Tricky: CA report account as "open" instead of a collection acct

[Anonymous]

So has anyone had any success with disputing the alledged "open" account with any of the bureaus? I am still trying to figure out what to do about this.  Palisades has reported this AT&T account as theirs, open account, and as 120 plus days past due. 

How should I attack this?  It is not listed under collection accounts with Equifax, it is listed under active, open accounts on my report.

Should I DV first, then dispute with CRA's, and then???

If I knew it would go away forever, I would be willing to do a PFD.  But it sounds like Palisades is too stupid to accept that approach and would rather get nothing just so they can harrass people for up to seven years.

They don't even have their dates on any of the bureaus correct. 

[bott6698]

Thanks for this post. I just noticed what else is hurting me on UTL because of this kind of crap. I actually have a electric utility company reporting as a revolving account and $789 balance never paid. That can't help freaking idiots. Since when is a utility revolving??

Thanks for letting me vent lol

[akaniks]

I had this happen to me as well, but with NCO. It was reporting on TU and EX as a collection but on EQ it was open and 120 days late. I sent a DV in early December and received a letter back from NCO the same month letting me know that it was closed and would be deleted from my reports. In early January it dropped from EX and TU but is STILL on my EQ report. It was last reported to my report in December, so it's no longer reporting as late each month as it was before but I am seriously frustrated it is still there! I called NCO and they said it should have been removed by now so I have now disputed it with EQ and am waiting for the results. I'm sure, as usual, they will take their sweet time and use up the full 30 days.

[Anonymous]

You are lucky they removed.  I've tried getting validation - now I'm notifying all 3 bureaus of lawsuits pending for reporting inaccurate info - I've disputed before but nothing EVER changes!  They have OPEN, not collection on one, and one they will not remove even though they've received proof from an old report...let's hope now that I've gotten bamf70 help - I'll win!!!

[intookst]

Hello. I am curious about the sueing you are trying to do...did you hire an attrny? I have an old elec bill from 1993 in Az that was charged off in 93,They have reposted it as an installment acct  (since when was a utility an inst) 90 days late with DOLA as 09-07. So I was late 09,10,11 kind of hard since I live in TX!! They have not reported Jan. I sent dispute letters to all 3 EX& TU deleted but EQ says under reinvestigation. I called elec co and they said they sold it in 93 and could not find a # for CA. This has destroyed my score right now and was a big factor in a loan being denied. This is a 15 yr old debt....I have since sent a DV CLRRR to the OC giving them 15 days to delete. Also filed with the FTC and got a generated letter with all the statutes yada yada no help.....It is stated to fall off 2014 which would make it almost 21 yrs since they charged it off... It is making me crazy since it should not be there anyway..so if you could let me know your process I would appreciate it.

[Anonymous]

So are CA not allowed to report a collection account as an open account? I have this a few times on my report and I konw a few others who do too.

[Anonymous]

I have a TXU bill for around $692 that back in 2006 on my past credit report has Coll Account and now in 2008 it says open current pays as agreed. I think this will stay on forever since it says open current. I'm afraid if I do anything and they validate it, it will become current and past due collection act. This is there way of changing to make it stay on my report. Is this what everyone is having problems with. I live in TX too.

[Anonymous]

Thanks to help from Bamf70 I have prepared small suits against EQ and EX for this, and am going after the JDB as soon as I close on my house...lender told me to hold off

but I have the documents needed for conciliation court $7500/per and I figure I have nothing to lose but $55 and a day in court...??

I hope others will chime in on whether or not they've had success in this area, you are right it will stay on FOREVER because they keep changing it and the bureaus don't seem to have to be held accountable.

I'm fine with bombarding the FTC and AG with complaints on this!

[Karma2678]

For case law, search on Martinez Vs Albuquerque collections.

the specific violations are of the FDCPA:

#1. CA violated 15 USC 1692e(2)(A) by falsely
characterizing the account as an "open"
account.

#2. CA violated 15 USC 1692e(8) by communicating
credit information which is known or which should be
known to be false, by reporting the account as an
"open" account.

#3. CA violated 15 USC 1692e(10) by using any false
representation or deceptive means to collect or
attempt to collect any debt by reporting the account
as an "open" account.

#4. CA violated 15 USC 1692e(12) by alleging that
the account was an "open" account resulting in
the false representation or implication that accounts
have been turned over to innocent purchasers for
value.

#5. CA violated 15 USC 1692f by using unfair or
unconscionable means to collect or attempt to collect
any debt by reporting the account as an "open"
acount to deceive current and potential creditors and
to negatively impact my credit scores.


If they verfied with the CRA and did not provide proper validation, it is a violation of FCRA section 623(b)

[Karma2678]

Also, it's the CA who is at fault in these cases.  It is wrong for the CA that bought your closed/Charged Off/Installment account to report it as open once they bought it.

It is not an installment type account, it is a collection.  It's statas cannot be open, as it implies that a credit line has been extended to you.  It cannot be listed as a charge off, as there is no account stated.  Or in other words, you have no agreement establishing the account with the collection agency.

The OC on the other hand could have reported as all of the above, except for a status of open.  Once the account charges off, the OC closes the account (no further extension of credit).

The CA is who is at fault if they've verified the information as correct.  DV the CA.  Then once CA receives the dispute (you receive the green card back) dispute with the CRA.  If they verify the dispute with the CRA, without providing proof of the debt, then the CA has violated the FCRA 623 (b) by providing information they know or should have known to be false.

Hope this helps!