Help, CA stole my address from CRA dispute on a debt that's not mine

[Anonymous]

Hi there -

Early this month I submitted a dispute with Experian on a medical collection that does not belong to me (may belong to my father who has same name; I have an email with the OC confirming it's not mine.) After filing my dispute, I called Experian and they said the CA has until this Monday to respond.

Well today I received my first dunning letter from them at my home address, which I'm assuming they stole from my dispute documentation to update their records. Since they just sent this out and the CRA deadline is Monday, I'm assuming they intend to send a validation response to Experian, and even if they don't, I'm annoyed that they've now updated their records with my actual address. 

Any idea the best way to respond to this letter? Should I send a dispute letter back to CA or just bypass this crud and send all my documentation to the CFPB? At this point, I don't just want this removed from my report, I want my contact/address purged from their systems

Any help is appreciated! 

[gdale6]

I would first send the CA a copy of that communication from the OC with a cease and desist and demand for removal from your CR. If that doesnt happen then escalate to the CFPB.

[Anonymous]

Ok thanks gdale, I'll give that a shot.

I also just found the direct dispute template linked below, should I try any of that language? Or just a simple C&D with the threat of escalation to CFPB if they do not comply by the end of next week? 

http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/Direct-dispute/td-p/2309095

I just want to add some teeth to the letter as I've had enough of this agency falsely reporting when I went out of my way to provide so much documentation in the CRA dispute and instead they took advantage of it 

[RobertEG]

It depends upon what you included in your dispute filed with the CRA.

If they verify, which is premature to assume at this point, then you can only file a direct dispute with the debt collector if it is not substantially the same as your prior dispute that you filed with the CRA.  A second dispute must contain new information not previously submitted in order to be entitled to investigation in a direct dispute after a disute through a CRA.  See the direct dispute rules at 16 CFR 660.4.

The dunning notice sets a 30-day period in which you can request debt validation, which will impose a cease collection bar until they proivde validation.

I would suggest sending a timely DV in order to impose a cease collecction bar.

In my opinion, filing a complaint with the CFPB would be premature until you first have a resolution of your dispute.

If they verify and you can show that they did not conduct a reasonable investigation, then you can file a complaint of violation of the FCRA.

A simple disagreement as to their veriifcation would not be an administrative violation of the FCRA.

[Anonymous]

Thank you both, this has been very helpful.

Now that I've had a bit of time to cool off, I think I'll just send the DV while waiting for the dispute to close out (should be this week).

If they verify, I'll escalate. At the end of the day, the OC is on my side so I should be ok. I'll ask them to draft something formal on letterhead in the meanwhile just in case.

Thanks again!!