How to find who opened the collection account

[Anonymous]

I check my credit report and have  collection account and no one concted me abt this ..... so please let me know how to find out who opened the collection ....

[Anonymous]

get a real report directly from the CRA and it will contain all the information you need, including the original creditor..

if you have received no dunning letter within 5 days from the appearance of this tradeline on your credit report, the CA is in violation of FDCPA sect 809, and owe you $1,000 in statutory fines for each CRA they report to.

Once you have the name and the date, you should file complaints about the violation with the FTC, the BBB and AGs in both states, yours and the CA's.

then send a DV letter CMRRR to the CRA, and you should also send an ITS letter CMRRR for the FDCPA violation.

[RobertEG]

Once a CA posts to your CR, they have only 5 days under FDCPA 809(a) to send you formal notification of their collection activity, and your rights to contest.  This is commonly called a "dunning letter." Did they do this?

[Anonymous]

I'm in a similar situation as the original poster.

I need help in how to proceed effectively.

When I received my free fico score in the recent promotion, I noticed that the Equifax score was low (about 100-120 points lower than what I expected).   

It says that a collection agency has been hired to collect a debt which was posted to my report Jan 1 2009.   I have no knowledge of this debt, and I have never been contacted by anyone regarding this, nor have I ever been informed by the collection agency or Equifax.

It appears that the report has only been sent into Equifax because my credit scores are 825 (Experian) , 793 Transunion, and 688 Equifax. 

I've been a victim of ID theft for over 3 years and have used fraud alerts consistently to keep the criminals from applying for credit in my name.  It appears that something has slipped through.

I am having a hard time getting my credit reports online (because I have placed the fraud alerts).  The Suze Orman FICO Kit I purchased (@50% off)  really does not give official credit reports.

In the Equifax credit report through (myfico), it doesn't list the collection agency's name (just some cryptic numbers).  I can make out the name of the company to which the debt is allegedly owed, but that is somewhat cryptic. 

I was able to get my experian report.  It does list a collection agency who recently viewed my report (days before the collection record was posted to my account)

So what do I do?  

I have already sent a dispute letter to Equifax.  

Do I contact the collection agency who viewed my report?  (I have 99% confidence that this is the company who placed the collection on my report)

Do I contact the company to whom the debt is allegedly owed?

What laws did the collection agency and other company have been broken by not contacting me before they destroyed my credit?

I can use help because I am wanting to refi my house soon, and this collection report will prevent me from getting the excellent rates I deserve.

Thanks in advance.

Steve 

[Anonymous]

Is it 5 days after the actual listing or 5 days after a hard inquiry?

[Anonymous]

The inquiry took place on December 23 2008 - the collection agency reported this on Jan 1 2009.

So i guess it has been 18 days on my credit report.  26 days since they looked at my file. 

[Anonymous]

time to kick off the letters as stated in my earlier post.

[Anonymous]

Demed,

Thanks for your help.  I am a newbie at this.  I have a final question.  In reading FDCPA section 809 section a  :

----------------------  

Within five days after the initial communication with a

consumer in connection with the collection of any debt,

a debt collector shall, unless the following information is

contained in the initial communication or the consumer has

paid the debt, send the consumer a written notice containing—

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days

after receipt of the notice, disputes the validity of the

debt, or any portion thereof, the debt will be assumed

to be valid by the debt collector;

-------------------------- 

 Since the collection agency never contacted me, does the 5 day rule even apply?  They should have contacted me, but they never did.  I don't see anything in the FDCPA regarding the timeliness of the initial communication.  

Thanks. 

[Anonymous]

did they post a tradeline to your credit report? thus they initiated communication with the consumer.

posting a tradeline to your credit report is like going to your neighbors looking for you stating they are collecting a debt. it is considered initial communication and fully fledged collection activity.

it is a sneaky tactic to start collection, tanking consumer scores, without taking the legal steps to inform the consumer....

[Anonymous]

it is a sneaky tactic to start collection, tanking consumer scores, without taking the legal steps to inform the consumer....

I would imagine this is illegal also. If it isn't it should be.