New collection for old settled collection????

[jwpezd]

I just got a notice from experian that I had a new collection for $68....... Dropped my score 68 points!!!!!! I called to see what it was. It was an old utility bill from AT&T. I settled on this account a year ago and I guess they sold the difference?? We were going to buy a house in six months to a year. I immediately offered a PFD and they said no way. I then PIF. This brought my score from a 648 to 591. I'm devastated. Does anybody have any ideas for me and how long is this going to impact my score. I'm beyond upset a 68 dollar collection could do this to me..... The CA IS enhanced recovery co. Of anybody has any advice I would appreciate it

[jwpezd]

Anybody?

[proudnavymom]

I had a collection pop up a couple of months ago from Enhanced Recovery and they did not send any dunning notice before reporting it on my CR.  I filed a BBB complaint and they were very quick to respond and agreed to delete it.  I hadn't paid it though, so not sure if that would work if you paid it.  

[Dishpro]

Is a CA supposed to send a Dunning if it is not a new collection item? And if so is that enough of a violation to warrant the CA to delete?

[proudnavymom]

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@Dishpro wrote:
Is a CA supposed to send a Dunning if it is not a new collection item? And if so is that enough of a violation to warrant the CA to delete?

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Well hopefully someone else will chime in that is more knowledgeable about this than I am, but if I understand your post correctly, you originally settled this account for a lesser amount.  If that is what happened, it should have been considered satisfied, so I don't understand why ERC would try to collect on a balance.  I would think that if ERC was not collecting on this previously, since they are a new debt collector they would be required to send a dunning notice.  When I filed my BBB complaint I did not specifically ask for it to be deleted because I knew that just not sending a dunning notice does not require deletion, but after they received the complaint they offered to delete.  

[Dishpro]

So if they are required to send a Dunning notice because they are a new collection agency, would they be required to allow 30 days before reporting, which would allow the debtor to pay off the debt within the 30 days and avoid the reporting. You would think that because the CA is a business its first interest would be collecting the money and not penalizing the debtor.

[proudnavymom]

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@Dishpro wrote:
So if they are required to send a Dunning notice because they are a new collection agency, would they be required to allow 30 days before reporting, which would allow the debtor to pay off the debt within the 30 days and avoid the reporting. You would think that because the CA is a business its first interest would be collecting the money and not penalizing the debtor.

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Well hopefully someone else will chime in on this, as I don't know anything about them being required to wait 30 days before they could report on a credit report.

[icanimprove]

OP have you sent a GW letter to the CA yet? I'm not too sure how GW friendly Enhanced Recovery is but its worth a shot.

Also, after sending the GW letter if you don't get a favorable response consider filing a BBB and FTC complaint under FDCPA. The CA is required to send a dunning notice under FDCPA.

Once you receive the notice you have 30 days to request debt validation. The CA is required to cease collection until they validate the debt.

Hopefully a mod or more experienced forum member will chime in tomorrow. 

[jwpezd]

Just an update. Today I called AT&T and was told there was nothing they could do. It was up to the collection agency to remove this. So that being said. What should I do next? GW the collection agency send the "pif" letter to the big three like the guy at AT&T said. What should I do now?