topic Collection Agency Listing Inaccuracies on CR---Need Help in Rebuilding Your Credit

Collection Agency Listing Inaccuracies on CR---Need Help

Anonymous — Wed, 20 Dec 2017 23:57:48 GMT

I am currently cleaning up a 2 collections, I am first starting with the OC, but these 2 CAs are listing inaccuracies on my CR. I wanted to know if I can dispute those the same way as a OC? Should I take my complaint to the BBB?

Any and all advice welcome!

Re: Collection Agency Listing Inaccuracies on CR---Need Help

Adkins — Thu, 21 Dec 2017 16:09:03 GMT

@Anonymous wrote:
I am currently cleaning up a 2 collections, I am first starting with the OC, but these 2 CAs are listing inaccuracies on my CR. I wanted to know if I can dispute those the same way as a OC? Should I take my complaint to the BBB?

Any and all advice welcome!

Please list the collections (remove any identify information) and point out the inaccuracies.

Re: Collection Agency Listing Inaccuracies on CR---Need Help

Anonymous — Fri, 22 Dec 2017 21:26:58 GMT

I'm not sure I understand your advice, would you please clarify?

Re: Collection Agency Listing Inaccuracies on CR---Need Help

Adkins — Sun, 24 Dec 2017 15:21:50 GMT

@Anonymous wrote:
I'm not sure I understand your advice, would you please clarify?

I want you to list the collection and then tell us what you think is inaccurate about it. Sometimes people think they way things are listed on the credit reports are inaccurate but the accounts are in fact reporting correctly. Or there is truly something wrong with the amoun of the collection,t or dates, etc. Your initial post is very vague, and lacks any details about the inaccuracies on your credit reports and we need specific information about the collection in order to try and help.

Re: Collection Agency Listing Inaccuracies on CR---Need Help

Anonymous — Sun, 24 Dec 2017 17:50:52 GMT

Gotcha: Here you go. I am using Identity IQ credit report

LVNV -- CREDIT ONE

Experian: Account Type: Open Account--Account Detail: Unknown, credit extension, review or collection.----DO: 5/1/17----Payment Status: Collections/Charge off---Payments Listed on graph: July-Dec Charge Off . ---Last Reported 12/4/17---Date Last Active: 7/1/17---Payment: Nothing Listed Date of Last Payment: Nothing Listed
Equifax: Account Type: Open Account---Account Detail: Collection---DO: 5/1/17----Payment Status: Late 120 Days---Payments listed on graph: May OK, June OK, July OK, Aug 120, Sept OK, Oct-Nothing listed, Nov-Nothing Listed, Dec-Nothing Listed.
Transunion: Account Type: Collection--Account Detail: Collection---DO: 5/16/17----Payment Status: Collection/Charge Off---Payments Lisited on graph: Nothing ----Last Reported 10/31/17----Date of Last Payment: Nothing Listed

LVNV FINGERHUT

Experian: Account Type: Open Account---Account Detail: Unknown, credit extension, review or collection.---DO: 5/1/17---Payment Status: Collection Charge Off---Payment Listed on graph: Aug CO, Sept CO, Oct CO, Nov CO, Dec CO---Last Reported: 12/4/17---Date Last Active: 8/1/17---Date of Last Payment: Nothing listed
Equifax: Account Type: Open Account---Account Detail: Collection----DO: 5/1/17---Payment Status: Late 120 Days---Payment listed on graph: Sept OK, Aug OK, Oct-Dec nothing listed---Last Reported: 10/1/17---Date Last Active: 10/1/16---Date of Last Payment: 10/1/2016
Transunion: Account Type: Collection---Account Detail: Collection---DO: 5/26/17---Payment Status: Collection/Charge Off---No payments listed on graph---Last Report: 10/31/2017--Date Last Active: 10/31/17---Date Last Active: nothing listed.

