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Apologies for the long ramblings here, want to understand if I have any other options
After a long rebuild I got all three scores to 800. Lots of hard work. Woke up today and saw a collection had been added to my reports.
Mid December I got a letter from a collections agency about a medical debt from 2018. I have proof I have paid this debt, so requested an itemized bill just to confirm that it was the same thing. Was informed that it would be sent out immediately. I still have not received that bill.
When I saw the collection today I called them up (MBA LAW) to try and understand how it has been added. Apparently the bill was sent on December 29th, my account was on hold, it was an error and they will file a UDF (I have the number of this) to remove the collections account.
I guess my question here is, have they broken the law? Do I have any recourse for this? I am right at the point of refinancing my house and if this is not clear from my reports in the next 7 days that is jepordized. My understanding is that even if I did owe the money, I had at least 30 days from when they sent the itemized bill to me, so to send it on the 29th and report it on the 2nd Jan seems at best imorral, at worst straight illegal
Should I be doing something else here apart from chasing this UDF with the credit Agencies
At this point, they have not broken any laws, from what I can tell.
They are permitted to report on credit reports until shown not to be, generally speaking. There is a dispute process built into the FCRA that is supposed to protect consumers from just anyone reporting false info on their credit. In this situation, they reported on your credit after speaking with you--who exactly reported? Is it the same debt collector you called and requested a statement from? This is where things can get a little tricky. Often there's a debt collector and then a law firm or even another debt collector that the first collector hired to try to collect. If you're talking to MBA Law and some other debt collector is reporting you need to know who to focus your efforts on.
Also, even under FDCPA, credit reporting is not automatically debt collection effort. Some states have ruled that it is, while others have said in their courts that it is not. So, IMHO, the most you could have them on right now is reporting a disputed debt without marking it as disputed by consumer. I think you're on the right track, I would even consider preemptively sending them a copy of your paid in full receipt to show them that the debt has already been paid, as long as you are reasonably sure that it's the same debt they are talking about. That way, you can tell them you want it removed immediately from your credit reports.
Now, if for some reason they do not remove it in a reasonable time after being provided proof of payment, and you are denied credit or your interest rate suffers because of their entry, then you have suffered real damages and you can pursue a potential claim against them--but there are specific steps that must be taken in the proper order to allow you the right to take action.
Thanks all,
My contact has only been with MBA Law and I requested the statement the day I recevied the letter. So from start to finish my knowledge of this alleged debt is less than 30 days.
They did say that the note to the credit agencies should clear it in 5 days, but I have no way of contacting the agencies to ask. When you call Experian it is impossible to actually speak to a person
Right now it is only reporting on Experian, the other two are clean, but I am concerened that is just a matter of time
The FCRA protects furnishers who provide information to a CRA from civil liability related to the accuracy of that reporting, in that it bars filing of private civil actions asserting reporting of inaccurate information. FCRA 623(c).
The purpose of that restriction was concern that providing consumers with ability to sue for inaccurate reporting per se would be a serious disincentive for furnishers to make voluntary reporting to the CRAs.
As an alternative, the consumer must first file a dispute with the CRA, forcing an investigation by the furnisher, and thus opportunity to correct or remove the inaccurate reporting.
If the furnisher verifies the accuracy of the disputed information, the reasonableness of that investigation and verification then provides basis for filing a civil action. HOwever, the initial reporting per se does not trigger any right to sue for any damages.
Thank you,
I don't actually want to sue, I just want to get this off before the refi.. If I los the refi because of it, that might be another matter.