topic Re: Need Help in Disputing Collection Record in General Credit Topics

Need Help in Disputing Collection Record

Anonymous — Sat, 05 Apr 2008 15:51:26 GMT

Need help from experts here:

I am about to make a home purchase in the next 6 months. As such, I purchased myFICO's 3-in-1 products. I found a collection record that I was never aware of: My Equifax shows a collection of $27 assigned on Dec 2005 but reported Mar 2008. I checked my Equifax report in Jan this year and it was not there. I never received any collection letter of this amount, and it is just werid to see such a long hiatus between assign and report date, if it did happen...

My question: FICO gives me the dispute channel. However, is there a way to find the detailed info (e.g. name, contact, etc.) of the collection agency? If I did incur the collection unawares, I want to settle it first. If not, contacting the collection agency is still preferable since the credit bureaus are just siphoning info from it.

By the way, approximately how many points does one collection incident take off the score? And does paying off the collection improve the score versus leaving it dangling there?

Thanks a lot!

Message Edited by sisu1996 on 04-05-2008 08:51 AM

Re: Need Help in Disputing Collection Record

Anonymous — Sun, 06 Apr 2008 01:44:02 GMT

Because this is being reported by a CA you would send them a DV letter CMRRR

They have 30 days to answer or stop all collections (including reporting)

If or when they answer make sure that it is your debt!!!! also check your state & see if CAs must be licensed or bonded....if so are they?

make all the changes needed on this letter do not sign it just type your name

CERTIFIED MAIL #: _______________________________________________________
Your Name
Your Address
YourTown,, State ZipCode

Debt Collection Company Name
Their address
Town, State ZipCode

Date:

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on DATE. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.
All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:
• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.
I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

Best Regards,

Your Name

Of course never sign the DV

Re: Need Help in Disputing Collection Record

Anonymous — Mon, 07 Apr 2008 19:24:01 GMT

Thanks for the template. I definitely will use it. However, I cannot use it yet. My credit reports only shows a "code name" (e.g. 146yc00000) for the debt collection company without any additional information. I don't know its full name and address. How could I find out?

Re: Need Help in Disputing Collection Record

Anonymous — Mon, 07 Apr 2008 19:26:02 GMT

It should be on your CR....the weird account # usually means that it is medical

Re: Need Help in Disputing Collection Record

Anonymous — Mon, 07 Apr 2008 20:20:48 GMT

I have gone over the reports several times. All pertinent info regarding collection is as follows:

The collection agency "146yc00000" was hired to collect a debt of $27 originally owed to "Not reported" on account number "15OP".

Is this normal? I cannot find a way to know the full name and contact info of the collection agency based on the reports...

Re: Need Help in Disputing Collection Record

Anonymous — Wed, 25 Aug 2010 03:23:51 GMT

Hi,

Just wanted to see if you found what was it. I just got a collection reported on my credit report with the same collection agency 146yc00000 and no more useful info. I have no clue what it might be, since I religiosly try to keep my credit clean. Also on the market for a new house.

Please let me know.

Thanks in advance

Re: Need Help in Disputing Collection Record

llecs — Wed, 25 Aug 2010 03:48:17 GMT

@Anonymous wrote:

Hi,

Just wanted to see if you found what was it. I just got a collection reported on my credit report with the same collection agency 146yc00000 and no more useful info. I have no clue what it might be, since I religiosly try to keep my credit clean. Also on the market for a new house.

Please let me know.

Thanks in advance

Unfortunately (or fortunately depending on how you look at it), myFICO and other 3rd-party report providers will sometimes mask the OC and CA's name, possibly out of privacy. Sometimes, but not always, this could indicate a medical collection. To know who it could be for sure, you'd need to pull your CR directly from the CRA(s). You can do so for free once a year via annualcreditreport.com.

Re: Need Help in Disputing Collection Record

RobertEG — Wed, 25 Aug 2010 04:40:36 GMT

DV letters under FDCPA 809(b) relate to collection activities, and not directly to dispting credit reporting. Credit reporting disputes are handled under the FCRA.. I am not saying dont send a DV. Just dont consider it a dispute.

If you DV the debt collector, that only requires them to cease further activiities until such time, of their choosing, that they provide requirement elements of verification (the name and address of the OC, and the asserted amount of the debt). You cant require response from them within 30-days, and cant demand CR deletion based on expiration of a period you set for them to respond. Most of the other suggested "full media validation" items demanded are not required elements of response to a DV letter. They are discoverble items in pre-trial court proceedings, but are not mandated byt the FDCPA.

