topic Re: Need help with Collection in Rebuilding Your Credit

Need help with Collection

tictoc — Sat, 28 Jan 2012 21:06:39 GMT

Hi guys,

I need some advice..I've been on this site 24/7 and still not sure what to do, I checked my CR and notice I had a collection acct the OC was American Eagle (store CC) and its in the process of getting transferred to Equable Ascent Financi CA so this is where I need advice I called American eagle to see what was going on after receiving the collection notice in the mail AE said that I didn't pay them $10 and had been getting late payments for months but I never once received a called from them or a letter in the mail telling me I owed them in the months I was behind before this had happened I was calling AE to replace my CC which took like 2 months to send so I know they had my correct address but I'm wondering why they never tried to contract me I would of been more then happy to pay them the $10 I owed. So what do I do about this? They never notified me of any outstanding balance by phone or mail and I can't even remember if I even pay them I thought I did since I never received any more bills from them. Any advice???

Re: Need help with Collection

Anonymous — Sat, 28 Jan 2012 22:07:23 GMT

I would ask them for proof of the $10 delinquency, if they cant prove it then you dont owe it!

Re: Need help with Collection

RobertEG — Sat, 28 Jan 2012 22:47:12 GMT

You dont normally have legal basis under the FCRA for requring them to provide proof of the debt.

YOu can dispute it, requriing them to investigate it, but they can issue a finding of verification without providing documentary evidence.

You need to be in court to compel discovery of their internal documentatation. ........ normally.

There is, however, one way to compel documentation. You must assert that the debt was NOT yours, and back it up with a sworn statement in a police report.

It then becomes an issue of possible identity theft related to the debt.

That provides you access to rights set forth in FCRA 609(e) to request their internal business records to support their assertion of debt. That second specifically mentions records of transactions..... i.e. your authorization that led to the $10 transaction. It takes the burden off the consumer to prove a negative. It also provides you the right under FCRA 615(g) to compel information from the debt collector outside of the normal dispute process.

Re: Need help with Collection

tictoc — Wed, 01 Feb 2012 09:38:33 GMT

Sorry for the delayed response I've been a little busy..I think I might of forgot to pay the remaining balance but I can't find my bills so I don't think anyone used my card or anything like that but Im wondering how come AE never tired to reach me and let me know about this debt?? and I made the mistake of making 2 payments already to the CA this was before I found this site How should I go about this? should I ask AE to try and get the account from the CA and I'll do a PFD with AE? I just want these 2 bad accounts off!!!