Getting a collector to realize therir claims are incorrect?!?

What is the name of your state? Florida

This is kind of long, but i believe all the info is relevant.

A couple of years ago, , I bought 2 side boxes for my toolbox. I financed them through MAC Tools. I had an account with MAC tools and had to pay weekly when the tool truck came by. My contract said I was to pay the tool company representative every week when he came by the shop. Well over the course of time I paid off the boxes, and I even paid them off early. Being that I paid the tool truck guy mostly in cash, I kept all the receipts, and besides that, I really didn't trust him. The tool guy quit his job shortly after I paid off the balance.

In Jan of 2000 I applied to be pre-approved for a home loan. I was declined mostly because my credit report showed a charged off account from MAC Tools, and a collections company called S & P Capital Investments...both on the same account. When I found out this, I knew exactly what had happened,...the tool guy didn't turn in all the money I gave him.
I called MAC tools and found out that they had my incorrect address, and that's why I never received the notices that they were trying to reclaim this money, so they charged off and sold the account to S&P Capital Investments for collections. So I sent copies of my receipts proving I paid the tool guy the money I owed to Mac tools, and they removed the incorrect info from my credit report.

I also contacted S & P Capital Investments during this time, and had little success talking to them. They were only interested in getting me to pay this incorrect balance, and had little time for my story. I sent them the same receipt copies I sent to MAC Tools, and disputed the info on the credit file. It took some persistence , but I got the info removed from my credit file.

Because of all of this, I began monitoring my credit file and in May of 2001, I received a letter from a company called "The Dart Group" requesting I pay the balance on this account. It seems that S & P Capital Investments sold the account they couldn't get me to pay to the dart group. I sent them a letter and basically I told them that the account they were trying to recover from me was fraudulent, and I refused to pay them. I never heard from them again.

I thought I had them beat. Shortly after that I again had a listing on my credit report, from S & P Capital Investments saying I owe them this money. I once again disputed the credit info, and it was removed.

Then in September of this year, I received yet another letter from another collections agency called Berks Credit & Collections Inc. trying to get me to pay this money. So I sent them a letter similar to the one I sent the Dart group explaining the situation I haven't heard from them since I sent this letter.

Today, I decided to check my credit report and low and behold, S & P Capital Investments is on my credit report again. AND I'M FED UP WITH THIS!!!!!!! The original balance they wanted was around $750.00 now it's over $1000.00.

What do you think I should do? Should I get a lawyer to write them a letter, demanding they cease all actions towards me? Should I take them to court? I looked into small claims court, but they said this wasn't the kind of case that small claims court would handle. I really don't know what else to do, I'm prepared to go to court if I have to, I'll do anything to get this off my credit report forever.

Thanks for any advice you have
Chris

[Ladynred]

Did you get anything in WRITING from MAC Tools confirming that the account was, in fact, paid ??

If you didn't then you should have and if not, then I'd try contacting them again and getting something from them in writing that you can send to these idiots at the CA. If you have something in writing from MAC confirming the account was paid in full, then you need to send that along with a stern Cease and Desist letter to this CA.

I, personally, would add to the letter something that states that if they don't stop collection actions and remove the entries from your credit report or if they re-add the entries to your credit report that you will sue them, then be prepared to do so if they violate. I don't know why small claims wouldn't handle this unless the amount is larger than what your state allows in small claims court. Otherwise, you CAN sue the CA for violations of the FCRA in small claims court. You can also file complaints with your State Attorney General's office and the FTC.

Thanks for the advice. I didn't recieve something in writing, but I didn't ask either. I will.
Also what does "FCRA" stand for?
Thanks again!
~Chris

[bigun]

Were I you, I think I'd give the orginal creditor one more shot. Write a letter CRRR and inform them of the problem. Remind them that under the FDCPA {Fair Debt Collection Pratices Act} that they are responsible for the conduct of their 3rd party collectors. I'd send another letter to the latest collection agence with copies of your receipt informing them they are pursuing a debt that they have no reason to collect in violation of the FDCPA. Again, send it CRRR.
I'd send a copy of each letter to your states AG asking for assisatnce. Finally, file a complaint online with the FTC at [url]www.ftc.gov[/url] and while there, read about your rights under the FDCPA.