Verizon Wireless - Collection Agency MRS

[Anonymous]

Verizon Wireless is reporting one account on two different credit reports at different amounts.  I have contacted Verizon Wireless on two different occasions via certified mail/return receipt for DV with no response and again Friday threatening to go to BBB as my attempts to communicate haven't been acknowledged.  I included my past letters with copies of the certified mail receipts and return receipts in the last correspondance with Verizon on Friday.  

This morning, I was at my parents home and answered their phone.  It was M.R.S. asking for me, I asked what this was concerning and they said my debt with Verizon Wireless and it needed to be resolved immediately or lawful action will be presued.  I'm aware that you get nowhere talking to a CA, but I explained my multiple attempts to contact Verizon and the CA asked me why I haven't gone in to a Verizon Wireless store.  I stated I wanted to have the debt validated with copy of a contract/correspondance Verizon sent as I have no knowledge of this account nor debt until I pulled my CR.  The CA asked why I wanted to be difficult as they were giving me an out to resolve the debt now.  Also that they've communicated via USPS, I asked them to verify my address, which they did (my PO Box I provided in my correspondance to validate the debt).  I then asked when they sent any letters, they said since the beginning of this month.  I asked, "this month, as in November?" he answered, "Yes, we sent you a letter November 3."  I confirmed the date as November 6th, in which he replied, "I suppose, regardless you need to address this matter or you will face legal issues."  

I nicely said, "you're right, I need to seek legal consultation in this matter, as no one seems to want to verfy this debt and it seems like a violation with FCRA.  Multiple attempts to contact the original creditor and now to deal with you folks.  Please do not contact me at this number and solely communicate with me at the address we previously discussed."

So now what?  I guess I need to wait for MRS's letter to respond with a DV?  

Should I mail copies of my attempts to validate with verizon to the CRAs?

I'm totally aware I wasted my breath on the phone. 

[Anonymous]

Should I sent this with copies of my DV/CertifiedMailReceipts? 

Your Name
Your Address
City, State, Zip

Date

Credit Bureau Name
Address
City, State, Zip

RE: Account XXXXX-XXXX-XXXXX

Dear Sir/Madam:

I am writing to dispute the account referenced above. I have disputed this account information as inaccurate with you, and you have come back to me and stated you were able to verify this debt. How is this possible? Under the laws of the FDCPA, I have contacted the collection agency myself and have been unable to get them to verify that this is indeed my debt. 

I enclose copies of my requests to the collection agency, asking them to validate my debts, and the receipts showing that I sent these letter certified signature request. This debt is not mine and I was given no evidence of my obligation to pay this debt to this collection agency.

The FCRA requires you to verify the validity of the item within 30 days. If the validity can not be verified, you are obligated by law to remove the item. There is a clear case of unverified debt here, and I urge you to remove this item before I am forced to take legal action.

In the event that you can not verify the item pursuant to the FCRA, and you continue to list the disputed item on my credit report I will find it necessary to sue you for actual damages and declaratory relief under the FCRA. According to this regulation, I may sue you in any qualified state or federal court, including small claims court in my area.

While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FCRA. 

I look forward to an uneventful resolution of this matter. 

Sincerely, 

(signature)
SSN#

[llecs]

The two different amounts, assuming it's the same account, could be due to interest and/or fees. Sometimes they don't update will all 3 CRAs at the same time and you'll see that stagger. Also Verizon doesn't update monthly  and only does so every now and then.

Verizon doesn't have to respond to a DV. DVs only go to CAs.

If Verizon still reports a balance, then ignore MRS. MRS is only assigned to collect and they won't report. Verizon probably kicked up their collection efforts after the DV. If you were to send a DV to MRS, they'll stop bugging you, but Verizon will pass it to someone else. Eventually they'll sell the debt and either report $0 or delete. You don't need to wait for a dunning letter from MRS to send a DV.

If not yours, then call the police and use the police report to dispute. That'll get Verizon off.

Per your 2nd post, I personally wouldn't send the letter for reasons mentioned. I'll also add that DVing has nothing to do with the FCRA and disputes.

[Anonymous]

I'll file a police report then, I've never had Verizon.  

[RobertEG]

My advice....

With respect to the OC, sending them a DV did nothing as far as either the FDCPA or FCRA are concerned.  The proper procedure for requiring their investigation and response is via the FCRA dispute process.  DVs are a debt collector practices process, and dont apply to OCs.

I would not get the CRA involved.  Their role in the dispute process is to foward your dispute to the creditor, receive their reponse, and if the creditor verifies the accuracy (i.e., states that it is accurate), they conclude the dispute.  They arent a court, and just parrot verification provided to them.

I would send a direct dispute to the OC, requiring them to respond within 30'ish days.

If they verify, which does not require them to "prove" anything, you have an unresolved difference of opinion, but you at least have them on record as stating that they have conducted a reasonable investigation of accuracy.  Important should litigation later occur, brought by either you or the creditor.

Meanwhile, if your dispute involves your sincere conviction that you never had the account asserted to show a debt, you can put that statement into the form of a sworn police report, which opens up the powerful FCRA identity theft protections.  By simply sending a copy of the police report to the CRA, you can get immediate blocking of their prior reporting from your CR  FCRA 605B.  Then, by sending a copy to the creditor, you can compel a mini-legal discovery of their business records pertaining to the account under the provisions of FCRA 609(e).

As for the debt collector, send them an immediate DV, which requires them to obtain verification of accuracy from the OC.  Again, no proofs required, but you at least get both parties on record as stating they have conducted an investigation of indebtedness, and confirmed that their records support you as the debtor.  The DV, until responded to,also blocks any further collection activities by the debt collector, including any calls.

As for BBB complaints, sure, send one if you wish.  However, only the FTC has statutory authority to invoke sanctions or take legal action for FCRA or FDCPA violations, so they should be your first avenue of formal complaint.