topic Re: Old collection in Rebuilding Your Credit

Old collection

Anonymous — Tue, 17 Nov 2015 20:55:37 GMT

Hi all, I have been reading some about DV letters, but don't know what I can do... I have one collection that doesn't belong to me... I didn't find out it existed for 2 years because I didn't check my credit until I was buying a house...

It is related to a company that charged me for house repairs after said house was sold... Not my debt, period... When I called the company and the collection agency on it, they refused to delete the charge... The company went as far as to say that since I had hired them in the past, they could bill me for this repair...

The BBB and Attorney General' offices are worthless in this matter... Any help is very appreciated

Thanks

Re: Old collection

ddemari — Tue, 17 Nov 2015 21:27:07 GMT

Where is this collection reporting? To Experian, TransUnion or Equifax? Or all three?

You want to file a dispute with each of the CRA's, EX, TU and EQ if it is reporting to all of them.

When you file the dispute, you simply indicate that this collection/ file does not belong to you. They will investiage and get back to you in writing or via email and provide you with a new credit report.

Definitely google, disputing info on my credit report and dispute the collection with the accordiny CRA.

Re: Old collection

RobertEG — Tue, 17 Nov 2015 21:37:15 GMT

A DV is unlikely to have any effect at this point in time.

A request for debt validation is a debt collection practices procedure that imposes a cease collection bar on a debt collector IF it is timely.

A timely DV must be sent within 30 days after receipt of dunning notice.

In your case, I would presume that the debt collector sent dunning notice some time ago, which means any DV at this point would be untimely.

However, even if timely, a DV does not require the debt collector to respond within any period (or even to respond at all). As long as they dont continue any further collectin activities, they can choose not to provide the requested debt validation.

Assuming you have some documentation to support your assertion that you never had any debt with them, you can file a dispute under the FCRA, either directly with the debt collector or via the CRA to which the collection is reported, disputing the accuracy of their reporting of a collection since there is no debt in fact upon which to base any collection on a delinquent debt.

The debt collector will then be required to conduct a "reasonable investigation" of the accuracy of their reporing.

Chances are that they will contact the OC and most likely accept their assertion that they had authority to charge you for the repairs.

You will then obtain a decision on the dispute that verifies the accuracy of their reporting based on their investigation.

While that would not seem to get you anywhere, it is nonetheless a required prerequisite to then bringing legal action against the creditor and/or debt collector for not conducting a reasonable investigation, in that they have no factual basis rto show they did the alleged repairs.

The need to first obtain their investigation of a dispute is that a consumer is precluded under the FCRA for bringing their own civil action asserting knowing or negligent reporting of inaccurate information to a CRA. However, a consumer can file a dispute, get the results of their investigation of the dispute,and then bring civil action asseting a lack of reasonable investigation. Then you can get your and their facts before a court, and get a binding decision by a judge.

In summary, in my opinion, you are unlikely to obtain any favorable decision by use of either the DV or FCRA dispute processes, and will need to get the contested facts before a court/judge. To do that, you must first have a finding of verification of a dispute of the accuracy of their reporting.

Re: Old collection

Anonymous — Tue, 17 Nov 2015 21:57:13 GMT

Thanks... It's only on TU... I have all the paperwork from the company and from the Mortgage escrow company clearly showing the closing date and the repair date, which was 5 months later... I sent said paperwork to TU Twice, and to each collection agency once... (2nd collection agency now)

It's blatantly obvious with those dates, and TU won't do a thing about it... I really want to sue, but a lawyer would probably cost more than the charge

Re: Old collection

RobertEG — Tue, 17 Nov 2015 22:19:48 GMT

That is the purpose of small claims court.... to enable small fish to swim in the big pond.

Yuo might call the office of the clerk of the court for info and forms requried to bring your own legal action. You may find it simpler than you fear.....

Re: Old collection

Anonymous — Tue, 17 Nov 2015 22:39:50 GMT

I have thought about small claims, but I really want to rake them over the coals... I'm still in the mid 700 range, but I can't get a credit card at Costco, so it just infuriates me... I'm equally upset with TU... I want to sue them as well