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I am trying to remove a collection account that should be a slam dunk. I sent the CA a DV letter and they answered my request with a demand for payment along with an unsigned amended contract. We agreed to pay $9,000 for a job and signed a contract and paid the amount in full. The final job ended up costing more and we disputed the final price. It has been over 4 years since we made the final payment almost 4 years since the job was done. California's SOL is 4 years for a written contract and 2 years for an oral agreement. We have a collection on our CRA's for around $1,000 which is the difference of what we paid and what they say we owe. I sent a demand for delete within 30 days of the receipt of the letter based on the fact that their is no signed contract for the extra amount of the job. I sent it CMRRR and got the green card back on 11/24/2010. What should I send after the 30 days is up? Should I just file a small claims action or send and ITS letter first? I would sue for the $1500 X'2 (based on both of our CR's showing the neg) based on the FCRA for the CA reporting inaccurate information.
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I would ask for full validation from the CA which of course they won't be able to provide if they have no contract for the $1,000. They may or may not have your contract for the $9k. Does that contract have any information on it stating the actual cost for the job can be within a certain percentage of the contract? In any case, if CA can't give you full validation by regurgitating a contract then it should be removed and I would definitely dispute with CRA again and if they still don't remove it, I would ask for the PR and submit info about your validation request with CA and whether they responded or not along with whether their validation was even real. |
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