07-29-2012 12:37 PM
2 different CAs, which from reading the boards I've come to realize are the same (WCI & Convergent) are reporting a debt for a disputed account from T-Mobile on my credit reports. As I gained this new collection, there is also a new address being listed as my 'previous' address. A new address that does not belong to me and is in Alabama. I have never lived in Alabama.
I've already filed a BBB dispute against T-Mobile for sending this account that does not belong to me to collections but my question is, what should I do about the CAs? Should I send them a DV? Should I just wait for the matter to be resolved with T-Mobile through BBB?
07-29-2012 01:54 PM
Two issues. One of an incorrect previous address, and the other of the legitimacy of the collection.
Inaccuracy in reporting of an address is certainly disputable, but can be corrected, and alone does not establish that the reported debt was not yours.
Can you truthfully state that the debt is not yours?
Aside from taking the issue to court, you could address the "debt not mine" issue by use of the identity theft provisions of the FCRA.
Can you assert, in the form of a sworn police report, that the debt/OC account was never authorized by you?
If so, you can assert that any reporting must have resulted from identity theft, and thus take multiple steps under the FCRA.
Send the police (identity theft) report to the CRA, and get any reporting related to the account blocked from your CR under FCRA 605B.
Send the police report to the OC, and demand any business records in their possession related to the identity theft information. FCRA 609(e).
Send the police report to the debt collector and demand any information you would otherwise be entitled to had you disputed the debt. FCRA 615(g).
While BBB complaints certainly have their merit, they are not charged with administration of the FCRA or FDCPA, and cant take legal action on your behalf.
I would not rest with only a BBB complaint. You can compel the OC to send business records directly to you, thus giving you documentation that you can challenge.
07-29-2012 02:29 PM
This debt is truthfully not mine. It's been a diffult thing to prove with T-Mobile because it has to do with an account that was created and transferred without my approval. The debt is for the old (my original) account which the representative failed to close.
I'm wary of the policy report only because T-Mobile asserts that since the accounts were paid for using the same credit card, I cannot deny proof they are mine. That is a surface response to the situation because if they were willing to investigate further, they'd see there is an explanation as to how they were paid with the same card. I'm concerned of the repurcussions if T-Mobile replies with that information without further investigation.
However, am I to understand that the only way to get T-Mobile to provide their business records in relation to this account is to file a police report?