Collection dispute

[Charger_Fan19]

I'm stumped.

There is a collection that was reported on my credit in December. I caught it the same month, disputed it immediately. I had never been contacted by the collection agency by phone or mail and had no knowledge of the original creditor, nor had I received contact. TU and Equifax removed the collection but today I got an email from Experian that the debt had been verified and would remain on my report until 2015.

What is my next step?

[RobertEG]

Your post is what FDCPA 809(a) is all about.  You should never have to become aware, on your own, of a collection by finding it in your credit report.

FDCPA 809(a) is about their requirement to provide you sufficient and timely information, directlty and in writing, of their collection activity within 5-days of any "initial communication" related to their debt collection.  Posting to your CR is considered such an "intial communication."

This required collection (dunning) notice must, at a minimum, identify the amount of the debt, the name of the original creditor, and your rights to request debt validation. They appear to be in clear vioaltion of FDCPA 809(a).

When you disputed it, did you dispute through the CRAs, or did you file a direct dispute, directly to the debt collector, under FCRA 623(a)(8)?

I wold suggest two paths.  First, DV the debt collector.  Second, send them a direct dispute under FCRA 623(a)(8).  Neither requires any CRA involvement.  You dont want the CRA to muck things up.

You are placed in an intorerable situation by their failure to send you dunning notice.  in order to file a dispute, you must identify how the reported information is inaccurate.  By failing to identify the OC, that makes it nearly impossible for you to provide sufficient information to support a dispute.  Their lack of proper duning notice prevents a proper dispute, and in the meantime, the CA is continuing to harm your credit score.

[Charger_Fan19]

I used the online dispute process with the CRA. I just stated the above, that I had never heard of the CA or the OC. How do I go about getting a DV if I don't know who these people are? Even on my full report directly from Experian there isn't enough info for me to contact. There isn't a phone number, or city and state and the agency is abbreviated. That's why I'm so infuriated, and why I'm sure the other 2 agencies didn't bat an eyelash deleting it. What is Experian's problem? Its bogus.

[RobertEG]

DV requests are simply, and only, addressed to the debt collector.  The OC is not part of it.

If the debt collector has posted to your CR, then their name and address is obtainable from the CRA.

Extract whatever identifying information you can from your CR to identify the debt you want verified, and then DV the debt collector at their address of record in your credit report.

As for disputing, I never recommend disputing through a CRA, and definately NOT using their automated dispute process.  That just handicaps you in providing the supporting documentation for your dispute.  I would always file any dispute directly with the party who reported the information.

If you are not familiar with the direct dispute process, here is a form letter:

“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.

       ►       (If sent to a debt collector, (CA), it might  be beneficial to also include the blurb:

       ►  “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 OC and/or CA 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; make sure to 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)

“Under the provisions of FCRA §623(a)(8)(E) and 16 CFR §660.4,, you have the duty to review all of the information I have provided to you,  to complete your investigation of this Direct Dispute within 30-days of my Notice of Direct Dispute,  and report back to me the results of your investigation within 5-days of your completion of your investigation.” 

“Should you find the disputed information to be inaccurate or incomplete, or you cannot verify the accuracy or completeness of the disputed information, you are additionally required, under FCRA §623(b)(1)(E), to promptly notify the credit reporting agencies of correction of this information, or of its deletion from my credit file.”