One example is requring them to provide proof of SOL. Assertion of expiration of SOL as a basis in court for opposing a legal action, requires proof on your part, not theirs. It is not their job to develop your potential legal defense. Also, you have no right to demand 30-days from a DV response by them to evaluate their response, and demand the continued cessation of collection activities during this "evaluation period."

If dispute of their posting to your CR is your goal, you should send a dispute under FCRA 611(a) to the FCRA, or send a dispute directly to the CA under FCRA 623(a)(8) (so-called "direct dispute"). This process both requries a period for their response, with the outcome of CR deletion for failure to timely respond within 30/45 days. DV letters require neither of those.

Re: Need Help in Disputing Collection Record

Anonymous — Wed, 25 Aug 2010 06:28:34 GMT

A timely FDCPA DV request mandates cesation of all collection activities. Credit bureau reporting is a collection activity and, as such, must cease pending a proper reply, if any, to the DV request.

Re: Need Help in Disputing Collection Record

Anonymous — Wed, 25 Aug 2010 06:43:49 GMT

@Anonymous wrote:
Because this is being reported by a CA   you would send them a DV letter   CMRRR

They have 30 days to answer or stop all collections (including reporting)

If or when they answer make sure that it is your debt!!!!   also check your state & see if CAs must be licensed or bonded....if so are they?

make all the changes needed on this letter     do not sign it just type your name

CERTIFIED MAIL #: _______________________________________________________
Your Name
Your Address
YourTown,, State ZipCode

Debt Collection Company Name
Their address
Town, State ZipCode

Date:

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on DATE. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.
All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:
• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.
I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

Best Regards,

Your Name

Of course never sign the DV

This letter is kind of funny ... mostly for the reasons Robert has already pointed out.

It is settled law that any idea that a proper response to a timely made DV must contain anything more that the original creditor's name, the amount of the alleged debt, a reconciliation of the amount above and beyond the principal owed and, if applicable, documentation of any judgment is but an old wives tale.

Once a proper DV response is made, the debtor can be immediately and without further notice subject to all lawful collection activities. That the debtor has 30 days to "investigate" the DV response is also not true.

I think Robert has written a model DV request before which was simple and to the point. I would do a search to find it and use it. Were I an attorney for a creditor and received the above letter I would probably post it on the office's bulletin board for all to have a look.

Re: Need Help in Disputing Collection Record

Anonymous — Wed, 25 Aug 2010 07:11:11 GMT

I just want to share with you all from my past experience when I tried to dispute collection accounts, charge-offs, late payments, etc. in 2009 using online template. Most of my disputes came back unsucessfully. I continued to dispute with the credit bureaus for over 3 months hoping they would at least delete something, but nothing happened. I received letters from Experian informed me that they will not re-investigate on verified items. It was very hopeless to continue, so I began to seek some help with Lexington Law firm. I called Lex Law, and have a free consultation with them. They tried to convince me to sign up with $99 down in addition to monthly fees between $50-100, and promised most of my collections and charge-offs will be deleted within 3-6 months. I wasn't convinced, so I told them I would pay up to $1000 up-front with a written contract if they successfuly remove all negatives in my reports.....Lex Law refused....they're pretty much a scammer. Don't think because they're law firm means they can do better than you can. In fact, anything they can do, you can do better....that's my believe. ( I learned that the hard way in real life...with Orthodontics. The ones who do the job right the first time, ones with experience will most likely won't charge you a consultation fee at all).

For the last two months, I decided to give it a try again. This time, I wrote my own unique template. Just make the template as short as possible so that it takes less than 20 seconds for the reader to get the detail. Dispute 1-2 accounts or negative marks at a time. Don't try to be greedy to save time by disputing multiple items at a time. [Just remember the concept of a female wearing her skirt: long enough to cover the detail, and short enough to make it looks interesting].

OP: if I were you, since you didn't recognize the chargeoff account is mine. I would purchase the credit reports from all 3 credit bureaus, and then dispute any inaccurate items using the traditional $0.44 stamp and send it to all 3 credit bureaus. You don't need to waste money using certified mail. There is also the fourth credit bureau called Innovis (innovis.com). You might want to make sure they report your info accurate too.

Good luck to you

Re: Need Help in Disputing Collection Record

RobertEG — Sun, 29 Aug 2010 05:45:14 GMT

Suggested DV letter (send,of course, only to the CA, and not the CRAs), tailored to your facts:

"This is a request, under FDCPA 809(b), for debt validation. This is not a dispute under FCRCA 611(a) or 623(a)(8).

