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Can I DV this?

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JYKim1
New Contributor

Can I DV this?

Hello,

 

I looked at my EQ report recently and discovered that two different CA were reporting the same debt. Neither CA has attempted to collect a debt from me within the last 30 days or quite some time for that matter. Can I still DV the one who likely no longer owns the debt? I want to get this settled and at least one of them off my CR, if not both.

 

To give a little background info on the debt, EOS CCA I believe currently owns the debt. I am still within the SOL, which is 6 years in MN, and the DoFD is 4/2009, slated to fall off in 2016. Here is what it looks like:

 

EOS CCA
Agency Address: 700 Longwater Dr
Norwell, MA 020611624
(800) 256-3376
Date Reported: 01/2013
Date Assigned: 08/2012
Creditor Classification: Utilities
Creditor Name: AT T MOBILITY
Accounts Number: 573XXXX
Account Owner: Individual Account.

Original Amount Owned: $860

Date of 1 st Delinquency: 04/2009

Balance Date: 01/2013
Balance Owned: $1,015
Last Payment Date : N/A

Status Date: 01/2013

Status: D -Unpaid


Comments: N/A

BUREAU OF COLLECTIONS RECO
Agency Address: 7575 Corporate Way
Eden Prairie, MN 553442022
(952) 934-7777
Date Reported: 10/2010
Date Assigned: 03/2010

Creditor Classification: Cable/Cellular
Creditor Name: AT T MOBILITY
Accounts Number: 7079XXXX
Account Owner: Individual Account.

Original Amount Owned: $861

Date of 1 st Delinquency: 04/2009

Balance Date: 10/2010
Balance Owned: $861
Last Payment Date : N/A

Status Date: 10/2010

Status: D -Unpaid

Comments: N/A


Starting Score: EQ: 565 EX: 572 TU: 571
Current Score: EQ: 587 EX: 643 TU: 610
Goal Score: 700 Across the Board


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Message 1 of 14
13 REPLIES 13
OldMarine
New Member

Re: Can I DV this?

EOS just hangs there on credit reports.  They buy little junk debt and hope that you will pay it just to get it off your credit report.  File a complaint with the CFPB and it may well disappear in just a couple of weeks.  The CFPB has real teeth and most of the junk debt buyers don't want any additional scrutiny.  I fought with EOS for years, but CFPB got the TL removed within three weeks.  My FICO scores went ballistic so it does matter.

 

Good Luck!

 

http://www.consumerfinance.gov/

Message 2 of 14
JYKim1
New Contributor

Re: Can I DV this?

The problem is, from what it appears, EOS still owns the debt and Bureau of Collection Recovery is the one who should not be reporting. I'm just wondering if I can DV at any time, or will they only really consider my DV if it is within 30 days of a dunning.


Starting Score: EQ: 565 EX: 572 TU: 571
Current Score: EQ: 587 EX: 643 TU: 610
Goal Score: 700 Across the Board


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Message 3 of 14
IamB2
Established Contributor

Re: Can I DV this?


@JYKim1 wrote:

Hello,

 

I looked at my EQ report recently and discovered that two different CA were reporting the same debt. Neither CA has attempted to collect a debt from me within the last 30 days or quite some time for that matter. Can I still DV the one who likely no longer owns the debt? I want to get this settled and at least one of them off my CR, if not both.

 

To give a little background info on the debt, EOS CCA I believe currently owns the debt. I am still within the SOL, which is 6 years in MN, and the DoFD is 4/2009, slated to fall off in 2016. Here is what it looks like:

 

EOS CCA
Agency Address: 700 Longwater Dr
Norwell, MA 020611624
(800) 256-3376
Date Reported: 01/2013
Date Assigned: 08/2012
Creditor Classification: Utilities
Creditor Name: AT T MOBILITY
Accounts Number: 573XXXX
Account Owner: Individual Account.

Original Amount Owned: $860

Date of 1 st Delinquency: 04/2009

Balance Date: 01/2013
Balance Owned: $1,015
Last Payment Date : N/A

Status Date: 01/2013

Status: D -Unpaid


Comments: N/A

BUREAU OF COLLECTIONS RECO
Agency Address: 7575 Corporate Way
Eden Prairie, MN 553442022
(952) 934-7777
Date Reported: 10/2010
Date Assigned: 03/2010

Creditor Classification: Cable/Cellular
Creditor Name: AT T MOBILITY
Accounts Number: 7079XXXX
Account Owner: Individual Account.

