Question:
I have been disputing a collection claim with a collection agency for
almost a year now. I applied for a home loan and was told I must
settle the claim with the collection agency in order to be approved.
At that point, I ran my credit etc and discovered the collection
agency's claim against me didn't include the fact that the claim was
in dispute, but I have several mail receipts clearly indicating the
dispute and it's timeframe. I believe the collection agency, when
filing against me, must indicate that the claim is in dispute.
Do I have any recourse against the collection agency for not including
the dispute information in their claim?
If so, do I have to prove actual damages?
Answer:
Have you asked your mortgage company if it would make a difference?
It is very likely that even with a notation that the item is in
dispute the mortgage company will still require payment of the
disputed item.
I know that my mortgage company requested payment of a disputed item
that was properly marked disputed on my credit report.
You may need to tackle the underlying debts validity in small claims
to repair your credit and then provide the judgment in your favor to
the CRA. This has worked for me on one occassion.
