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Trying to clear up a debt on my credit report that is not mine, with proof/

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Anonymous
Not applicable

Trying to clear up a debt on my credit report that is not mine, with proof/

For some reason, I have a debt of $1355 on my credit report from Starion Energy which is currently attempting to be collected by Eastern Account Systems.  The only problem is, that debt belongs to my Fiance and I have the emails and bills to prove it.   Due to this, I put in a dispute with Experian (again) with the scans of these documents and it is currently pending (for 2 weeks, yes, I know it takes time), but I am trying to get a mortgage and cannot have an active dispute for an FHA mortgage so I decided to call the collection company directly to see if they could expedite it at all.  The company was very nice and understanding and said they would contact Starion with the documents I also sent them to verify the information.  This was over a week ago.  The first conversation, the rep told me she would forward it right away and get back to me that night or the following morning at the absolute latest, but I never got a response.  I then called that evening and was told they were still waiting on a response, they would call me back the next day.  Next day comes and goes, the following day, I called again to see if there was a response to no avail.  Today I called again and apparently they are having trouble getting in contact with the original creditor.  I am awaiting yet another call back from them tonight as to the reason they are having difficulty and was told they put a rush on it.

 

This debt has been on my report for a couple years and I know I was stupid for not requesting a validation of debt sooner.  Each time I disputed it with Experian, I was told that they updated the lack of monthly payments....    When I called them and asked about this, the person on the phone told me "we don't have any proof of it, they updated that it wasn't paid and that was it" and yet here it still sits.

 

At this point, what are my options?  

Message 1 of 4
3 REPLIES 3
gdale6
Moderator Emeritus

Re: Trying to clear up a debt on my credit report that is not mine, with proof/

A complaint to the CFPB is your next step
Message 2 of 4
RobertEG
Legendary Contributor

Re: Trying to clear up a debt on my credit report that is not mine, with proof/

The furnisher has up the full 30-day reinvestigation period set under FCRA 611(a) within which to complete their investigation and respond back to the CRA with their results.

The CRA must, regardless of whether or not they receive a response from the furnisher, complete their reinvestigation no later than 30 days from filing of the dispute, and then send their Notice of Results within 5 business days after conclusion of the reinvestigation period.  There is no formal provision for shortening the dispute period.

 

Those periods are set in law, and your mortgage broker will surely understand that they will have a decision no later than approx 40-45 days from filing of the dispute.

If the dispute is verified, then the next step is to file a civil action, thus mandating the production and consideration of all evidence, and a binding deciion by the court.

A CFPB complaint can be filed, but the CFPB is not likely to bring civil action on behalf of a single consumer.

Message 3 of 4
Anonymous
Not applicable

Re: Trying to clear up a debt on my credit report that is not mine, with proof/

Just an update, I never heard back from the collections company about their investigation, but Experian finally got off their butts and removed the whole thing from my report.  Score jumped over 100 points (fico 8) thanks to them finally taking care of that darned mistake.   

 

Thanks for the help and advice everyone!

Message 4 of 4
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