New Collection hit. Please help

oneboss302 · ‎08-09-2010

Last year I cleaned up all of my collection accounts and had them ALL removed thanks to everyone's help here in the forum.

I one again need some assistance and advice.

Last year I had this account removed by another collector who could not fulfill my request for DV.

Last week I was sent a dunning notice by Enhanced Recovery Services that said I now owe them for this illeged debt. (they obviously bought the account from the other CA)

I immediatly (monday) sent my DV reqest to them CMRRR. Today i get a scorewatch alert that they placed this on my credit report as a collection. Can they do this? Dont they have to cease all collection activities after sending them a DV?

PLEASE HELP!! Dropped my score by almost 40 pts!!!!!

Anonymous · ‎08-09-2010

If they had not received the DV before it was placed on the CR, yes they can.

If it was placed after they signed for it, they are in violation.

oneboss302 · ‎08-09-2010

The letter they sent was dated July 26th and my DV was sent CMRRR on the 2nd of August. In the letter they offered me a settlement of $200 if paid by the 10th of August. I dunno. Seems weird. I guess I will just have to stick this out until they can not provide me with the Info I need in the DV letter. (I know for a fact that they can not prove this debt)

Anonymous · ‎08-09-2010

They don't have to provide much in a DV letter. Who currently has the account and the OC and address if you ask for it or dispute the account.

Since they posted it to your CR before the time had elapsed they specified, it seems they violated their own terms.

oneboss302 · ‎08-09-2010

the OC was Sprint. Midland Credit had it about 2 years ago adn I DV'd them and they could not/would not verrify. I sent another CMRRR to them after the 30 days had passes and told them since they could not verrify they must remove it. It was gone within 1 week of them receiving that letter. The account is currently with Enhanced Collection Services.

Anonymous · ‎08-09-2010

Oneboss do you have proof that sprint should not have charged you this money in the first place??

You may want to gather all the data/records you have you seem pretty sure that it's a bad debt however do you have any solid proof that it is. To quote training day "It's not about what you know it's about what you can prove"

If you do you can send this to your states AG and the BBB specifically stating your case.

Otherwise you blew a perfectly good oppurtunity with the original CA midland who's known to delete paid debts.

Your situation is floating right now, and you can't seem to prevent some future entity from popping up and dinging your credit score. With your current situation you will not be able to guarantee that your fico will stablelize and then improve.

oneboss302 · ‎08-27-2010

I got my response from the CA today. They sent me an itemized bill from them and also included copys of a bill from Sprint dated Feb 2007. they DID NOT send me a copy of any contract (I asked for this too in my DV letter). I need a copy of the conttact that was illegedly signed my me correct? Otherwise I have no knowledge of this account. Has anyone had any luck with ER Solutions and a PFD? I would settle this with them if they agreed to a PFD. this is the ONLY account that keeps haunting me and I will do anything to keep it off my report. I have had ZERO CA's on my report for over a year.

Anonymous · ‎08-27-2010

@oneboss302 wrote:
I got my response from the CA today. They sent me an itemized bill from them and also included copys of a bill from Sprint dated Feb 2007. they DID NOT send me a copy of any contract (I asked for this too in my DV letter). I need a copy of the conttact that was illegedly signed my me correct? Otherwise I have no knowledge of this account. Has anyone had any luck with ER Solutions and a PFD? I would settle this with them if they agreed to a PFD. this is the ONLY account that keeps haunting me and I will do anything to keep it off my report. I have had ZERO CA's on my report for over a year.

Guiness56 was correct when he stated that the requirements for a proper DV response are minimal. They do not, under any circumstances, have to provide copies of contracts or anything with your signature on it.

They only have to provide:

1. Name & address or original creditor;

2. Documents pertaining to judgments, if any;

3. Total amount owed as verified with OC; and

4. A breakdown of amounts included in total amount they claim you owe if they have added interest and other fees.

They simply put this data into their own letter and send it to you. They are legal at this point.

oneboss302 · ‎08-27-2010

But what I am saying is I have no recollection of this account. What if someone opened it fradulently? If there isnt a signed contract then there is no debt correct?

Anonymous · ‎08-27-2010

@oneboss302 wrote:
But what I am saying is I have no recollection of this account. What if someone opened it fradulently? If there isnt a signed contract then there is no debt correct?

Incorrect.

In consumer credit transactions there are very, very few signed contracts these days. Most accounts are opened online and all you usually find is a "digitally signed" online agreement. Further, in most courts, failure of a plaintiff to produce a written contract generally does not preclude a judgment being entered against the defendant.

If you do not recall this debt and the CA does not feel like providing the document(s) you have reqiested, your only recourse is to either contact the original creditor and / or file an identity theft affidavit.