Original Amount Owned: $861

Date of 1 st Delinquency: 04/2009

Balance Date: 10/2010
Balance Owned: $861
Last Payment Date : N/A

Status Date: 10/2010

Status: D -Unpaid

Comments: N/A


It appears as though BUREAU OF COLLECTIONS RECO (the second one on the list) is the one that had the file before transferring it to EOS CCA. I know I sound like a broken record when I say this, but a similar situation happened to me with an old TMobile account. Sunrise Credit Services had this account previously, and sold it to Midland, but on my Experian file, both of them were showing as Collection account. So my Experian file was showing two collections for the same account. I called Sunrise to see if they have my account and after a thorough search for my name and my SSN, they told me they don't have a record of my name on their system. 

 

With that information in mind, I kindly sent them a DV letter, asking them to verify the debt. Needless to say, they couldn't and they deleted the TL from my Experian file within a few days. About a couple of weeks later I got an official letter explaining that they have deleted the information from Experian, and they will no longer contact me about this issue.

 

I would call the Second CA firs tto confirm that they don't have any record of this account under your name. If that is the case, send them a DV letter, and since they can't locate the account, they have to delete it.

 

After that, you need to deal with the EOS CCA, since likely they now own this debt.

 

Hope that helps.

FICO® EQ 717 (3/5/15); TU08 732 (3/5/15); EX: 723 (3/5/15) - Last app 3/15/15; Inquiries: A TON!

CITI ThankYou Preferred - CL: $2,000




Starting Scores: 590s on 12/2013. Hover over card image to view details! *After Amex approvals - [I was supposed to be] Gardening!*
Message 4 of 14
RobertEG
Legendary Contributor

Re: Can I DV this?

The scenario is apparently that the OC terinated their assignment of collection authority to debt collector 1, and assigned to a new debt collector 2.

 

In that scenario, the moment that debt collector 1 had their collection terminated, they were required to have promply undated their reporting to show their collection as Closed, and the balance under their collection as $0.   FCRA 623(a)(2) requires prompt udate of any reporting if needed to maintain its current accuracy.

I would contact debt collector 1, and remind them of that responsibility.  If they dont update in the next reporting cycle, then send them a direct dispute of the accuracy of ther reporting. 

 

If you wish to pursue deletion of the first collectiion rather than simple update, neither the FCRA nor the FDCPA requires deletion of a reported collection based on termination of their collection authority,  However, the CRA reporting manual includes guidelines that a debt collector should delete a terminated, unpaid collection, so you can also pursue their lack of compliance with the guideliens in the CRA reporting manual.

 

If debt collector 2 now has legitimate collection authority, they are entitled to report their collection.  I see no basis for complaint of their reporting.

You can always send a DV.

However, the issue is what effect it may have.  A DV never requires response within any ser period, and does not require CR deletion if they dont respond.

The impact of a DV, if timely, is that it invokes a cease collection bar on them untill such time as they choose to respond.

Howevr, if the DV is not timely, which appears to be your case if sent more than 30 days after their dunning notice, then there is no cease collection bar, and they can choose to go on about their business with no response.

Message 5 of 14
JYKim1
New Contributor

Re: Can I DV this?

Thanks guys! I just called the Bureau of Collection Recovery and I asked to speak to someone about a past debt. I gave him my information, and even that the original creditor is AT&T. I never stated that I was owning up to the debt, simply that I was trying to dispute some incorrect information on a credit report I just pulled. He was unable to find any file for me and stated that they no longer have AT&T as a client. He also told me that they "don't report inaccurate information so that wasn't possible." I reminded him that their company was required to "promptly udate any reporting if needed to maintain its current accuracy." He simply told me that because they no longer have AT&T accounts, he can give me the AT&T number or he will have to end the call. He ended the call. I was not rude or angry, but cordial and cooperative. Unfortunately, that got me nowhere. I am tempted to call them back after downloading a copy of the FCRA and reading a bit through it.

