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10-26-2012 04:30 PM - edited 11-06-2012 03:00 PM
I will try to keep this short. Back in January 2011 I found that Experian and Equifax showed an collection account from a Enhanced recovery for ATT. I disputed the collection through the CRA's and the collection was deleted from both. Great! Well, today i pull my 3 credit reports. Transunion is good, however, Equifax and Experian now show a collection account which opened this month from collection agency EOS CCA for ATT. I submitted an online dispute again for both. What else should i do? I have never had an ATT account for anything. Is there anything i can do to stop this from happening again? It would seem Enhanced Recovery may have sold the collection to EOS CCA, is that possible/legal? The notes on the collection state "Consumer disputes this account information". What is going on? Does anyone have any ideas?
10-26-2012 07:15 PM
Have you tried a direct dispute with ATT?
10-26-2012 08:32 PM
I disputed them through the BBB , and three days later they responded and said the account had been closed and they would stop reporting it, and send letters to all of the credit agencies to delete the account from my credit file. Make sure when you dispute it you tell them you want them to agree not to sell the account to another collection agency.
Hope this helps.
10-26-2012 09:33 PM
I contacted ATT after the original collector last year, they have no account and even if they did would not be able to assist since it was at a collection agency.
I will have to try and go through the BBB as you stated ashdown, Hope i can get a quick and effective response as you did. Just curious, was your dispute also with EOS CCA?
10-27-2012 02:49 PM
The key to your issue is the statement that the collection was deleted based on a prior dispute.
In such situations, ANY party requesting reinsertion of a collection must comply with the specific reinsertion procedure set forth in FCRA 611(a)(5)(B).
In a nutshell, that process, recognizing that the information was disputed and verification of accuracy was not provided, states that before any party can have the information reinserted, they must provide the lacking verification to the CRA in the form of a "Certification of Accuracy." The CRA must accept that verification before they can reinsert the previously deleted information, and if they do accept the reinsertion, they must send the consumer written notice to that effect within 5 business days of their reinsertion.
If the deleted collection reappeared in your CR without your having received notification thereof from the CRA, then there is a violation of the reinsertion restrictions of section 611(a)(5)(B). Period.
Who committed the violation depends upon whether the party reporting the information complied with their "Certification of Accuracy" requirement.
If they simply reported without making the CRA aware that it is a reinsertion, the CRA would most likely just accept the reporting without questioning the lack of the required pre-certification. However, if the party did provide the required certification and the CRA did not send you written notice, the CRA would clearly be in violation.
I would flile a formal complaint with the CRA for what appears to be clear violation of FCRA 611(a)(5)(B), and let them determine whether the reporting party complied with their pre-certification requirement. Only they, at this point, know the answer to where the fault lies.
10-28-2012 01:15 PM
Thank you for your very informative response! That really explains a lot. To file a formal complaint, would i do so through ftc.gov? Or what would the process be? If you could provide me with any more details on the complaint process i would really appreciate it. My credit scores have been on a steady increase ever since i started a little over a year and a half ago, and this new false collection really put a damper on things. I'm hoping i can get all this cleared up soon so it doesn't effect my purchasing a house next year once im out of the military.
10-29-2012 01:35 PM
Send a formal complaint to the CRA, alleging violation of FCRA 611(a)(5)(B). Violations of that section are predicated upon their having been a prior dispute that was unverified, so include documentation showing it was disputed, along with a copy of a subsequent CR showing that it was deleted as a result of that dispute.
That is clear documentation of a violation absent any notice of reinsertion sent to the consumer, stating their reinsertion was in compliance with that section of statute.
You could also send a direct dispute to the reporting party, asserting inaccuracy in their reporting based on failure to have complied with the reinsertion requirements of the statute, but that presupposes they did not do so. As of now, you dont know who did not comply, the furnisher or the CRA.
You can also file a complaint with the FTC, but that is, in my opinion, secondary. The FTC has authority to impose sanctions for violation of the statute, and/or take legal action, but as a matter of practice, they rarely if ever take formal action on individual consumer complaints. They send letters and compel response, but that is a long an laborious process that does not compel compliance. It is up to the FTC to take action, and they rarely do.
11-06-2012 02:49 PM - edited 11-06-2012 02:53 PM
I am not 100% on what i can and cannot post on here regarding companies. If anything is in violation of forum rules please edit as necessary.
A big thanks to Ashdown and Robert! I have resolved this issue. These are the steps i took just in case it may help someone else out in the future. I originally submitted the online disputes with eq and ex. Wanting to get faster results i hopped on here to see what i could do. I then sent pdf letters via email to the ceo's of eq and ex in hopes they would be able to assist in a quicker manner. The letter basically stated how i believed they were in violation of the FCRA. I got an update from Ex stating they had closed the initial dispute to open another. A few days later i got the results stating the collection remained. I contacted Ex and was told that since it was a new collector and they had responded to their "automated dispute process" that there was nothing else they could do. I asked if their dispute process was indeed that simple. She stated that their dispute process is basically just an automated system and not much more. Go figure! No response from Eq, probably got the ceo email wrong. Anyhow i then submitted a direct complaint against the collection agency through BBB on 11/02 stating my case. Today i got a response back. Below is the collection agencies response to BBB's inquiry. I am now just asking that i receive a confirmation letter for my own records so that this may not happen again. Thank you once again ficoforums. Cheers and keep the credit up!
Re: Complaint ID: XXXXXXX | My Name
EOS CCA #: XX-XXXXXXX | US Asset Management
Original Creditor: AT&T Mobility | Creditor Account #: XXXXXXXXX
Our client, US Asset Management, placed the above referenced account with our office on 8/13/2012. The account has since been closed, and as such, our office will not contact My Name any further. We have notified the credit bureaus to delete the above referenced account from their records.
If you have any questions or concerns, please contact my office at 800-886-9177, extension 1xxxx.
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