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6 years ago, an ex defaulted on a auto loan. I co-signed, but when the loan went bad, I never received any notification as required by the Fair Credit Reporting Act, including notice that payment was due, notice of sale of the vehicle, etc, etc. T he loan was charged off - then sold to a collector. Last summer, that company contacted me to try to get me to pay up (20k). I obtained a laywer to determine if my rights were being violated. After 6-7 letters from my attorney to this company, they never responded with any type of documentation. They were given at least 45 days. What do I do now? Now another company has bought it.
First send copies of all correspondance from attorney to the new collection agency disputing the debt. Then pull a copy of your credit bureaus from all 3 major credit companies. Experian, Equifax, & TransUnion- you can do this at www.annualcreditreport.com. This is free once a year as long as you don't need your score. (They do charge for the scores if you want them). Next write a letter to each credit bureau disputing all charges related to this debt- it may show several times if numerous collection agencies have owned the debt. Send copies of atty. correspondence with disputes. On the dispute letters you must list your name, address, social security #, report # of credit bureau, & date of birth, as well as the reason for dispute. Credit bureaus must by federal law respond back to you- usually within 45 days giving you the final resolution- deleted, verified as accurate etc. Regardless of what the resolution is this will come off your credit after 7.5 years anyway. Does teach a lesson about co-signing doesn't it! The address for credit disputes are: Equifax Consumer Disputes P.O. Box 105873 Atlanta, mississippi 30348-5873 Experian Consumer Relations 701 Experian Pkwy Allen, TX. 75013 Trans Union P.O. Box 2000 Chester, mississippi 19022 You can also dispute on line but then they don't have copies of your documentation. Keep in mind with the statue of limitations coming closer they may try to sue you before the 7.5 years is up. Dispute immediately with the new collection agency! Good luck!
First I would dispute it with the three credit reporting companies.. Then you have 2 options either pay the debt and make it go away or never pay it and it will follow you forever. Since you did co sign for the debt you are technically liable for the debt. The good news is that if it has been sometime you can settle this for pennies on the dollar. Take what ever amount you originally signed for and offer them 10% of that as settlement in full. Under no circumstances do you ever give them access to your checking account or a postdated check and any agreement that you make with them MUST be in writing or you don't pay. The 20 grand number is just a bunch of gotcha fees and BS that they throw in there to try to scare you into paying. Stand your ground be firm and understand that you are dealing with scum if their mouth is moving then they are ling. My best advise is to pay them off and make it go away
No, they blew smoke up your butt. They are not required to report ANYTHING to your credit report...that is how much of a lie that was. It is, however, a violation of their contract with the credit bureaus to remove valid debt information...but it has nothing to do with the Fair Credit Reporting act. It is PURELY up to the creditor, on what to report vs not report. However, most do follow the letter of the contract.
Send them copies of all the letters from your attorney. But you will probably fight this battle until the debt is settled.