topic Re: How to find who opened the collection account in General Credit Topics

How to find who opened the collection account

Anonymous — Fri, 16 Jan 2009 03:49:34 GMT

I check my credit report and have collection account and no one concted me abt this ..... so please let me know how to find out who opened the collection ....

Re: How to find who opened the collection account

Anonymous — Fri, 16 Jan 2009 03:58:52 GMT

get a real report directly from the CRA and it will contain all the information you need, including the original creditor..

if you have received no dunning letter within 5 days from the appearance of this tradeline on your credit report, the CA is in violation of FDCPA sect 809, and owe you $1,000 in statutory fines for each CRA they report to.

Once you have the name and the date, you should file complaints about the violation with the FTC, the BBB and AGs in both states, yours and the CA's.

then send a DV letter CMRRR to the CRA, and you should also send an ITS letter CMRRR for the FDCPA violation.

Re: How to find who opened the collection account

RobertEG — Fri, 16 Jan 2009 08:36:02 GMT

Once a CA posts to your CR, they have only 5 days under FDCPA 809(a) to send you formal notification of their collection activity, and your rights to contest. This is commonly called a "dunning letter." Did they do this?

Re: How to find who opened the collection account

Anonymous — Sun, 18 Jan 2009 20:05:20 GMT

I'm in a similar situation as the original poster.

I need help in how to proceed effectively.

When I received my free fico score in the recent promotion, I noticed that the Equifax score was low (about 100-120 points lower than what I expected).

It says that a collection agency has been hired to collect a debt which was posted to my report Jan 1 2009. I have no knowledge of this debt, and I have never been contacted by anyone regarding this, nor have I ever been informed by the collection agency or Equifax.

It appears that the report has only been sent into Equifax because my credit scores are 825 (Experian) , 793 Transunion, and 688 Equifax.

I've been a victim of ID theft for over 3 years and have used fraud alerts consistently to keep the criminals from applying for credit in my name. It appears that something has slipped through.

I am having a hard time getting my credit reports online (because I have placed the fraud alerts). The Suze Orman FICO Kit I purchased (@50% off) really does not give official credit reports.

In the Equifax credit report through (myfico), it doesn't list the collection agency's name (just some cryptic numbers). I can make out the name of the company to which the debt is allegedly owed, but that is somewhat cryptic.

I was able to get my experian report. It does list a collection agency who recently viewed my report (days before the collection record was posted to my account)

So what do I do?

I have already sent a dispute letter to Equifax.

Do I contact the collection agency who viewed my report? (I have 99% confidence that this is the company who placed the collection on my report)

Do I contact the company to whom the debt is allegedly owed?

What laws did the collection agency and other company have been broken by not contacting me before they destroyed my credit?

I can use help because I am wanting to refi my house soon, and this collection report will prevent me from getting the excellent rates I deserve.

Thanks in advance.

Steve

Re: How to find who opened the collection account

Anonymous — Sun, 18 Jan 2009 20:27:22 GMT

Is it 5 days after the actual listing or 5 days after a hard inquiry?

Re: How to find who opened the collection account

Anonymous — Sun, 18 Jan 2009 20:33:18 GMT

The inquiry took place on December 23 2008 - the collection agency reported this on Jan 1 2009.

So i guess it has been 18 days on my credit report. 26 days since they looked at my file.

Re: How to find who opened the collection account

Anonymous — Sun, 18 Jan 2009 21:25:39 GMT

time to kick off the letters as stated in my earlier post.

Re: How to find who opened the collection account

Anonymous — Mon, 19 Jan 2009 01:09:31 GMT

Demed,

Thanks for your help. I am a newbie at this. I have a final question. In reading FDCPA section 809 section a :

----------------------

Within five days after the initial communication with a

consumer in connection with the collection of any debt,

a debt collector shall, unless the following information is

contained in the initial communication or the consumer has

paid the debt, send the consumer a written notice containing—

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days

after receipt of the notice, disputes the validity of the

debt, or any portion thereof, the debt will be assumed

to be valid by the debt collector;

--------------------------

Since the collection agency never contacted me, does the 5 day rule even apply? They should have contacted me, but they never did. I don't see anything in the FDCPA regarding the timeliness of the initial communication.

Thanks.

Re: How to find who opened the collection account

Anonymous — Mon, 19 Jan 2009 03:10:25 GMT

did they post a tradeline to your credit report? thus they initiated communication with the consumer.

posting a tradeline to your credit report is like going to your neighbors looking for you stating they are collecting a debt. it is considered initial communication and fully fledged collection activity.

it is a sneaky tactic to start collection, tanking consumer scores, without taking the legal steps to inform the consumer....

