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Old 02-25-2007, 10:19 PM
SossMan SossMan is offline
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Join Date: Apr 2003
Location: Motorboatin\' Sonofabitch
Posts: 7,827
Default Re: Ask me anything about your Credit Score

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How do you ultimately resolve a charge that you dispute and that the other party will not remove that is on your credit report and hurting your score?

Sue? For what? The amount is about $1600. Can I do this myself in small claims?

eastbay

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If you file a claim with the credit bureaus via www.annualcreditreport.com , the other party will be required to prove that the collection is valid. If they fail to do this, the account is automatically removed. If you have proof that it has been resolved (from them or from your records) a credit pulling company can take it up with the bureaus.


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It's not that simple.

The issue is a recurring gym membership charge which was canceled six years ago. I kept it for a year or two, but have moved twice and cannot produce written proof of the cancellation. They have collected no money from me in that time. They have not once contacted me ever in that time, either, despite having a valid phone number the entire time.

I do not believe that it is reasonable for a consumer to retain written records of all canceled subscriptions in writing for the rest of their lives to defend against these bogus claims, or be held liable. Nor is it enforceable under CA law to collect gym fees if you move more than 25 miles away and there is no branch at your new residence, which is the case here. So I believe the law is on my side even if legally I am supposed to keep the written cancellation notice indefinitely (which would be absurd).

So they claim it's valid. I know it isn't. Now what?

eastbay


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I would call them and keep asking to speak with supervisors until it's resolved. Try to get to a decision maker. Quote the CA law to them and go from there. From a credit standpoint, I'm not really sure what else you can do.
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