topic Re: Ability Recovery - so frustrated I’m shaking in Rebuilding Your Credit

Ability Recovery - so frustrated I’m shaking

princesspinkie — Mon, 28 Sep 2020 16:25:58 GMT

Ability Recovery has recently placed a collection on my Equifax and TransUnion reports. They have never contacted me.

I disputed the collection with the bureaus because I KNOW they are invalid. They both came back as validated - how?! The supposed collection is for a company I haven't done business with in over a decade, and I know all my accounts were in good standing when closed.

So I call the CA. I asked the rep for an email address or good mailing address where I could send in a request for validation information/ a Dunning. She was RUDE, said "well you ADMITTED this was yours when you said you did business with this company a decade ago". I tried to explain to her I was just looking for an account number so I could adequately address the issue. She was hyper rude and HUNG UP ON ME.

I dug out my oldest credit report here on myFICO and it shows the company in question and the date of last activity as December 2010. I'm in Tennessee, even if I did burn them it's past reporting and collection time of seven years.

I have worked SO HARD on my credit and I was finally in a great place, thanks to better behavior learned from this forum. I'm so upset right now. I don't know what to do.

Re: Ability Recovery - so frustrated I’m shaking

Brian_Earl_Spilner — Mon, 28 Sep 2020 16:30:17 GMT

File a complaint with the CFPB and contact a consumer protection attorney so you can sue them.

Re: Ability Recovery - so frustrated I’m shaking

coreysw12 — Mon, 28 Sep 2020 17:15:00 GMT

Call the two credit bureaus and explain the situation. I believe that you're correct that even if the debt is valid, it should be too old to be included on your reports, and well beyond the SOL.

There are perhaps other avenues available for you to use as well, hopefully others can chime in. (Edit: I see @Brian_Earl_Spilner posted some additional good suggestions above)

Re: Ability Recovery - so frustrated I’m shaking

blindambition — Mon, 28 Sep 2020 17:35:07 GMT

@Brian_Earl_Spilner wrote:
File a complaint with the CFPB and contact a consumer protection attorney so you can sue them.

In addition to this, most state AG have a Consumer Protection bureau. File a complaint with them as well. It puts them on the radar.

Re: Ability Recovery - so frustrated I’m shaking

Anonymous — Mon, 28 Sep 2020 17:52:47 GMT

What is the business that you originally defaulted on (ex: bank, utility, medical)?

any other contact with the collector should be in writing. Bring your old reports to a consumer attorney in your state (not a BK attorney). You can send your documented report to the CFPB and/or your state AG or consumer protection office (if they have one in TN).

Document the time of call you recently had and look on your phone for the time duration of call and document that, as well as the CSR's name if you remember.

again, it would help if we knew if the debt was from a bank, utility, student loan or medical.

ps- just because you acknowledge doing business with someone in the past does not mean you acknowledge having a past due balance

Re: Ability Recovery - so frustrated I’m shaking

princesspinkie — Tue, 29 Sep 2020 01:18:33 GMT

The old debt was with World Finance, one of those loan sharky high cost loan services that cater to those with little credit history. I can see on my old report the account was listed as "pays as agreed" and is NOT a negative indicator. And again, the 2010 issue.

Should I send in the old report to the bureaus in a new dispute, or try to DV them into giving me a supposed account number to strengthen my case?

Thank you so much to everyone who has replied. It really helps me not feel so alone.

Re: Ability Recovery - so frustrated I’m shaking

Anonymous — Tue, 29 Sep 2020 01:44:19 GMT

Does the old report show the account as being closed in 2010 with full repayment?

Re: Ability Recovery - so frustrated I’m shaking

princesspinkie — Tue, 29 Sep 2020 01:59:31 GMT

It shows closed, $0 balance, date of last activity December 2010.

Re: Ability Recovery - so frustrated I’m shaking

Anonymous — Tue, 29 Sep 2020 02:03:14 GMT

Fire it off to the two bureaus in question along with a letter stating the account was closed in good standing, there's nothing to collect, and the reporting period is long gone already. If they don't clear it, file with the CFPB. Send everything CMRRR so signatures are provided to prove the letters were received.

Re: Ability Recovery - so frustrated I’m shaking

RobertEG — Tue, 29 Sep 2020 05:00:41 GMT

The FDCPA DV process is likely not the way to go.

A consumer only has the right to debt validation if the request is filed after and within 30 days of receipt of a dunning notice. In the posted scenario, either the dunning notice was sent more than 30 days ago, or else no dunning notice was ever sent, which in either event means no right to the DV process. FDCPA 809.

Additionally, and most important is that even if your DV request is timely, it does not compel any period for or requirment to send validation. It only imposes a bar on the debt collector for thereafter continuing to attempt to collect on the debt until they have first sent the timely-requested validation.

They can choose never to respond.

The more appropriate path in the current scenario is the filing of civil action to obtain review by the court of the reasonableness of their prior verifcation of accuracy that occured in your prior dispute under the FCRA.

That begins compulsory periods of discovery and ultimate decison by the courts.

Re: Ability Recovery - so frustrated I’m shaking

tnhomestead — Tue, 29 Sep 2020 12:42:46 GMT

Check your report carefully, I have an account showing that looks good - but the last 3 months of delinquent payments have been removed because they are over 7 years old. Have a dispute with the collection agency on that right now. Hope this helps!

Re: Ability Recovery - so frustrated I’m shaking

princesspinkie — Wed, 07 Oct 2020 12:17:34 GMT

Equifax and Experian both denied my second dispute with a MyFICO credit report attached from several years showing status, no word from TransUnion yet.

I am so frustrated- what is the burden of proof here? It looks like they can just type up a convincing fraudulent Word document if they feel like ruining someone's credit report.

I'm thinking about calling the CA again today to try to get the supposed account number (recorded this time in case I need it). Then the OC to see if they will send me any record of my old account. I'm at a loss.

Re: Ability Recovery - so frustrated I’m shaking

Anonymous — Thu, 08 Oct 2020 11:41:12 GMT

Also dots complaint with the BBB