Alliance One...I don't think they are playing fair...but then again what CA does

[RocketChick]

Hi Everyone!

Heres my dilemma,

                                                I have an old T-Mobile account from May 2013 that I forgot about. It went to collections with 1 company &  just recently was picked up by Alliance One. I received a dunning notice from them dated March 7 &  the plan was to send a DV in order to put a hold on them reporting, to

give me time to get the money together to offer a “Pay for Not Reporting (if they could do that)”.I also wanted to send a DV bc another company was still calling me about the same bill & I wanted to pay the correct CA. So I sent a Certified DV, they signed for it April 11, 4 days after my 30 days was up. They had already been calling me, but since I knew who they were and didn’t want to do any business over the phone, I never answered.

So on April 30, MYFICO ScoreWatch notified me that there was collection activity on my CR, so I checked & guess who it was…Alliance One

Apparently, they reported the account on April 1, which was before the initial 30 days was up (Is this wrong? Or a violation?)

Also, in the reporting they are reporting inaccurately…First off there is a “Consumer disputes Account Info” comment which is false, I have never spoken to these people. The word “Dispute” is NOWHERE in my DV Letter.

Also, they are reporting that my first delinquency is March 1 of 2013 which is a bold faced lie because I was still with T mobile at that time!

Now my question is how do I handle this? I originally wanted to pay in full bc I don’t want this on my CR. I have been working hard to avoid any new collections while I’m getting rid of the current negatives on my CR.  I still want this paid bc I want it gone, but I don’t want them to get away with what they are doing!

I sent a DV …no response. They signed for it April 11, today is May 2...I know for a fact they have it, bc they stopped calling which I requested in my DV

I was going to report them to the CFPB and the FTC (possibly the BBB also)  for them reporting inaccurate information knowingly. And for reporting this information before my initial 30 days was up (wasn’t sure if I could report this).  But I just read something on the forum where someone said you could send a copy of the Certified Mail green card & a copy of your DV letter to the CRA stating that you sent the dunning notice and they have not responded and it would be deleted bc the CA couldn’t verify the debt bc this is considered a collection activity.

I have copies of my CR report showing when they first reported and also a copy of the DV letter I sent along with my Certified Mail Green Card!

Please don’t think I am trying to get out of paying, I  know the debt is mine and I have all intentions of paying, I want to pay, I owe the money. 

But at the end of the day, I just want them gone and I don’t mind paying, those were my intentions in the first place until they started playing dirty..

Could someone please tell me the best course of action, I want them gone asap lol

[RobertEG]

If your DV was received after 30 days from dunning notice, it imposed no cease collection bar.

As for collection activities during the 30-day period from dunning notice, FDCPA 809(b) states:

"Collection activities and communications that do not otherwise violate this title may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed ......"

As for violation by reporting inaccurate information, it is not a violation per se to have reported inaccurate information.

They will most likely provide some assertion that what they reported was considered accurate.

if you feel that you can show that they knowingly reported an inaccurate DOFD, that would be basis for a complaint.

However, FCRA 623(a)(5) states that a debt collector is considered to have complied if they have obtained the reported DOFD from the OC.

You can, of course, contest the reported DOFD, however showing of knowingly false reporting may be a battle. 

[RocketChick]

Thank you RobertEG! I was hoping you would respond!

But according to my CR, they began reporting on April 1, my 30 days was not up until April 7. Is that okay? 

Also, what do you propose would be the best course of action, since they have not responded to my DV?