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@Anonymous wrote:
Just got the results of my dispute it says this:
ERC; Collection Reported 08/2016; Assigned 09/2015; Creditor Class − Cable/Cellular; Client − Time Warner Cable; Amount − $151 ; Status as of 08/2016 − Unpaid; Date of 1st Delinquency 05/2011; Balance as of 08/2016 − $495.
Amount I owe the original creditor is $151 but the CA is charging about $350 in fees which I don't feel is fair but the debt I put no knowledge of it but came back as valid.
Company is Enhanced Recovery Corp which I thought had lost all Collection Authority due to shady tactics like raising accounts by hundreds of dollars from their original amounts owed.
Basing that on this thread where multiple people said they disputed and it was deleted because they lost authority.
http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/Enhanced-Recovery-Company-LLC-Collection-Agency/td-p/2000885
What can/should I do??
Well the first problem is you disputed "no knowledge." All anyone has to do to end the dispute is show that it is your account, which you admit it is. It will be tough to dispute with the CRA again so soon, but "incorrect amount" would have been a better choice. A dispute for a valid debt is unlikely to make it go away, but it should be reporting accurately. I would send a validation letter to ERC asking for a full itemization of the amount they are reporting. Look on here for some good examples, or other credit boards. ERC may delete on their own if your letter makes them think you know your stuff. How old is the account? Are you out of SOL?
Pay the $150 to the utility/telecom company its owed to. Wait thirty days and dispute the debt as inaccurate. (I've had luck with selecting paid before sent to collections) the utility company should have recalled the debt by then. Most debt collectors won't bother validating if they won't collect especially for such a small amount. It's worth a try.
The debt is over five years old, and its legitimacy is not contested.
ERC is apparently assigned collection authority. Any prior findings of lack of collection authority in other cases does not apply generally to all instances of collection authority. The assertion that ERC has no collection authority based on some unspecified prior action involvng other consumers is unsupported.
What finding is being relied upon to support the conclusion that ERC can no longer have collection authority in any collection?
The FDCPA permits charging of amounts by debt collectors if they are either authorized in the agreement that created the debt or otherwise permitted by law.
What is the specific provision of CA law that caps all debt collectors at a specific amount?
As for now requesting debt validation, any request that is sent later than 3 days after dunning notice imposes no requirment on the debt collector.
When was dunning notice sent?
The new California Debt Buyers Protection Act does include provisions requiring enhanced DV support, but only applies to debt collectors who have purchased the debt, not to those who only have assigned collection authority. The post indicates that they only have assigned collection authority.
More info is needed to support the assertions made in the post.
Can you provide additional info to support your position?
If a dispute has been filed and resolved, you can bring civl action it you still contest their ability to collect on the debt.
That would apparently be your next step.
Facts supporting your assertions of lack of collection authority would be necessary to support any civil action.