Re: Collection Agency Listing Inaccuracies on CR---Need Help

Adkins — Sun, 24 Dec 2017 21:07:06 GMT

@Anonymous wrote:
Gotcha: Here you go. I am using Identity IQ credit report

LVNV -- CREDIT ONE
Experian: Account Type: Open Account--Account Detail: Unknown, credit extension, review or collection.----DO: 5/1/17----Payment Status: Collections/Charge off---Payments Listed on graph: July-Dec Charge Off . ---Last Reported 12/4/17---Date Last Active: 7/1/17---Payment: Nothing Listed Date of Last Payment: Nothing Listed
Equifax: Account Type: Open Account---Account Detail: Collection---DO: 5/1/17----Payment Status: Late 120 Days---Payments listed on graph: May OK, June OK, July OK, Aug 120, Sept OK, Oct-Nothing listed, Nov-Nothing Listed, Dec-Nothing Listed.
Transunion: Account Type: Collection--Account Detail: Collection---DO: 5/16/17----Payment Status: Collection/Charge Off---Payments Lisited on graph: Nothing ----Last Reported 10/31/17----Date of Last Payment: Nothing Listed

LVNV FINGERHUT
Experian: Account Type: Open Account---Account Detail: Unknown, credit extension, review or collection.---DO: 5/1/17---Payment Status: Collection Charge Off---Payment Listed on graph: Aug CO, Sept CO, Oct CO, Nov CO, Dec CO---Last Reported: 12/4/17---Date Last Active: 8/1/17---Date of Last Payment: Nothing listed
Equifax: Account Type: Open Account---Account Detail: Collection----DO: 5/1/17---Payment Status: Late 120 Days---Payment listed on graph: Sept OK, Aug OK, Oct-Dec nothing listed---Last Reported: 10/1/17---Date Last Active: 10/1/16---Date of Last Payment: 10/1/2016
Transunion: Account Type: Collection---Account Detail: Collection---DO: 5/26/17---Payment Status: Collection/Charge Off---No payments listed on graph---Last Report: 10/31/2017--Date Last Active: 10/31/17---Date Last Active: nothing listed.

And what part of report are you disputing?

Re: Collection Agency Listing Inaccuracies on CR---Need Help

Anonymous — Sun, 24 Dec 2017 22:04:45 GMT

I'm disputing the inaccuracies from both accounts. The payments listed, dates, etc.... each CRA is reporting differnt ALL across the board. The collection agency has listed differnet information with each CRA. The CRA is to report accurate information. I have written them several times and they keep saying the information has been verified correct. I have contacted LVNV several times and they aren't responding with a DV.

Re: Collection Agency Listing Inaccuracies on CR---Need Help

Adkins — Mon, 25 Dec 2017 13:49:57 GMT

I'll I can see from the information there is a few of the dates are a little off but not by much. If you feel they are all truly wrong, I suggest contacting your state attorneys general's office (especially if the CA isn't responding to a DV letter - you are sending everything certified, return receipt, right? So there's a paper trail?) about getting the CRAs to listen to you.

Re: Collection Agency Listing Inaccuracies on CR---Need Help

Anonymous — Mon, 25 Dec 2017 16:34:19 GMT

I'm sorry, but this is frustrating. There are more than just dates. The information is being reported wrong, I can see this, its very obvious. The bottom line is all 3 CRA have different information. I wasn't sure how to deal with this and who to report to, since the CRA isn't very helpful.

I'll ask someone else.....

Re: Collection Agency Listing Inaccuracies on CR---Need Help

Remedios — Mon, 25 Dec 2017 19:16:55 GMT

If you re-read what Adkins wrote, he suggested several steps you can take to resolve inaccurate items in your report.

Re: Collection Agency Listing Inaccuracies on CR---Need Help

Anonymous — Mon, 25 Dec 2017 20:22:08 GMT

I did, and his suggestion was not based on prior experience. It was a random..."you could try this or that", I was hoping to find someone with experience regarding my concern.

Re: Collection Agency Listing Inaccuracies on CR---Need Help

RobertEG — Mon, 25 Dec 2017 23:54:17 GMT

Some reported information should be the same when reported to each CRA, while other information has discretionary reporting.

Date Opened for a collection represents the date that the debt collector obtained their collection authority, and thus represents a factual date that should be consistent regardless of which CRA it is reported to.