"As a preliminary identification of the debt and of your reporting of collection therof, it relates to a collection account that you reported to the credit bureaus back in March, 2008, witth the following identifying information:

(account no, etc, as identified in your credit report)

"I am at a distinct disadvantage in filing of this debt validation request due to your failiure to have ever provided me proper collection (dunning) notice under FDCPA 809(a), as was your requirement to have done within 5-days of posting this collection to my credit file more than two years ago.

"Notwithstanding your apparent violation of FDCPA 809(a), I have now obtained your correspondence address, and thus forward this timely debt validation notice to you. I will leave the issue of your FDCPA violation for separate complaints on my part to the FTC and my state attorney general.

"I request, under FDCPA 809(b), verification of the debt, along with the name and address of the original creditor.

"Under the provisions of FDCPA 809(b)., you are required to cease all further collection activiies related to this alleged debt until such time as you have provided me the requested validation."

Re: Need Help in Disputing Collection Record

AndySoCal — Tue, 31 Aug 2010 02:38:20 GMT

This is definitaly a medical collection account. The way it is reporting of it because of the FACT Act. T=You should be able to cal lEquifax and get the original creditor and collection agency from them.

Re: Need Help in Disputing Collection Record

Anonymous — Tue, 31 Aug 2010 12:14:33 GMT

Yes, I called the buro and it turned out it is a medical collection for $150. It was from a hospital we went from time to time for emergencies. The thing is that they always collect the co-payments on the spot - you can't leave without aranging the payments due. We have never got a bill from them either and the buro said the service occured Ma 1 2008. I am disputing it with Equifax now and I guess I should call Experian and Trans Union too.

Re: Need Help in Disputing Collection Record

Anonymous — Sat, 02 Oct 2010 14:48:03 GMT

I am furious! I just got the results of the dispute saying: "This creditor has verified to Equifax that the balance is being reported correctly." I guess they are saying the collection stays as it is on my report. But I have not disputed the correctness of the reporting - I can't say if it is right or wrong, since I have never received a bulling statement telling me what is it for. Never got a call, letter or anything... We've probably went after that for other services and no one said anything!!! What can I do from this point on? In the letter the bureau also says:

"If you still disagree with an item after it has been verified, you may send to us a brief statement, not to exceed one hundred words (two hundred words for Maine
residents), explaining the nature of your dispute. Your statement will become part of your credit file and will be disclosed each time that your credit file is accessed.
If the reinvestigation results in a change to or deletion of the information you are concerned about, or you submit a statement in accordance with the preceding
paragraph, you have the right to request that we send your revised credit file to any company that received your credit file in the past six months (twelve months for
California, Colorado, Maryland, New Jersey and New York residents) for any purpose or in the past two years for employment purposes."

Obviously, I can request re-investigation, but this time I should be more careful how I approach that I guess. Is there something else I can\should do? It does not make sense this to be lawful and not fare at all. How does one know he owes something if noone tells him that?

Please help!

Re: Need Help in Disputing Collection Record

Anonymous — Sun, 03 Oct 2010 14:06:34 GMT

@Anonymous wrote:
I am furious! I just got the results of the dispute saying: "This creditor has verified to Equifax that the balance is being reported correctly." I guess they are saying the collection stays as it is on my report. But I have not disputed the correctness of the reporting - I can't say if it is right or wrong, since I have never received a bulling statement telling me what is it for. Never got a call, letter or anything... We've probably went after that for other services and no one said anything!!! What can I do from this point on? In the letter the bureau also says:

"If you still disagree with an item after it has been verified, you may send to us a brief statement, not to exceed one hundred words (two hundred words for Maine
residents), explaining the nature of your dispute. Your statement will become part of your credit file and will be disclosed each time that your credit file is accessed.
If the reinvestigation results in a change to or deletion of the information you are concerned about, or you submit a statement in accordance with the preceding
paragraph, you have the right to request that we send your revised credit file to any company that received your credit file in the past six months (twelve months for
California, Colorado, Maryland, New Jersey and New York residents) for any purpose or in the past two years for employment purposes."

Obviously, I can request re-investigation, but this time I should be more careful how I approach that I guess. Is there something else I can\should do? It does not make sense this to be lawful and not fare at all. How does one know he owes something if noone tells him that?

Please help!

It's no surprising. As long as the creditor tells the credit bureau (CRA) the tradeline is accurate, the CRA does not delete it. Your beef is with the creditor, not the CRA on this one.

Have you moved or changed address since the date they say you incurred the debt and now? Have you sent a DV request to the collection agency?

I would also start looking for proof that you paid the hospital the co-pay.

