Tow company's are crooks!! need advice!

[gdale6]

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@DaveInAZ wrote:

How in the world did a towing company get your Social Security number & date of birth? They would need that to put a collection on your credit report. They can't sell your car without a personal judgement order from a court, you would have been notified of the court hearing by being served a summons by a sheriff or certified mail.

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This info can easily be obtained on the web. It is not neceaary to have either SSN of DOB in order to report to a CRA, SSN is number 6 on the list of identifiers, not sure where DOB falls in there. Name and address is sufficient to report.

[RobertEG]

The dispute process does not require the furnisher to "prove" the accuracy of their reporting, it requires them to conduct a reasonable investigation and report their finding back to either the CRA or to the consumer in the case of a direct dispute. 

Their finding is either that their reporting is accurate, an update to correct any finding of inaccuracy, or  that the reporting cannot be verifified, in case they must delete until such time as they provide correction or verification.

Additionally, since they made you aware of their towing and the process for paying, it is unclear as to what would be the asserted inaccuray in their reporting of the debt that would form the basis for a dispute. 

Rather than disputeing via the FCRA, it would appear more appropriate to bring civil action and prove some violation on their part of the state statutory or regulatory procedures for disposition of the vehicle and the resuling debt obligation of the consumer.  Evidence and proofs are the purview of the courts or of administrative review processes before state agencies.

It does not appear that the FCRA dispute process is the procedure for resolving such issues of proof.

[Anonymous]

Well I just placed a claim with transunuion disputing the collection amount and or recognition of the bill. Doubt these scumb bags keep proper logs or receipt of proof of billing. If it doesn't come off I will sort to small claims to correct this wrong

[Momof5]

They don't need OP's SSN.  All they need is name and address and it will report.

I would DV the CA.  If they sold your car to pay the debt, then there is potentially no debt owing.  If the CA verifies the information they received from the OC, I would challenge the OC on the billing, sale of the car (ie: how much did they sell it for), etc.

[DaveInAZ]

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@Momof5 wrote:

They don't need OP's SSN.  All they need is name and address and it will report.

I would DV the CA.  If they sold your car to pay the debt, then there is potentially no debt owing.  If the CA verifies the information they received from the OC, I would challenge the OC on the billing, sale of the car (ie: how much did they sell it for), etc.

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You're the 2nd person to confirm all they need is name & address to post a collection on someone's credit report. That's pretty scary. The OP said he was moving when the tow occurred, so what if the address they had didn't match the address the CRA had on file? Or what if he has a common name, like John Smith? "Hmmm, bunch of John Smiths here, but none with this address, but I'll bet it's this guy". Using guesswork to post something that will devastate someone's crediut report shouldn't be allowed,

[Anonymous]

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@DaveInAZ wrote:

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@Momof5 wrote:

They don't need OP's SSN.  All they need is name and address and it will report.

I would DV the CA.  If they sold your car to pay the debt, then there is potentially no debt owing.  If the CA verifies the information they received from the OC, I would challenge the OC on the billing, sale of the car (ie: how much did they sell it for), etc.

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You're the 2nd person to confirm all they need is name & address to post a collection on someone's credit report. That's pretty scary. The OP said he was moving when the tow occurred, so what if the address they had didn't match the address the CRA had on file? Or what if he has a common name, like John Smith? "Hmmm, bunch of John Smiths here, but none with this address, but I'll bet it's this guy". Using guesswork to post something that will devastate someone's crediut report shouldn't be allowed,

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You're right, it *shouldn't* be allowed, but it is. Its the main reason an estimated 30% of credit files have "significant errors" that result in reduced scores.

[Anonymous]

So my next point of action if the dispute doesn't work is to DV them? Also to its only showing on my transUnion report only

[RobertEG]

At this point, a DV would most likely be untimely, assuming they sent dunning notice more than 30 days ago.

Even if your DV were still timely, it would only impose a cease collection bar on the debt collector until such time as they voluntarily chose to provide the requested validation.

It would not force validation, or set any time period for them to do so.

You appear to need an independent review of the facts from a party with authority to require submission of all evidence, and with the authority to render a binding decision.

That part is the court.

I would advise consulting with an attorney.

[DueDilligence]

If you don't mind this negative information staying on your credit report till maximum amount of reporting time (depends on where you reside), I would just settle with them. Other wize you are going to have an extremely hard time litigating anything with this company. Especially if they have any contracts with any municipalities.

I know the whole situation is upsetting, but your going to have to move forward on this by resolving it the best way that you can.

[Anonymous]

SOL here in California is 4 years and if correct it'll stay on my report for 7. I'm reaching right around the 4 yr mark. I want it off my report entirely as I'm trying to get approve for a mortgage loan in the next year or so. I'm hoping my dispute settles it all but we'll see.