble with the US Post for mail fraud because they cashed the MO under an agreement that they then violated.

[prfsnl_gmr]

Moreover - and in my experience - you will get a positive result much faster (and with much less hassle) if you contact them over the telephone.

I dunno. This sounds like handing yourself directly over to the wolves. I agree with the sending a certified letter requesting proof of debt, first. If you're going to deal with a collection agency, an industry known for skeevy practices, it's best to have as much documentation on your side as possible. The collection industry is known for lying to those they go after and making threats.

Resolving a credit-reporting issue through correspondence might take months, and these sort of issues can often be resolved very quickly over the telephone. Moreover, companies typically anticipate litigation when they receive a certified letter requesting a proof of a debt, and as a result, they are much less likely to make changes or admit any type of mistake or wrongdoing. Accordingly - and in my experience resolving these sort of issues - you generally get better results with a friendly telephone call than you do with a threatening letter.

Nonetheless, you should take meticulous notes of any communications with a creditor or collection agency (i.e., date and time of call, name of employee contacted, summary of discussion, etc.). Having these notes will come in very handy if you later have to consult with an attorney to resolve a dispute related to an account.

US Postal Money Orders carry special federal protections. A contract violation with a US Postal Money Order involved can indeed by a federal violation in that is can be considered mail fraud. So if they agree to accept $x to clear your debt with them, and you send them $x with a US Post MO, and they decide to continue to hassle you anyway, they are now in trouble with the US Post for mail fraud because they cashed the MO under an agreement that they then violated.

That is not correct. "Breach of contract" and "fraud" are entirely different concepts, and proof of one is completely different from proof of another. Moreover, the use of a US Postal Money Order for a transaction does not magically confer federal jurisdiction over a breach of contract claim nor does it transform a simple breach of contract into a federal offense. Finally, writing, "I am sending you this money order because we have a contract. Don't violate it!" on a money order will not save a contract that fails because it violates various state statutes of frauds (i.e., the statutes requiring that certain contracts be memorialized in a writing signed by the party to be charged) nor will it save s contracts that fails for indefiniteness (i.e., most oral contracts).

I am writing this because I often see people try to use these self-help, "approved by people on the internet who don't really know what they're talking about" legal strategies in very serious situations (i.e., when they are in danger of losing their homes, losing their children, ruining their credit, losing their life savings, etc.). These strategies are often too clever by half, and these people often end up much, much worse off than they would have been if they simply consulted with an attorney. This makes me sad; so, I try to combat this sort of misinformation whenever I find it.