BBB?

[ptilda]

I've been reading several posts about disputing collection accounts, and wonder if I should jump in and submit BBB claims, or if I should wait for response from my letters requesting them to remove the accounts from my reports?

Account #1 is from a rental office who kept horrible records and the collection agency is trying to collect on me nearly $6k after interest (I understood they can't charge interest), court costs (I was never served and they clearly didn't win, since I have no garnishments or anything), uncollected rent from BEFORE I moved into the place, and repair costs that are from nine months after the date that they show we moved out. I'm pretty sure I can get anyone to see that this is not a valid claim, or at the least, that it's extremely poorly organized and needs to be deleted.

Account #2 is a student loan for $2k (original amount) currently listed in deferrment and in good standings, with no payments made, but shows one late payment last April because they didn't get the memo about me still being in school until after they reported. I suspect that a GW might do the trick for this, since it's pretty clear.

Account #3 is Sprint for almost $500 because my account was used to make international calls from FL while I was in WI (another phone was added to my account). Sprint told me they would investigate the fraud, and my credit situation at the time was so dessimated by my ex husband that I was like, "who cares, they can't hurt it more than it already is." But then everything else is gone & this remains.

I've sent GWs to all of them, and have disputed with the agencies (except for EQ, because they have apparently screwed up my info & now say that I'm not who I say I am, so I have to fax documentation to them). Should I wait for responses, or push forward to get these removed? I'm not planning on any apps in the next few months.

[ptilda]

Just did a BBB search for Apartment Finders (the leasing office) and they are scored at an F because they've failed to respond to complaints. Sooo... that might be a waste of time.

[ptilda]

New update... they are reported to be closed. Is that good or bad for me? Doesn't that mean that if they don't reply it has to come off my report?

[RobertEG]

First, you stated that you sent letters asking them to delete.

Unless sent as a formal dispute under the FCRA, it imposes no requirement on them to conduct an investigation and verify the accuracy.

They can ignore it.

However, if your letter is a direct dispute under FCRA 623(a)(8), they must investigate and respond within 30 days.  If they cannot verify the accuracy, then they are compelled to either correct or delete.

Closing the account after your letter does not delete their reporting.

You should send a formal direct dispute to compel an investigation and potential CR deletion if they cannot verify.

Second, as for accounts or transactions that you assert were not authorized by you, disputes normally dont resolve such issues.

If you dispute on the basis that the account or a transaction was not authorized by you, they must investigate.  If they have supporting basis for indicating that you did authorize, they have not independent means to determine if it was due to someone else using your identity.  They can thus verify.

Thus, your current disputes that assert account/transaction not mine most likely wont resolve the issue.

In verifying a dispute, the furnisher need not provide their supporting documentation, or "prove" the legitimacy of the authorization.  So they can legitimately verify.

For that reason, the FCRA provides a separate identity theft process that enables conxumers to get any credit reporting that they assert to have occured due to identity theft from their credit reports without any consideration of proofs by either party (the consumer or the creditor/debt collector).

It provides that if you put your assertion that you did not authorized the account/transaction into a sworn polcie report (which the FCRA calls an identity theft report) and send it to the CRA, along with proof of your identity, then the CRA must block that information from any future credit reports they issue.  FCRA 605B.

I would pursue either direct disputes and/or identity theft blockage prior to turning to informal BBB complaints.  They have required periods and actions that you wont obtain from a BBB complaint.

[ptilda]

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@RobertEG wrote:

First, you stated that you sent letters asking them to delete.

Unless sent as a formal dispute under the FCRA, it imposes no requirement on them to conduct an investigation and verify the accuracy.

They can ignore it.

However, if your letter is a direct dispute under FCRA 623(a)(8), they must investigate and respond within 30 days.  If they cannot verify the accuracy, then they are compelled to either correct or delete.

Closing the account after your letter does not delete their reporting.

You should send a formal direct dispute to compel an investigation and potential CR deletion if they cannot verify.

Second, as for accounts or transactions that you assert were not authorized by you, disputes normally dont resolve such issues.

If you dispute on the basis that the account or a transaction was not authorized by you, they must investigate.  If they have supporting basis for indicating that you did authorize, they have not independent means to determine if it was due to someone else using your identity.  They can thus verify.

Thus, your current disputes that assert account/transaction not mine most likely wont resolve the issue.

In verifying a dispute, the furnisher need not provide their supporting documentation, or "prove" the legitimacy of the authorization.  So they can legitimately verify.

For that reason, the FCRA provides a separate identity theft process that enables conxumers to get any credit reporting that they assert to have occured due to identity theft from their credit reports without any consideration of proofs by either party (the consumer or the creditor/debt collector).

It provides that if you put your assertion that you did not authorized the account/transaction into a sworn polcie report (which the FCRA calls an identity theft report) and send it to the CRA, along with proof of your identity, then the CRA must block that information from any future credit reports they issue.  FCRA 605B.

I would pursue either direct disputes and/or identity theft blockage prior to turning to informal BBB complaints.  They have required periods and actions that you wont obtain from a BBB complaint.

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I did use the FCRA guidelines. Like I said, I expect that it will have the most impact on the student loan, and if the collection agency for the rental office can't prove things (which they won't be able to, because the information is incorrect), then that should be corrected as well. Whether they do it, and how quickly, is the real question.

Sprint is my man concern, because it's an older account which I neglected to follow-up on. So that is the one where the BBB might be helpful, but that's what I'm asking.