Can EX/Asset Recovery do this?

[sassyj9374]

When this account was sent to collections in 2011, it was from Aaron's Rent to Own from default on paying on a computer that I had gotten from them. My house got broken into and someone stole it. So of course, they wanted me to continue paying on merchandise that I no longer had. I didn't have the money to do so at the time since I had taken such a hard hit on ALL my electronics that were stolen including ALL of my daughter's.

Long story short, I got a dunning letter from Tate & Kirlin who had the debt. I was able to settle for less than the original amount and had an agreement that I would pay them as long as they agreed to mark the account as paid in full, which they did. I also have a letter from Tate & Kirlin that the account was paid in full.

 About a month after paying them, Asset Recovery placed the account on my credit report with "settled for less than the full balance". At that particular time, I didn't even want to fight it. But now is different story.

On May 6th, I sent a DV letter to EX asking them to verify this account along with a copy of the letter that I recieved from Tate & Kirlin stating that the account was paid in full.

May 21st, I received a letter back from EX letting me know that they had recieved my dispute, but it might take longer due to them having to get information from a 3rd party.

May 24th, I checked through the backdoor of EX and my account is already notated "settled for less than original amount"  from Asset Recovery with an update that the account has been verified and that the account would stay on my report until 2016.

Can Asset Reovery do this??  I had no dealings whatsoever with Asset Recovery. I dealt with Tate & Kirlin.

What should I do now? Please let me know what my options are here. I want this off my report!

[guiness56]

If you paid the first CA, then no, there can be no second CA.  I am guessing they were an attorney/debt collector.

You cannot send a CRA a DV letter, those are only for collections agencies.

I would send Asset a direct dispute under FCRA 623(a)(8).  They have 30 days to investigate and tell you their findings.  Include everything you have showing this debt was paid to the original CA and they have no basis to put anything on your report.  If they do not respond they are in violation of the FCRA.

This is a Notice of Direct Dispute with you, under the provisions of FCRA §623(a)(8)(D), of the accuracy of information you have reported to my credit file.

This is a direct dispute of credit reporting. This is not a request for debt validation/verification  under FDCPA §809(b).”.
                  (don’t let them just simply sluff it off as a meaningless  DV letter)

In compliance with FCRA §623(a)(8)(D), and enacting regulations published at  16 CFR § 660.4, this Notice of Direct dispute includes:

Identification of the specific information being disputed:
           (specify the account number, and the specific information that is disputed under

             that identifying account)

Basis for the dispute:

            (how the reporting was inaccurate;    was any reporting in violation of any statutory or

             regulatory provisions?  account or express agreements?  CRA reporting gudelines? Account not

              yours? etc.)

Supporting documentation:

            (all documents that support your dispute; it is recommened to also include,

             as part of your documentation, at least a copy of the portion only of your

             recent credit report showing their reporting of the disputed information was

              actually reported to your credit flle.  The implementing rule suggests a  showing

               that it appeared in your credit report)

[sassyj9374]

Thanks guiness!!

I may have worded my explanation wrong, so thanks for informing me.

Yes, I paid the attorney/debt collector. That's why I'm so confused as to why they are even reporting this.

 I will get my letter prepared this weekend and send it out on Tuesday.

Thank you SO much!

[RobertEG]

I would not dispute.

You have debt collection practices issues relating to the accuracy of the debt, which are the subject of the FDCPA.

I presume that the new debt collector did not send dunning notice, but merely reported to the CRA.

By reporting, they triggered their requirement ot send dunning notice within 5 days.

Assuming they did not do so, I would first file a formal complaint with FTC for their violation of FDCPA 809(a), and send a cc: of that FTC complaint to the debt collector.

I would additionally send them an immediate DV, requiring them to cease collection until verification of the debt, and most importantly, who they are asserting as having providied them collection authority, has been provided.

An important part of both a dunning notice and DV request is the requriement to provide the name of the  current creditor.  With the debt padi, there is no current debt, so dunning notice or response to a DV would require them to state that they are collecting on behalf of either the OC or the first debt collector.  if neither of those parties has authorized collection authority to the new debt collector, dunning notice of DV response that they have  could be considered fraudulent.

[sassyj9374]

Asset has never sent me a letter. I only had communication from the previous collector. That's why the confusion came in because the original CA never reported it.  Since I am trying to correct all things on my credit reports, this is one that I wasn't sure how to tackle.

Thanks!!

[sassyj9374]

One last question...do I file the complaint online or how does that work? I looked on the FTC website and I'm not where I need to go where to send?