T-mobile Collection Agency

[Anonymous]

So here's what's going on. My mother opened a T-Mobile account in my name with out my authorization and let it go. She ran it up over $2000. Seriously? How did it get to over $2000. I find this out from a phone call from a collection agency the other day. I called T-Mobile to see how I can fix this and they tell me it's out of their hands and I have to deal with their collection agency. I called the collection agency and explained my situation and they told to me that I have to either pay it or file charges against my mother. I really don't want to file charges. I know I should but this is already taking a mental toll on me. So first I tried to make arrangements with them and they would only accept if I made arrangement for payment over the phone and they would report to my credit report. Obviously I'm not going to do that. Then they said if I paid it in full they wouldn't report to my credit but still wanted to set up payment over the phone. I accepted only if they send it all in writing. They refused and would not let me talk to a supervisor. Before I hung up I asked if they could send me all of the info about the collection in writing.  They said no spend money on a lawyer to deal with that. By law don't they have to do that?

So my questions:

Since its going through T-mobiles collection agency can they report to my credit?

If I ask for the terms in writhing do they legally have to  send them to me?

Any help on how to deal with these people would be greatly appreciated.

[sphinx313]

I've always heard about stories like this but it's never happened to me. If ANYONE ever spoke to me like that you could 100% forget any cooperation or repayment and I'll see you in court or bye bye in 7 years. I'm sure Robert will post on this to assist you with the overally legality of the situation but it sounds to me like you should probably file a police report. 

[RobertEG]

They steered you in the right general direction, but with the wrong advice.  You dont have to "bring charges" to deal with the issue under the FCRA.

The FCRA permits a consumer to get any information blocked from their credit report that resulted from an account they did not authorize.

However, as anyone can simply make an assertion of "account not mine" or "not authorized by me," the FCRA places an initial requirement on the consumer to place any such assertion into the form of a sworn police report, which carries legal sanctions for knowingly false statements.  You dont have to prove anything, but you do have to identity the issue in that report.  The police will most likely ask, as is their job, whether you have any information about who might have used your identity.

Therin rises your dilemma.  If asked that anticipated question, responding no might make your report knowlingly inaccurate by omission, and is not something I would advise.

You dont have to file charges to report an asserted identity theft.  That is up to law enforcement.  But filing the report might result in an investigation on their part.  It depends upon their degree of interest.  Your tough decision, but that is what is required to intiate the identity theft provisions of the FCRA.

In the event that you do file a police report, it gives you the following under the FCRA:

1. Simply send a copy to the CRA, along with proof of your identity, and the alleged identity theft information MUST be immediately blocked from your credit report under the provisions of FCRA 605B.  You dont have to prove it, the FCRA accepts your sworn statement as basis to require blocking from your CR.

So you get CR exclusion.

2.  You can also send a copy to the OC, which will REQUIRE them, under the provisions of FCRA 609(e), to provide you all business records in their possession related to the account.  You gain the right to legal discovery of their documentation.  You might not like what it might prove......

3. You can also send a copy to the debt collector, requiring them, under the provisions of FCRA 615(g) to provide any information in their possession to which the consumer would ordinarily be entitled if they had disputed the debt.  A way to compel some of the information you have informally requested, and they have declined to provide.

A tough decision, but filing a police report is necessary to gain your rights under the FCRA.

[diabla]

I recently did a PIF with a CA assigned by TMobile.  If you don't want to say the name in public, do you want to PM me the name and I'll tell you if its the same company?  Because if it is, I will give the name of the agent I worked with there and she was wonderful.  I did a payment plan, then she deleted.  I had to pay in full though, that was the deal.  But she offered me a discount too, she just couldn't delete if I went with the discount.  They would not do anything in writing because they said its against their agreement with the CRA.  But we did everything on the phone - I kept my end of the deal, and she kept her end of the deal in the end.

[Anonymous]

The name of the agency is Amshare. The thing is that it's not on my credit report yet. It's still going through T-mobile's collections. They haven't sold it to a 3rd party collection agency yet. Does anyone know if they're even authorized to report to the credit bureaus? Another question... Say I do pay over the phone, because everything is being recorded and they're telling me "to pay in full and they will not report to the credit bureaus"  Is that as good as getting it in writing?

[kingmidas]

I think the agency your talking about is Amsher, yes they do report to collection agencies as they did report a couple years ago for a delinquent tmobile account. The only good thing that came out of it is they were reporting the balance as not paid after I did pay it and I disputed it and it got taken off completely for some reason.  Also don't trust their recordings as proof because although they may claim they are recording, how easy is it going to be for you to get that recording, you need it in an email or a letter not to mention they just treated you like that so nothing is going to come easy if they have to provide you proof.  They are very nasty as my sister just got done dealing with them and they treated her the same way and she just asked them could she pay in a couple of payments and they told her no they wanted the money or else they are sending her to collections and they had just received the bill not long prior. I couldn't believe how the man was talking to her on the speakerphone.It's a hard situation especially with 2000 for something that is not yours and it can affect your credit so badly.  Try filing a report and go from there like the previous poster said,

[diabla]

I'm sorry!  I was hoping it was the same CA I worked with and I could have given you my agent's name (I say "my" like we're friends, lol).   She was great to work with and we did a PFD over the phone.  I wish I could have helped.  I'll let the others guide you since I have nothing to offer.  Sorry!

[sperrin]

Diabla, what agency were you using?

[Anonymous]

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@diabla wrote:

I'm sorry!  I was hoping it was the same CA I worked with and I could have given you my agent's name (I say "my" like we're friends, lol).   She was great to work with and we did a PFD over the phone.  I wish I could have helped.  I'll let the others guide you since I have nothing to offer.  Sorry!

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Thanks anyway!

[diabla]

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@sperrin wrote:

Diabla, what agency were you using?

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Southwest Collections was the name.