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New Collection Account Showed up, want it gone, never ever ever ever going to pay a cent of it

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Anonymous
Not applicable

New Collection Account Showed up, want it gone, never ever ever ever going to pay a cent of it

So i get a collection added to my account. where they claim i was 1st delinquent in May 2008, so I called em up and they said. oh you were terminated from AT&T Celluar service for non payent in may 2008, I said "Guess again" never had service with them and on a side note they are not in a coverage area I have lived in for over 4  years. He said well mabye they bought out your previous provider, I said, "guess again" i have had this same phone  that I have now since November 2007. So he said it was from my previous address in Alasaka. It was Cellular One who I currently have phone service with. Aparrantly when I moved back down to the lower 48 and had my phone in AK disconnected and hooked back up down here they never terminated my plan in Alaska even t hough I was under no contract and contacted them to do so. So they let my phone bill from November - May 2008 rack up a charge of over 1000.00 then disconnected it for non payment in May 2008, 7 months after I ever made a phone call on their service. I have statements from Celluar One showing where I have been a customer since November of 2008 until present. So, I called AT&T who apparrently bought out Cellular One in Alaksa, and they cant tell me anything about the account. Collection agency is adamant that I pay it but I dont care if credit score goes negative, I'll never pay that, they didnt disconnect my phone when I asked them to, never mentioned it until they were sold out to AT&T then AT&T just sent it to a CA without knowing anythign about  the account, I told AT&T if they can prove that I used that phone for 1 second during the time they are claiming, I would pay them double. They can't. I could dispute and hope for the best but I think Im going to have to go to the Police Department and fill out a fraud report.   What is the best route to take here. I am not giving the CA a cent ever but I will spend double the amount they want to get if off my report.

 

On a side note ive been told that the old Celluar One in AK is/was not the same Celluar One as down here and that they have/had no affiliation with each other other than brand name... Whatever that means.

Message 1 of 9
8 REPLIES 8
Anonymous
Not applicable

Re: New Collection Account Showed up, want it gone, never ever ever ever going to pay a cent of it

Search for DV letter & have fun!

Message 2 of 9
Anonymous
Not applicable

Re: New Collection Account Showed up, want it gone, never ever ever ever going to pay a cent of it

Never heard of a DV. This CA has only answered the phone once in many many many tries. Thanks for the info and yeah, sounds like a ton of fun. They went ahead and bumped up the amonut by 2.00 today for some reason or another also, guess that is an answering the phone fee. 

Message 3 of 9
Anonymous
Not applicable

Re: New Collection Account Showed up, want it gone, never ever ever ever going to pay a cent of it

DV letters explained http://ficoforums.myfico.com/t5/General-Credit-Topics/DV-Letter/m-p/102397 aka Stop Calling Me Letter Smiley Wink

Message 4 of 9
Anonymous
Not applicable

Re: New Collection Account Showed up, want it gone, never ever ever ever going to pay a cent of it

"never ever ever ever going to pay a cent of it"

 

But are you sure?

 

DV is the way to go.  The way I understand it, they are not required to ever respond to your DV, however, they can't continue to contact you until they do.  However, it will stay on your report until they choose to notify the CRAs to remove it, or until 7 1/2 years after the DOFD (date of first delinquency), which in your case sounds like approximately November 2007.  So you'll just have to wait until May of 2014.

 

 

 

Message 5 of 9
RobertEG
Legendary Contributor

Re: New Collection Account Showed up, want it gone, never ever ever ever going to pay a cent of it

Sure, you can DV.  But DV under the FDCPA is not directed at credit reporting.  I would not rely simply on the toothless DV process under the FDCPA.  You need to switch focus over to the FCRA, which deals with credit reporting.

 

I would file a dispute with the CRA under FCRA 611(a)(1), disputing the accuracy of the reportring by the named collection agency.

That requries the CRA to contact the CA and obtain verifiation of the information they have posted, and report their findings back to you within 30-days of your date of disptue.  Since you have such a muddled OC account history preceding the CA, I suggest a very complete dispute letter.  Sample:

 

"This is a dispute under FCRA 611(a)(1) of the completeness and accuracy of information currently posted in my credit file, and a request that you investigate this, and report the results back to me within 30-days.

"The disputed information is the reporting by a debt colletor, (identifying information on the CA and the CA account).

They have reported collection of a debt that allegedly arose as follows:

      (give brief outline of what happened)

"I dispute any obligation for this debt, and request immediate deletion from you credit file and credit reports.

"I request, under the provisions of FCRA 611(a)(2)(A) and (B) that you forward all information that I have provided to you to the collection agency within five days of the date of this dispute.

"To that end, in order to ensure full compliance with FCRA 611(a)(2)(B), I additionally request, under FCRA 611(a)(6)(B)(iii), that any response to this dispute include a full "description of the procedure used to determne the accuracy and completness of the information."  That specifically includes disclosure of who this dispute was sent to, what information was, or was not, forwarded, and any truncated or coded summary of this dispute  transmitted via your automated E-Oscar automated proces in making your referral."

Message 6 of 9
Anonymous
Not applicable

Re: New Collection Account Showed up, want it gone, never ever ever ever going to pay a cent of it

The CA doesnt know how to contact me. I contacted them because I had no idea I owed anybody anything. and I got an email alert informing me some collection agency wanted 1000 from me.

Message 7 of 9
Anonymous
Not applicable

Re: New Collection Account Showed up, want it gone, never ever ever ever going to pay a cent of it

Update, they keep increasing the balance a dollar or two every week on my Credit report, is this even legal?

Message 8 of 9
Anonymous
Not applicable

Re: New Collection Account Showed up, want it gone, never ever ever ever going to pay a cent of it

Im also a little confused as to How they actually put this on my CR. its a 3 year old debt to a company i have never done business with and reading the Fair Debt collection act, they never contacted me in any way, if I didnt have score watch, I would never known, My contact info is on my credit report so they have no reason to not contact me. Im super POed about this. This is a guilty until proven innocent situation. Can just  any CA put whatever they want on your credit report, are there no checks and balances? All cingular will tell me is they have no record of the account but did sell it to a CA.

Message 9 of 9
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