topic Re: Experian keeps verifying a collection that isn't mine. in Rebuilding Your Credit

Experian keeps verifying a collection that isn't mine.

CreditGuy03 — Fri, 15 May 2015 17:09:50 GMT

I have a collection pop up on my report about 4 months ago with no luck. I have dv'ed with no response. I have disputed with Experian and they keep verifying it as mine.

I have a very common name like "Joe Smith" so Im pretty sure they put something on my credit from another joe smith. How do I know this? Because the doctor's office they are collecting for I have never heard of or used a day in my life.

How does experian keep doing this legally? What do I do? I have contacted the CFPB and experian has found a lazy loophole that says the investigate and verify. So they cant be held accountable for their actions by the CFPB.

Re: Experian keeps verifying a collection that isn't mine.

Anonymous — Fri, 15 May 2015 17:15:32 GMT

Have you requested validation and specific information with EXp and CFPB?

1) Signed agreement of billing or charges for services rendered?

2) Validation via insurance or social sec # at time of service?

3) Any proof like a drivers license copy (most docs and hospitals make photo copies when you go in)

4) Date and time of service ?

Re: Experian keeps verifying a collection that isn't mine.

CreditGuy03 — Fri, 15 May 2015 18:29:52 GMT

Yep no response from CA

Experian wont send that information. Just sends that report has been updated and now they refuse to reinvestigate

Re: Experian keeps verifying a collection that isn't mine.

Anonymous — Fri, 15 May 2015 18:37:52 GMT

CreditGuy03 wrote:

Yep no response from CA

Experian wont send that information. Just sends that report has been updated and now they refuse to reinvestigate

I would then file a complaint with the CFPB against the CA and Experian as well as a BBB complaint against both also. As good measure contact your State Attorney General office .

Mind you , be certain that this *really* isnt a debt you incurred. And if you are 100% sure, ring their bell across the board CFPB/BBB/State AG Office , in writing certified mail and online. I would also pursue any other remedies (financial and legal) if necessary.

Re: Experian keeps verifying a collection that isn't mine.

Anonymous — Fri, 15 May 2015 19:07:36 GMT

I am currently experiencing the same situation with a debt from Verizon that is not mine. I have disputed the debt with Experian and Equifax. Both CRAs have returned results as being validated.

I spoke with CFPB today and they said, since they could not assist against the original creditor to resubmit the complaint against the CRAs. Sorry if I missed it, but if you haven't already, file a complaint against the CRAs (1 for each bureau) and INCLUDE DOCUMENTATION. The documents will greatly improve your odds. I have documentation, but since my complaint is against an original creditor that does not deal in financial services, they could not help me.

Also, check to see if the company is accredited with the BBB. If so, file a complaint against them there.

Check FTC.gov. They will let you know if they can accept your complaint, and if not - will let you know which agency.

Also, check your states .gov site and go about submitting a complaint there...

Hope this helps.

Re: Experian keeps verifying a collection that isn't mine.

2b2rich — Fri, 15 May 2015 19:49:33 GMT

@CreditGuy03 wrote:
I have a collection pop up on my report about 4 months ago with no luck. I have dv'ed with no response. I have disputed with Experian and they keep verifying it as mine.

I have a very common name like "Joe Smith" so Im pretty sure they put something on my credit from another joe smith. How do I know this? Because the doctor's office they are collecting for I have never heard of or used a day in my life.

How does experian keep doing this legally? What do I do? I have contacted the CFPB and experian has found a lazy loophole that says the investigate and verify. So they cant be held accountable for their actions by the CFPB.

If this really isn't your bill (and I have no reason to doubt you), and you've gone through all of the proper process for disputing, etc) then maybe you need to contact this doctor and let them know that their CA has put one of their patient's bills on your report. Request them to verify that you are not the patient who owes this and to then notify the CA they are reporting it to the wrong consumer's file.

I can't imagine the medical group not helping you there, but if they don't you can let them know that you are moving forward with what ever legal action it takes, as a victim of Fair Credit Reporting violations.

You could also file a complaint with the Cfpb. The CA may not want to validate because giving you copies of another consumer's private documents (medical related even) is a huge violation.

Re: Experian keeps verifying a collection that isn't mine.

gdale6 — Fri, 15 May 2015 21:47:41 GMT

If its not yours OP just use the ID Theft laws to get it removed from your reports and quit fooling around with all this other stuff. Good luck

http://ficoforums.myfico.com/t5/General-Credit-Topics/Victim-of-Identity-Theft-What-To-Do-to-Protect-Yourself/td-p/2059499

Re: Experian keeps verifying a collection that isn't mine.

CreditGuy03 — Fri, 15 May 2015 22:03:49 GMT

I didn't know about the id theft laws thanks. Ill go that route.

Re: Experian keeps verifying a collection that isn't mine.

RobertEG — Sat, 16 May 2015 00:19:55 GMT

You had/have two different processes going on.

The DV process involves only you and the debt collector. The CRA is not a party to any request for debt validation.

A debt collector has no requirment to or period for response to a DV request, so there is no violation of the FDCPA based on lack of response to the DV.

The process of filing a dispute with the CRA involves identification os some inaccuracy in the reporting by the debt collector.

