I had an erronious collection on my report from all 3 CRA's. Ability Recovery Services. The OG being Wachovia bank. I disputed it with all 3 and it was deleted by EQ and TU. Experian let it remain. They said they verified the debt with Ability Recovery Services. I obtained documents from Wells Fargo (they took over Wachovia) that stated I closed the account with a ZERO balance. I then sent this documentation directly to Experian, and they still refused to delete it. i then sent them a statement from the bank showing that the account remained active with purchase/deposit activity for 2 months after the account was said to have been placed for collection. Despite all this Experian refused to delete the collection. What do I do now? Does anyone have any advice?
Collect all your documentation and then send an ITS letter to them. If they don't correct, follow up with it.
When a dispute if filed with t CRA, they forward a copy to the furnisher of the disputed information.
That party must then conduct a reasonable investigation, and accurately report their finding to the CRA.
The CRA is not a court, and is not in a position to evaluate factual assertions of both sides, and award a finding of fact.
They have assurance from the furnisher that they have conducted a resonable investigation, and that they have sufficienct documentation to find that their reporting is accurate. Based on the facts asserted, it appears that either they did not conduct a resonable investigation, or that they verified the accuracy contrary to the results of their investigation. To compel them to provide the facts requires legal action, as the CRAs cant compel them to prove their verification.
I would try to obtain a written statement from the creditor that the debt was satisfied and that they have not assinged or sold the asserted debt to the debt collector.
That would remove any issue of authority of the debt collector to now attempt to collect on the "debt," and place directly in question the reasonableness of any investigation they made of the prior dispute. An almost slam-dunk win at trial. Failure to have conducted a resonable investigation that supports their verification of accuracy is also actionable as a willful violation of the FCRA.
You can send a notice of intent to sue if you dont really wish to pursue legal action, but that wont proivde ability to seek damages for willful violation of the FCRA if they simply fold. You can simply initiate civil action, seeking deletion of their reporting and damages for willful violation of the FCRA.
Personally, I would file in small claims court for deltion of inaccurate reporting, and willful verification of your dispute without supporting basis.
You may be able to get in touch with your state's AG office and get further guidance if all else fails.