 

What should I do now? Is it worth calling them back, or do I pursue other action?


Starting Score: EQ: 565 EX: 572 TU: 571
Current Score: EQ: 587 EX: 643 TU: 610
Goal Score: 700 Across the Board


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Message 6 of 14
IamB2
Established Contributor

Re: Can I DV this?


@JYKim1 wrote:

Thanks guys! I just called the Bureau of Collection Recovery and I asked to speak to someone about a past debt. I gave him my information, and even that the original creditor is AT&T. I never stated that I was owning up to the debt, simply that I was trying to dispute some incorrect information on a credit report I just pulled. He was unable to find any file for me and stated that they no longer have AT&T as a client. He also told me that they "don't report inaccurate information so that wasn't possible." I reminded him that their company was required to "promptly udate any reporting if needed to maintain its current accuracy." He simply told me that because they no longer have AT&T accounts, he can give me the AT&T number or he will have to end the call. He ended the call. I was not rude or angry, but cordial and cooperative. Unfortunately, that got me nowhere. I am tempted to call them back after downloading a copy of the FCRA and reading a bit through it.

 

What should I do now? Is it worth calling them back, or do I pursue other action?


I would send them a DV letter Asking them to validate the debt. Make sure the letter is sent CMRR (Certified Mail Return Receipt). Include the copy of the report where they are reporting it. If they don't remove it within 30 days of receiving it, dispute it with CRA directly. If it goes that far to dispute with the CRA, include the copy that you sent to the CA with an explanation that they have not responded to your dispute at all... CRA then should delete it from your reports. The CA cannot verify since they don't have the account.

 

hope that helps.

FICO® EQ 717 (3/5/15); TU08 732 (3/5/15); EX: 723 (3/5/15) - Last app 3/15/15; Inquiries: A TON!

CITI ThankYou Preferred - CL: $2,000




Starting Scores: 590s on 12/2013. Hover over card image to view details! *After Amex approvals - [I was supposed to be] Gardening!*
Message 7 of 14
JYKim1
New Contributor

Re: Can I DV this?

Thanks for the advice guy, I really appreciate it.

 

I think I will DV them. See how that goes...

 

On a positive note, I am starting to finally see some responses from my first PFDs and attempts at contacting the OC to pull back my debts from the CAs. For one medical collection I was told I had no choice but to go through the CA...lame. And another, I received a reply saying that I had to essentially send a GW/PFD type of letter stating that I needed to write something up saying why I wasn't able to pay the debt originally, and why it should be removed from my CR. So...here's to progress!


Starting Score: EQ: 565 EX: 572 TU: 571
Current Score: EQ: 587 EX: 643 TU: 610
Goal Score: 700 Across the Board


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Message 8 of 14
IamB2
Established Contributor

Re: Can I DV this?


@JYKim1 wrote:

 So...here's to progress!


I'll drink to that

FICO® EQ 717 (3/5/15); TU08 732 (3/5/15); EX: 723 (3/5/15) - Last app 3/15/15; Inquiries: A TON!

CITI ThankYou Preferred - CL: $2,000




Starting Scores: 590s on 12/2013. Hover over card image to view details! *After Amex approvals - [I was supposed to be] Gardening!*
Message 9 of 14
munkyBeatz
Member

Re: Can I DV this?

You did good by simply calling the collector directly, since they don't have the accounts period anymore you can file a simple dispute for that particular collector. If you want it off sooner rather than later, I would just file a quick dispute online with Equifax and/or the others. I disputed several items online only with Equifax, and they updated the other two credit bureaus for me. I filed dispute, 20days later i get an e-mail from equifax showing it's resolved, then a week later I was about to do the same with the other two bureas, and found out they'd updated with the same info as Equifax. 

 

They'll either delete the post entirely, or file it as "transferred/sold" if they get that response from the creditor which doesn't seem like they'll do since they couldn't access anything about your account.

 

Here's the Equifax Online Dispute [much quicker than dealing with paper mail] And you get updates while they're reviewing it, which you don't get with paper.

 

https://www.ai.equifax.com/CreditInvestigation/home.action




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Message 10 of 14
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