How to find who opened the collection account

[Anonymous]

Thanks

Here is what the collection agency did.

On the experian report, they did an inquiry (listed just like all of the other routine inquiries from my credit cards)  Inquiry was dated 12/23

On the equifax report, they put on the collection notice.  Notice was dated Jan 1.

 I have not received any communication from the collection agency.

 I can make the case that the initial communication was Jan 1. and they violated the 5 day rule..  

I can also make a case that the collection agency is trying to "wait" 30 days to then assume the debt is valid.

 Any thoughts?

Thanks. 

[Anonymous]

You need to take it one step at a time.  First, dispute directly to Equifax.  Under the FCRA they are required to reinvestigate and reverify the information within 30 days of receipt (so keep your green card).  Dispute both the inquiry and the account itself.  The inquiry because they were unauthorized to make it and the account because it isn't yours.

After the 30 days expires, if you still haven't heard from Equifax, shoot over another, stronger letter demanding that the info be deleted as the info wasn't verified in the necessary timelines.  Then move to dealing with the collector directly.  Send them a Debt Validation letter and notify them that they are inaccurately reporting the information to Equifax.  You may need to call to make some progress with them. 

The fact of the matter is that the debt collector is violating both the FCRA and the FDCPA by incorrectly reporting to Equifax after they've been put on notice.  As mentioned in earlier posts, you can also file a complaint with the FTC (and let the CRA and collector know it) among other things.  Hope this helps.   

[Junejer]

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scredit wrote:

You need to take it one step at a time.  First, dispute directly to Equifax.  Under the FCRA they are required to reinvestigate and reverify the information within 30 days of receipt (so keep your green card).  Dispute both the inquiry and the account itself.  The inquiry because they were unauthorized to make it and the account because it isn't yours.

After the 30 days expires, if you still haven't heard from Equifax, shoot over another, stronger letter demanding that the info be deleted as the info wasn't verified in the necessary timelines.  Then move to dealing with the collector directly.  Send them a Debt Validation letter and notify them that they are inaccurately reporting the information to Equifax.  You may need to call to make some progress with them. 

The fact of the matter is that the debt collector is violating both the FCRA and the FDCPA by incorrectly reporting to Equifax after they've been put on notice.  As mentioned in earlier posts, you can also file a complaint with the FTC (and let the CRA and collector know it) among other things.  Hope this helps.   

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Hi scredit, many members have noticed that disputing directly with the CRA is near futile.  E-Oscar is the preferred method of verification--usually comes back verified.

Also, I ALWAYS recommend that the consumer only deal with CAs in writing.  Bad things have happened to those who speak with them over the phone.  Before they know it, they have admitted to something, committed to something or both.

[Anonymous]

Thanks everyone for your help.

I have letters queued up for

AG in my state

AG in CA's state

FTC

BB

I have disputed with Equifax.

I have letters written but will not send  to the CA.

I am going to contact the major telecommunications firm where the debt originated.  Three years ago, a subsidiary of the exact same firm contacted me about potential fraudulent activity by an identity thief (the fraud alert on my accounts stopped this from happening)  They should have a record of that (I do, along with the police report I initially filed)

[Anonymous]

I'd agree with that advice ByrdMan.  Thanks for the good suggestions.

-scredit

[ScoreBooster]

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@RobertEG wrote:
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?

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I'm wondering how a CA could actually prove they have sent out such a letter. So far, I never received communication of a CA via certified mail....

[Junejer]

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ScoreBooster wrote:

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@RobertEG wrote:
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?

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I'm wondering how a CA could actually prove they have sent out such a letter. So far, I never received communication of a CA via certified mail....

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Bingo. They never do and if they send it to the wrong address, then they would certainly lose that case in a court of law.