topic Re: Collection Agency won't provide proof nor cease and desist - What to do? in Rebuilding Your Credit

Collection Agency won't provide proof nor cease and desist - What to do?

phxphun — Mon, 19 Apr 2010 18:52:54 GMT

A Collection Agency has reported a 'severely past due' to my credit report for an account that was not mine. The AT&T account had been closed by the true owner in 2006, but apparently had a balance due. I have informed both the CA and AT&T that I will gladly pay the account if they could provide evidence that it was my responsibility. I've asked them for a contract or evidence that I had ever paid a single bill on the account. Both have told me they are unable to provide either. At my request, AT&T has sent me an email stating they do not have a record of my agreement with them.

The CA continues to refuse to remove the collection from my credit report based on the fact that the account-holder's address was my home. (Although the account was not in my name).

Can anyone tell me what my next options are to force them to stop reporting this collection? If I just go ahead and pay it off, will the 90 points it dropped my score revert?

Re: Collection Agency won't provide proof nor cease and desist - What to do?

Anonymous — Mon, 19 Apr 2010 20:16:40 GMT

Send the CA a DV letter. They have no time line to respond, unless you are in TX, but cannot continue collection activity until they do.

Just because the account holder had the same address does not make you responsible.

I would also file complaints with the BBB, your states AG and the FTC. Give them all the facts.

See what happens that route. If they continue to report, send them an ITS letter. Only send it if you really intend to sue them.

Re: Collection Agency won't provide proof nor cease and desist - What to do?

Anonymous — Wed, 21 Apr 2010 04:29:18 GMT

Has all your communication with them been in writing? If not, start your paper trail with the CA by sending them a DV letter. Make sure you've documented all your phone calls with the CA as well as AT&T. Stop talking to the CA on the phone. Request all communication be in writing. You've already gotten that great email from AT&T confirming it's not your debt. Love it. Did you send them a C&D letter as well? If they're still contacting you after that, you can get them for that alone.

When you get the DV reply in writing from the CA with no proof, send your state's AG, the BBB and the FTC a letter explaining your situation as well as copies of all letters from the CA, to the CA, signed green cards, and email from AT&T confirming it's not your debt.

Having a CA say that you're responsible for a debt just because the address you currently live at matches the address of the debt is BS. That would mean every person who has ever lived in your apartment or owned your house before you and didn't pay their debts could then be attibuted to whoever lives there in the future. They're nuts if that's their validation of the debt belonging to you.

I recent sent a package to my state AG, the FTC and BBB with the letters from a CA trying to collect for something isn't mine, my timely responses, all the green cards, their silly "validation" that basically just relisted my name, address, SSN, the supposed creditor name, accnt number and $$$, detailed notes from each call to the creditor listed, and 2 letters from the supposed creditor stating the debt isn't mine, I've never been their customer, and that the account number doesn't even exist. In my case, they collection isn't being reported other than the soft pulls they've done on me. So now I'm waiting to see what response I get from my attorney general's office.

Have you already disputed the debt as not yours with the CRAs? If they can't validate it, and you know they can't by that email, the CRAs have to remove it. If it comes back as confirmed, that's another thing you can print off and include with the package to your AG. Another nail in the CA's coffin.

Anyone else have suggestions? Am I going in the wrong direction or did I miss anything?

Oh yeah, keep all the documentation forever. If this CA deletes and goes away, you just never know if they sell your info on to another junk debt buyer that starts this all over again.

Re: Collection Agency won't provide proof nor cease and desist - What to do?

Anonymous — Wed, 21 Apr 2010 16:53:23 GMT

I would file complaints immediately. No need to wait. It is not the OPs debt.

Re: Collection Agency won't provide proof nor cease and desist - What to do?

phxphun — Fri, 23 Apr 2010 23:01:48 GMT

Thanks guiness56 and boireann.

I will send a DV if it's not too late. This was the first collection notice I've ever received so I did not understand the validation request process. I've now read in another post here that I should have done that within 30 days. The notice makes it sound as if after 30 days it's too late. I spent 60 days just trying to get the facts... now it's nearing 90 days. Should I still send a DV?

Re: Collection Agency won't provide proof nor cease and desist - What to do?

RobertEG — Fri, 23 Apr 2010 23:29:41 GMT

I think the DV route is the wrong /lame path to take.

File a dispute with each CRA under FCRA 611(a). That compels response. A DV letter does not.

Continued ommunications with you are easily dispelled by a simple cease and desist letter under FDCPA 805(b) and (c).