Re: Need Help in Disputing Collection Record

Anonymous — Sun, 03 Oct 2010 12:41:56 GMT

Yes we moved June 2010 to a different state, but the service or whatever it is they say occurred May 2008. For 2 years we have not heard anything from the creditor\hospital. We tried to find out if we made a payment, but can't locate it at this point. It is most probably a co-payment, but we don't think the co-payments ever went to $150 with the insurance we had. What we remember is that for the 10 times or so we've been there they do not discharge you before you pay whatever it is needed to be paid.

I am going to write a DV letter using one of the templates provided in this post.

Should I call ether the creditor or the CA at this point on the phone? Or I must not.

Re: Need Help in Disputing Collection Record

Anonymous — Sun, 03 Oct 2010 14:16:47 GMT

@Anonymous wrote:
Yes we moved June 2010 to a different state, but the service or whatever it is they say occurred May 2008. For 2 years we have not heard anything from the creditor\hospital. We tried to find out if we made a payment, but can't locate it at this point. It is most probably a co-payment, but we don't think the co-payments ever went to $150 with the insurance we had. What we remember is that for the 10 times or so we've been there they do not discharge you before you pay whatever it is needed to be paid.

I am going to write a DV letter using one of the templates provided in this post.

Should I call ether the creditor or the CA at this point on the phone? Or I must not.

IMO there are three things to take care of:

1. Is the OC correct in their claim that you owe them this money.

2. Can the CA try and collect on the debt.

3. Eliminating the damage to your credit report.

There is a chance that the medical service provider has made a billing error. I would contact the OC and seek documentation on the charges and then look for records showing that you paid them. If you cannot show that they have been paid and the hospital doesn't admit to a billing error, you may be stuck having to pay.

DV the CA. If you submit a DV within 30 days of first dunning, they must cease collection activities until they respond to your DV request. At this point sometimes this means the tradeline must be removed from your credit report.

If you ultimately are stuck with the debt, negotiate with whomever is reporting a pay-for-delete. You offer to pay them the debt for their guarantee to remove the tradeline completely from your credit report.

There is also a HIPPA process for medical debts, but I am unfamiliar with that process. Others here can steer you in the right direction regarding HIPPA.

Re: Need Help in Disputing Collection Record

RobertEG — Tue, 05 Oct 2010 05:24:36 GMT

Another, amongst many reasons, of why I would never, ever, as a consumer, dspute accuracy of credit reporting by going through the CRA dispute process under FCRA 611(a). Dont dispute through a CRA!

The CRAs reduce your reasons and information supporting your dispute to a three digit code under their automated e-Oscar dispute process before sending anything to the creditor who reported the informatilon, and thus who is the real party at the heart of the disputed information. The CRA rarely, if ever, includes your supporting documentation when referring it to the credtior through e-Oscar for their response. Then they get a coded response back from the creditor under the e-Oscar process, which again, is just a three digit code.. Then the CRA has a right to do their own "reinvetigation." It is, in my opinion, a totally stupid dspute process. It will, in well over 90% of disputes, result in a mere rejection of your dispute. And it wll seriously prejudice your rights for a renewed dispute.

That is EXACTLY why the new direct dispute process under FCRA 623(a)(8) now exists. It became fully effective on 7/1/2010. It allows you to totally bypass the CRAs in any dispute, and directly forward your arguments and documentation to the creditor/CA. If consumers use it, then it will totally kill both the sanitization of their e-Oscar process, and any other decision making that the CRA previously made under FCRA 611(a).

Here is what you have to provide as a notice of direct dispute to the party who has posted to your credit report:

“This is a Notice of Direct Dispute with you, under the provisions of FCRA 623(a)(8)(D), of the accuracy of information you have posted to my credit file.

“In compliance with FCRA 623(a)(8)(D), this Notice includes:

“Identification of the specific information being disputed:

(specify the account(s) numbers, and the specific information being disputed)

“Basis for the dispute:

(how the reporting was inaccurate)

“Supporting documentation:

(all documents that support your dispute; make sure to include,

as part of your documentation, a copy of the portion of your

recent credit report showing their reporting of the disputed information)

“Under the provisions of FCRA 623(a)(8)(E), you have the duty to review all of the information in my notice of dispute, and to complete your investigation, and report back to me within 30-days of my notice of dispute..”

DV letters are not dispute letters. They are collection practice letters. Sure, send a DV letter, but if the basic information is disputed, DV letters dont address that.

And you cant DV an OC, and thus is not a means to adress the accuracy of their original reporting.

You must also dispute to address the root issue.