Presumably, you asserted the inaccuracy was your owing any debt.

The CRA sends the dispute to the debt collector, who must investigate and respond back to the CRA. If their investigation has adequate basis for their determination that you are resonsible for the debt, they can verify. They are not required to provide proofs to the CRA. The CRA, absent any other information, will rely upon the verifcation provided by the debt collector in reaching their decision on verification of the dispute.

Your issue is whether the debt collector's documenatatin is adequate to support their verification.

The CFPB has no way of independently making a determiantion that it is not.

You would need to get the matter before a court, and use the discovery process to obtain their documentation and a decison on the facts.

The FCRA dispute process and the CFPB complaitn process are not legal fact finding judicial processes.

As suggested,you avoid all of the legal issues of proofs by using the identity theft process to get the inforamtion blocked from your credit report.

The debt collector is not part of that process, which relies only on your sworn statement.

Re: Experian keeps verifying a collection that isn't mine.

Anonymous — Sat, 16 May 2015 02:16:07 GMT

I have been dealing with a very similar situation. Medical collections are a completely different issue because of privacy laws. Experian won't do anything, period. Junk debt buyers aka CA's can't verify details of medical claims which is why they respond to a DV with a generic authorization form to release information. They don't have the information! If they did, it would be a violation of hipaa. If you sign the form, they use that form to obtain your data and/or medical records. I refuse to sign any authorization to a collection agency so I am going in circles. It is mind boggling how many medical collections are in error because they are trying to match information with data dumps to create collections. I don't know how true it is but I have read on a few finance/credit blogs that if you opt out, your information isn't included in data dumps to junk debt buyers.

On my collection, I have furnished EQ and EX every piece of information they could imagine, including proof I was in a different state not only on the date of service they are verifying but 9 months of that year! Experian stated in my investigation response they won't provide any information I requested to show me it is my collection. My next step is to file complaints.

Equifax actually did investigate like I asked with the same very thorough documentation and removed it. Good luck! If you have any luck filing complaints, keep us posted!

Re: Experian keeps verifying a collection that isn't mine.

Anonymous — Thu, 21 May 2015 11:55:26 GMT

@CreditGuy03 wrote:
I have a collection pop up on my report about 4 months ago with no luck. I have dv'ed with no response. I have disputed with Experian and they keep verifying it as mine.

I have a very common name like "Joe Smith" so Im pretty sure they put something on my credit from another joe smith. How do I know this? Because the doctor's office they are collecting for I have never heard of or used a day in my life.

How does experian keep doing this legally? What do I do? I have contacted the CFPB and experian has found a lazy loophole that says the investigate and verify. So they cant be held accountable for their actions by the CFPB.

Just throwing it out there as an experienced health insurance employee who's heard this particular statement 100's of times - try to think back and see if you went to the doctor or a hospital (ANY doctor or hospital) at around this time. If so, even if it's not the one on the collection, you may want to contact your insurance company, or the original creditor, because it's possible that the doctor or hospital ran labs/radiology/pathology/etc that they sent out to another doctor that you never saw (and indeed, never heard of). We had this happen all the time - when a patient goes to the doctor, they may only see one doctor, but can easily end up with multiple bills for services that were done behind the scenes.

Just something to think about. I can imagine how frustrating it is if it is a mistake. I, too, have an extremely common name, and I'll never forget the day I got a bill for a colonoscopy - when I was 20! Needless to say, it wasn't mine. I was able to get it taken care of, but I definitely feel your pain!

Re: Experian keeps verifying a collection that isn't mine.

Anonymous — Thu, 21 May 2015 15:49:45 GMT

@Anonymous wrote:
I have been dealing with a very similar situation. Medical collections are a completely different issue because of privacy laws. Experian won't do anything, period. Junk debt buyers aka CA's can't verify details of medical claims which is why they respond to a DV with a generic authorization form to release information. They don't have the information! If they did, it would be a violation of hipaa. If you sign the form, they use that form to obtain your data and/or medical records. I refuse to sign any authorization to a collection agency so I am going in circles. It is mind boggling how many medical collections are in error because they are trying to match information with data dumps to create collections. I don't know how true it is but I have read on a few finance/credit blogs that if you opt out, your information isn't included in data dumps to junk debt buyers.

On my collection, I have furnished EQ and EX every piece of information they could imagine, including proof I was in a different state not only on the date of service they are verifying but 9 months of that year! Experian stated in my investigation response they won't provide any information I requested to show me it is my collection. My next step is to file complaints.

Equifax actually did investigate like I asked with the same very thorough documentation and removed it. Good luck! If you have any luck filing complaints, keep us posted!

You are going about it all wrong. If you KNOW that the debt does not belong to you, then USE THE ID THEFT PROVISION OF FCRA. You do not have prove ID Theft has occurred - only that it MAY have occurred because you have items showing up on your reports that you KNOW are not yours.

Re: Experian keeps verifying a collection that isn't mine.

RobertEG — Thu, 21 May 2015 16:33:21 GMT

The FCRA accepts an assertion, as opposed to any need for proofs, by requiring the consumer to file a police report in support of an assertion of an account/transaction not mine. That weeds out idle assertions, as the filing of a police report carries with it criminal penalties for any knowingly flalse statements contained therein.