CA hit my report with an old invalid debt

[Anonymous]

I had a collection agency hit my report on 9/29/09 for a debt that I had paid in 2007, but they didn't attempt to contact me until 10/9/09. Currently my TU score is about 40 points lower due this being on my report. I have already sent them my payment info and am waiting for them to remove it from my report,  however I was wondering how legal it is for them to do this, and if I have any recourse if I suffer adverse action with my other accounts because of this hit to my CR. Any thoughts on this?

Oh and the OC on this debt has previously (in 2008) sent it to collections which I disputed with the same info I sent in this case and that CA stopped with the collections. Any thoughts on how to handle the OC who keeps sending the same paid account to collections?

[IOBA]

If it were me, I would probably send a letter to the OC with proof of payment being received.  Ask where they are coming up with the new information -- almost like a DV letter, but with proof you already paid the debt.  Send it CMRR.

[Anonymous]

I just takled to TU about it, they were about useless, all I can do with them is say I paid it and they don't want any proof of payment at all. I just talked to the OC and those people were even more useless, they told me they couldn't do anything because they didn't own that account anymore.

So anyway I think at this point I may go ahead and send the info to TU and see what they come up with, she already put it in as a dispute, but they don't have any proof I paid it.

I still haven't heard back from the CA, I don't see how they can keep the collection on my report, since they put it there after I sent them the proof I paid it.

I still think I should  possibly file a complaint with the BBB and maybe even talk to a lawyer about the OC, because they keep selling my account.

Any thoughts on this?

[IOBA]

Here, to file a complaint (and be effective) you have to clearly state what the problem is and what resolution you want.  It can not involve a financial settlement.  Then you have to provide documentation on your claim.

Go for it.  You can show that you paid the debt.   You can show that you DV'd the CA.  So, go to the BBB in your town and the CA's town and file a complaint.  You want the CA to cease all communication to you, directly and indirectly.  You want the account closed.  You want the account removed from your credit report.  AND the account NOT to be sold or gifted to another company. 

[Anonymous]

Thanks, I can't believe these people, I was just reading about this on the news, a few states have have added legislation that really nails the companies selling false info to the CA's. Yah i don't want a settlement I just want them to go away

[XAVIERSMAMA]

Have you recently applied for any credit?  This is why it's so important to opt out.  I've been in a similar situation this past year or so because a mortgage inquiry popped up on my report, now every couple of months I have to dispute old CA debts that have been sold and resold repeatedly.  Make sure you opt out if you haven't already.

[Anonymous]

Thanks. That's interesting, I wouldn't have put those together. I went and opted out, but there is something wrong with the way my account is being handled at the OC, because I paid this to the OC well before it ever went to collections, so I have also filed a complaint with the BBB against the original company, and am in the process of speaking to an attorney about it.

All this because this company won't honor it's own agreement with me 

[RobertEG]

I would address it head on, with immediate legal action.  Administrative disputes are getting you nowhere.  That is why we have courts..  No BBB,  No disputes with the CA, OC or CRAs,

I would file immediate legal action against the OC and CA for the CA violation of FDCPA 809(a) for not providing dunning notice within five days of posting to your CR, for the OC referring it for additional collection after your payment to them, and thus your prio discharge of the debt in full, with the resulting harn to your credit score.

Legal fines can be asserted against the OC  and CA, for their violations of the FCRA and FDCPA

Get an attorney.  ASAP. 

[Anonymous]

Not to mention civil damages for you. Go to a good consumer affairs attorney. They specialize in these matters.

[Anonymous]

Thanks for the info, will do