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CA knowingly reporting wrong amount for account; claims they don't have to report their "fees"

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CA knowingly reporting wrong amount for account; claims they don't have to report their "fees"

So I've come a long way with my credit, but still have a little more to go.  I have a collections account from like 2013, from a dentist's office, with the original debt being $235.  I've called that dentist's office hoping I could pay them directly and they recall the collections account, but no dice.

 

So anyway, the account on my credit reports (from all 3 CRA's) shows a balance of $235.  In my communications with the CA, they claim it's $325 (and some change), specifically saying that the $235 is what I owe, and the remainder is fees and whatnot, and telling me they are NOT required to report the fees to the CRA's (really??).

 

Over the last 6 months, I've disputed this account twice through all 3 CRA's stating the balance was incorrect.  I have my letter from where they valildated the debt, but I have not sent that to the CRA's along with my dispute (I was afraid this would somehow affect me negatively, like the CRA's would just update the balance to the higher amount and go on).

 

I've also tried twice on two separate occassions for a PFD (first time for the $235, and that's when they came back and told me that it was actually $325, completely ignoring my PFD request -- second PFD attempt was for the full $325 amount, which I never got a letter back).  

 

So, what should I do?  Is there something I can do to play this in my favor where they are knowingly reporting the incorrect information?  It's a debt that I owe, and I want to pay it, but want to get it removed from my account.  Are they violating the FCRA?  I've recently signed up with Collection Shield 360 (credit cleanup company who disputes debts, then sues any that violate the FCRA and they keep the money from suing, while charging me nothing for attempting to clean up collections), but told them not to touch this account (yet).

 

Advise?

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1 REPLY 1
RobertEG
Legendary Contributor

Re: CA knowingly reporting wrong amount for account; claims they don't have to report their "fe

Yes, if they are asserting that the balance of the debt has increased due to fees or interest, then they should update the reported balance under their collection.

You have disputed, and they apparently explained that they are only reporting the principal balance from the OC, not the additional amounts that may have accrued.

That is not, in my opinion, knowingly reporting of inaccurate information, it is an interpretation of what is required to be reported.

 

FCRA 623(a)(2) does require a furnisher to update any prior reporting when the information is no longer accurate, so you could assert that they must increase the reported balance under their collection.

However, that is not basis for requiring deletion of the entire collection.  It is basis only for correcting the asserted inaccuracy.

 

You can, if you disagree and want them to increase the stated debt balance (which I dont see as being to your benefit), either file a complaint with the CFPB or initiate your own civil action, asserting a violation of FCRA 623(a)(2), thus forcing a correction of the balance.

I would not recommend pursuing......

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