Re: How to find who opened the collection account

Anonymous — Mon, 19 Jan 2009 19:25:32 GMT

it is a sneaky tactic to start collection, tanking consumer scores, without taking the legal steps to inform the consumer....

I would imagine this is illegal also. If it isn't it should be.

Re: How to find who opened the collection account

Anonymous — Mon, 19 Jan 2009 23:52:08 GMT

Thanks

Here is what the collection agency did.

On the experian report, they did an inquiry (listed just like all of the other routine inquiries from my credit cards) Inquiry was dated 12/23

On the equifax report, they put on the collection notice. Notice was dated Jan 1.

I have not received any communication from the collection agency.

I can make the case that the initial communication was Jan 1. and they violated the 5 day rule..

I can also make a case that the collection agency is trying to "wait" 30 days to then assume the debt is valid.

Any thoughts?

Thanks.

Re: How to find who opened the collection account

Anonymous — Tue, 20 Jan 2009 05:14:19 GMT

You need to take it one step at a time. First, dispute directly to Equifax. Under the FCRA they are required to reinvestigate and reverify the information within 30 days of receipt (so keep your green card). Dispute both the inquiry and the account itself. The inquiry because they were unauthorized to make it and the account because it isn't yours.

After the 30 days expires, if you still haven't heard from Equifax, shoot over another, stronger letter demanding that the info be deleted as the info wasn't verified in the necessary timelines. Then move to dealing with the collector directly. Send them a Debt Validation letter and notify them that they are inaccurately reporting the information to Equifax. You may need to call to make some progress with them.

The fact of the matter is that the debt collector is violating both the FCRA and the FDCPA by incorrectly reporting to Equifax after they've been put on notice. As mentioned in earlier posts, you can also file a complaint with the FTC (and let the CRA and collector know it) among other things. Hope this helps.

Re: How to find who opened the collection account

Junejer — Tue, 20 Jan 2009 05:28:02 GMT

scredit wrote:
You need to take it one step at a time. First, dispute directly to Equifax. Under the FCRA they are required to reinvestigate and reverify the information within 30 days of receipt (so keep your green card). Dispute both the inquiry and the account itself. The inquiry because they were unauthorized to make it and the account because it isn't yours.

After the 30 days expires, if you still haven't heard from Equifax, shoot over another, stronger letter demanding that the info be deleted as the info wasn't verified in the necessary timelines. Then move to dealing with the collector directly. Send them a Debt Validation letter and notify them that they are inaccurately reporting the information to Equifax. You may need to call to make some progress with them.

The fact of the matter is that the debt collector is violating both the FCRA and the FDCPA by incorrectly reporting to Equifax after they've been put on notice. As mentioned in earlier posts, you can also file a complaint with the FTC (and let the CRA and collector know it) among other things. Hope this helps.

Hi scredit, many members have noticed that disputing directly with the CRA is near futile. E-Oscar is the preferred method of verification--usually comes back verified.

Also, I ALWAYS recommend that the consumer only deal with CAs in writing. Bad things have happened to those who speak with them over the phone. Before they know it, they have admitted to something, committed to something or both.

Re: How to find who opened the collection account

Anonymous — Tue, 20 Jan 2009 11:20:41 GMT

Thanks everyone for your help.

I have letters queued up for

AG in my state

AG in CA's state

FTC

I have disputed with Equifax.

I have letters written but will not send to the CA.

I am going to contact the major telecommunications firm where the debt originated. Three years ago, a subsidiary of the exact same firm contacted me about potential fraudulent activity by an identity thief (the fraud alert on my accounts stopped this from happening) They should have a record of that (I do, along with the police report I initially filed)

Re: How to find who opened the collection account

Anonymous — Wed, 21 Jan 2009 04:56:05 GMT

I'd agree with that advice ByrdMan. Thanks for the good suggestions.

-scredit

Re: How to find who opened the collection account

ScoreBooster — Wed, 21 Jan 2009 05:16:53 GMT

@RobertEG wrote:
Once a CA posts to your CR, they have only 5 days under FDCPA 809(a) to send you formal notification of their collection activity, and your rights to contest. This is commonly called a "dunning letter." Did they do this?

I'm wondering how a CA could actually prove they have sent out such a letter. So far, I never received communication of a CA via certified mail....

Re: How to find who opened the collection account

Junejer — Wed, 21 Jan 2009 07:22:39 GMT

ScoreBooster wrote:

@RobertEG wrote:
Once a CA posts to your CR, they have only 5 days under FDCPA 809(a) to send you formal notification of their collection activity, and your rights to contest. This is commonly called a "dunning letter." Did they do this?

I'm wondering how a CA could actually prove they have sent out such a letter. So far, I never received communication of a CA via certified mail....

Bingo. They never do and if they send it to the wrong address, then they would certainly lose that case in a court of law.