Verizon battle begins...

[Anonymous]

I've come a long way from the 500s to getting close to the 700s in less than 7 months.  I have two bummer issues left.  Verizon $584 (Acct 2010 reporting TU/EQ) and Credit Protection Association $128 (Acct 2011 reporting EQ).  Neither have responded to my multiple DVs, requests for information via e-mails and letters sent certified mail w/ return receipts.

With recent success from EOS-CCA, I decided to go the BBB route.  

Today, 14 days after filing BBB complaint, I received a phone call from Verizon.  She stated the purpose of the call was to address the BBB complaint.  I explained my multiple attempts to get information regarding this account as I don't believe I own the account.  She stated Verizon has always responded to my DVs.  We reconfirmed my PO Box. I told her I genuinely have never received communication and I wanted this resolved ASAP.  She replied with "the ball is in your court."  I asked what she meant by that as I have never received communication, have continued to spend $5 at a time to send a letter to get a piece of paper back to confirm it got there but never a written response.  

She said she could review the account on the phone.  I explained to her I needed written explaination/proof of the account.  She responded with 'that's not how we do business, if I resolved every issue in writing we wouldn't get much done.'   I bit my tongue.  With the tone and attitude displayed on the phone we were getting no where, I simply requested that they send a DV certified mail to make sure it got to me and we would go from there.  She said she will 'try' to have it resent certified/return receipt and gave me her name and direct line.  

(I hate speaking to reps because I get upset after, but stayed calm, collected, a little short after 'balls in your court' comment.) 

So now I wait. If anyone needs this executive's name/direct line please send me a PM..

I do not own this account as I've always had AT&T and recently Sprint.  I'm aware of the SOLs, but truly don't own this debt and want it vanished.   I want everything in writing because I want it resolved ASAP and if I need legal assitance I need to get everything on paper.  I have already contacted police dept community line to see how to go about if this was an account created through identity theft and they said I would have to have a copy of the contract/billing info to file.  

[madmann26]

Good luck!

I'm fighting my own battle with PRA atm.

[RobertEG]

First, the consumer has no right under either the FCRA or the FDCPA to request debt verification from a creditor.  Debt verification is a debt collection practices matter under the FDCPA that applies only to debt collectors.

Original creditors have a responsibility for billing customers, which is inherently their assertion of accuracy of a debt.  You can contact them informally and request verification of anything you want, but their failure to provide any additional verification is not a matter under the control of the FCRA or FDCPA.

They apparently have information in their files that provides basis for their assertion that you are the consumer that owes the debt.  You can dispute, but the fact that they are asserting the debt is a good indication that they will simply verify the accuracy as a conclusion of a dispute. 

If the account/debt is not yours, they most likely dont have information to support that assertion, so their verification is most likely not frivolous, and they are not required under the dispute process to provide documentary support for their verification.

To address this dilema, the FCRA provides an identity theft process, which enables the consumer, should they put their assertion that an account was never authorized by them into a sworn police report, to get the information blocked from their credit report (FCRA 605B) and to send that police report to the creditor, which then compels them to provide all business records pertaining to that account (FCRA 609(e)).

If you are willing to put your assertion that you did not authorize the account into a sworn police report, then you open up a mini-discovery right that requires the creditor to provide documentation.  Absent that step, you dont have recourse under the FCRA, and being a creditor, no recourse under the FDCPA.

[Anonymous]

Verizon claims I have an account with them, negative non the less.  

I am asking for proof, I've never had an account with them.  Never lived at the address the account is said to be made.  

That's all.  

Verizon has agreed to send info after numberous requests.  That's where I'm at.  

[RobertEG]

It's certainly prudent to ask them for documentation, and just plain 'ole good business for them to work with you.

My point is that using either the FCRA or FDCPA as basis for asserting any failure to do so is a vioation of those statutes is not a course I would recommend.

As a business practices issue, the BBB was probably a good idea.  That's a non-statutory process that might have influence.

[Shogun]

Seems like a lot of work is being done, but they are not addressing your prime question.  Is this debt mine?  If you have never owned the account with them, then I would suggest filing a police report and sending that in.  

[RobertEG]

From their perspective, they do believe that they have records to support your responsibility for the debt, so if they choose not to provide documentation, the onus is on the consumer to force them to do so. 

Outside of initiating civil action to compel discovery, the use of the FCRA identity theft process provides, via section 609(e), the consumer right to compel them to provide the requested documentation without the need to first file suit.

If informal request dont work,that would be my next step.

[Anonymous]

They responded to the BBB one day before deadline. Stating they have sent DVs and only have received 1/3 requests and included her direct line making it sound like we came to an agreement on the phone(?).  I responded with rejection, and attached copies of the letters with pdf of signed return receipts free copies of the green SIGNED/STAMPED return receipts.  Stating I was simply asking for more information about this debt like a contract etc.

[sphinx313]

I wish I could get Verizon to go away. I'll just have to pay them when I go for a home loan.

[kaymom]

Verizon is reporting on my CR. The account was opened in 2005. I paid them in 2010, which my CR has as the last date of activity. I don't know when it originally went into collections, but I'm assuming it was 2008 or 2009. Do you think if I send the a GW would they delete? I have tried calling times after time, but had no luck.