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threat from collection agency

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Anonymous
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threat from collection agency

I recently disputed an item on my credit report.  The debt was from a Comcast account that my mother opened under my name and then didnt pay when she moved.  I disputed on the grounds that the debt didnt belong to me.  Later the item was removed from all three reports.  Now I have a collection agency calling me trying to collect the debt.  They are telling me that they will re-report it and it will go back on my report.  Is this possible?

Message 1 of 6
5 REPLIES 5
tduke
Established Member

Re: threat from collection agency

I had the exact situation with a Tmobile account that was opened for my aunt using my SSN. Unfortunately, there's little you can do with the collection agency besides taking them to court, and that will be a lengthy and expensive process.

 

What I did was to call T-Mobile and express my dissatisfaction and told them I was thinking of closing my Tmobile account. Well, they transfered me to their fraud department who told me to file a police report, after which they sent a letter absolving me of the debt.

 

Your best option here would be to take it up with Comcast. Have them send you a letter saying you're absolved of the debt. That way, you can dispute with the Credit bureaus directly. Unfortunately, the people who work at collection agencies tell a bunch of lies, and they receive commisions based on how much they collect so they are not interested in absolving you. They want you to pay, whether you're liable or not


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Message 2 of 6
llecs
Moderator Emeritus

Re: threat from collection agency


@Anonymous wrote:

I recently disputed an item on my credit report.  The debt was from a Comcast account that my mother opened under my name and then didnt pay when she moved.  I disputed on the grounds that the debt didnt belong to me.  Later the item was removed from all three reports.  Now I have a collection agency calling me trying to collect the debt.  They are telling me that they will re-report it and it will go back on my report.  Is this possible?



They can report it if they wanted to. The FCRA allows the same exact CA or OC to re-report given a 5 day head's up, but if it is a new CA collecting on the same debt, then no notice is needed (per reporting). They still have to mail you a dunning letter though.

 

I'd pay it. It's a legal debt. The only way to legally get out of it would be to call the police and get a report filed for ID theft, but that would mean exposing your mom.

Message 3 of 6
RobertEG
Legendary Contributor

Re: threat from collection agency

The reinsertion of previously deleted material into your CR is controlled by FCRA 611(a)(5)(B).

It states that if any information has been deleted from a consumer's file as a result of a finding in a dispute that the information was inaccurate, incomplete, or could not be verified, then the party requesting reinsertion must provide a "certification of accuracy of information' to the CRA, certifying "that the information is complete and accurate.'

 

The CRA is then charged with determining whether the certification meets the requriements of the statute before it can reinsert the previously deleted information.  If the CRA makes such a finding and reinserts the information, they must send you notice in writing within 5 business days that the information has been reinserted.  That notice must inform you of the name and address of the party who reported the information, and inform you of your right to place a statement in your credit file disputing the accuracy and completeness of the information.

 

The "information" in your case appears to be the accuracy of the debt.  If that was the determination of your earlier dispute, then in my opinion, section 611(a)(5)(B) would apply to any later reporting by a debt collector regarding that debt.  A debt collector cannot report information on a debt that was deleted by way of a dispute resolution without the means to independently verify that the information is complete and accurate.  I am puzzled at how a debt collector, who is not the party to whom the debt originated, can make such a certification. 

 

The statute is not restricted to only the reinsertion by the same party who originally reported it.  It applies to the information itself.

Message 4 of 6
Booner72
Senior Contributor

Re: threat from collection agency

Now I'm really confused.  I thought once it's gone, it's gone.

STARTING: 11/24/10 EQ-584 EXP-648 TU04-595
CLOSED FIRST HOME 8/19/11 EQ-630 EXP-691 TU04-653
CURRENT: EQ-701 EXP-??? TU08-720
Message 5 of 6
llecs
Moderator Emeritus

Re: threat from collection agency


@Booner72 wrote:

Now I'm really confused.  I thought once it's gone, it's gone.


If it goes away due to a dispute, the debt could very well continue to be valid. Maybe the CA or OC didn't want to waste time trying to validate. Maybe they decided to stop reporting. Maybe the OC or CA decided to give up and sell the debt to another CA. Whatever the reason, a new CA can report on the same debt in the future. I recently had LVNV reports (as did many others). This is the 3rd CA to report on the exact same debt (NCO (I believe) and Mitchell N Kay after them).

Message 6 of 6
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