However, payment history historically is not required to be the same with each CRA. Reporting of payment history derogs is not mandatory, and a furnisher can choose to selectively report or not report to a given CRA. A dispute that asserts reporting should be consistent will usually result in the furnisher reporting each and every derog to each CRA, and usually leaves the consumer with more reported derogs.

Additionally, delinquencies do not occur for a collection, and when included in a credit report under the collection banner are usually not reported by the debt collector, but rather summarized from the OC account history, so dispute of delinquencies shown under a collection is often responded to by the debt collector as information they did not report.

Date of last activity is not an item that I would dispute, as the date of your last activity is not separately reported as a specific furnisher reporting, but rather is posted by the vendor of your credit report based on their review of your report.

You can certainly dispute any item of information that you consider inaccurate, and obtain an investigation, but items such as Date Opened for a collection have no substantive effect on scoring, and disputes of inconsistency as an inaccuracy are often not worth the time and effort.

Finally, disputes of invidual items only result in verification, correction, or in some cases, deletion, of that individual item of information.

Pursuing disputes of information under a collection, unless the dispute is based on an allegation of no debt in fact, will not result in any removal of the collection, and may not be worth the effort.

As for lack of response to a DV, there is no requirment under the FDCPA that a debt collector respond to a DV request.

The requirement is that, if the DV was timely, the debt collector must cease further collection activities until they first send validation.

They can choose to remain under any cease collection bar without any requirment to respond. Thus, lack of response to a DV under the FDCPA is not basis for a complaint or civil action.

Re: Collection Agency Listing Inaccuracies on CR---Need Help

Anonymous — Tue, 26 Dec 2017 03:44:16 GMT

I thought a collection agency must notify you regarding a account prior to reporting?

Re: Collection Agency Listing Inaccuracies on CR---Need Help

RobertEG — Tue, 26 Dec 2017 07:47:24 GMT

No, there is no requirement that a debt collector provide any notice to a consumer prior to reporting their collection.

FDCPA 809(a) requires that they send a collection ("dunning") notice, but only after they have initiated communication with the consumer.

Re: Collection Agency Listing Inaccuracies on CR---Need Help

Anonymous — Thu, 28 Dec 2017 18:36:41 GMT

Thats just it, I've never received anything. No notification of anything.

Re: Collection Agency Listing Inaccuracies on CR---Need Help

RobertEG — Thu, 28 Dec 2017 19:12:34 GMT

Failure to send timely dunning notice (i.e., within 5 days after any initial communication with the consumer regarding the debt) is a violation of FDCPA 809(a), or which you can file a complaint with the CFPB and/or bring your own civil action seeking statutory damages.

However, it is a debt collection practices matter, resolution of which does not make any credit reporting inaccurate or require its deletion.

Dunning notice requirment is not a pre-condition to credit reporting, and is not basis for requiring removal of reporting.

If a debt collector never sent dunning notice, then any debt validation request sent by the consumer remains timely. FDCPA 809(b).

It is only by sending a proper dunning notice, which advises the consumer of their right to request debt validation, that a 30-day timeliness requirment for a DV request is established.

Thus, if they have not sent a proper dunning notice, you still have the right to request debt validation, which will impose a cease collection bar on the debt collector, which will then remain in effect until such time as they choose to send validation.

To that extent (i.e., ability to still impose a cease collection bar), lack of proper dunning notice is actually an advantage to a consumer.

Re: Collection Agency Listing Inaccuracies on CR---Need Help

Anonymous — Thu, 28 Dec 2017 19:29:34 GMT

Any suggestion on how I should proceed? I would like to get these off my CR.

Re: Collection Agency Listing Inaccuracies on CR---Need Help

Anonymous — Fri, 29 Dec 2017 19:32:22 GMT

I have no personal experience with LVNV (I'm assuming that is the collection agency) but use the search feature to look into past posts in this community and you will likely find others that have dealt with them. Some CA's are willing to do a pay for delete (PFD) so you can write them a letter attempting to negotiate that. Make sure you send it certified and request a return receipt. Even if you don't get the receipt back (I never did) you can track it. There are many PFD letter templates online that you can adjust to suit your needs.

PFD is the gold standard as it eliminates the debt and the negative reporting.