Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
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The collection agencies claim that they are allowed to access your credit report since they purchased all of the rights from the original creditor. I have never seen that challenged in court but my belief is that a court will not agree with them and particularly when it is a debt that is so old.
how do I get them off my credit report?
You can send a letter to the credit reporting agency and explain that you didn't authorize them to access your report and that you want it removed and the score changed to reflect that. Send the letter by certified mail, return receipt requested.
However, if they don't remove it then your only avenue is to sue the credit reporting agency and the collection agency.
do I need to consult an attorney and have them send a letter?
It would certainly be more likely to have results if the letter comes from an attorney.
Also, is DRS liable for $1,000 in harassment/etc. violations?
As I said, I have never seen this issue litigated but I believe they would be liable for the statutory penalties as well as attorney's fees and costs.
I will notify the credit agency to have DRS removed but should this not work - will having a letter from an attorney sent to the credit bureau and DRS completely resolve this?
If you write a letter and it doesn't work and then an attorney writes a letter it is very very unlikely it will work. If the attorney writes the first letter it is more likely to work.
You previously wrote to send a certified, Return Receipt letter to the credit agency and ask them to remove DRS - and if that does not work - I should have a letter sent from an attorney - I am confused now - as you are saying to just go ahead and have a letter sent from an attorney first - is this correct?
Yes, I had an other sentence in there that somehow got cut. It should have said if you weren't going to hire a lawyer send the letter by certified mail, rrr.
I guess I am confused in what you are saying - if I send a letter on my own and it does not have results - then getting an attorney would not work? So should I just contact an attorney first and have a letter sent to both the credit agency and DSR?
Yes, have an attorney do it. For some reason if a client sends a letter first and the company takes a position then they aren't likely to change it when an attorney steps in. If the lawyer send the letter first then the company isn't forced to retract their position and change it just because a lawyer wrote.
Final question - so you don't feel contacting the credit agency - Equifax - and see if they will remove DRS inquiry and getting a lawyer to contact DRS with a lawsuit is the way to go or just go with an attorney on both right from the start
Go with an attorney right from the start. Everything the attorney sends will be written in a way that it can be used as evidence if you have to sue. In addition, your chances increase dramatically if you use an attorney.
OK, thank you - appreciate your time and knowledge - I will go with an attorney.
You're very welcome!
Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.
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