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Collection Reported - 1/9/2019

AyCaramba
New Visitor

Collection Reported - 1/9/2019

I have $218 on collection now that is showing on my report, that I don't know what its all about. How can I dispute it?

12 REPLIES 12
simplegirl
Valued Contributor

Re: Collection Reported - 1/9/2019


@AyCaramba wrote:

I have $218 on collection now that is showing on my report, that I don't know what its all about. How can I dispute it?


Send a letter to the collection agency or call them asking for debt validation. Other than that disputing with the CRA can make it just update and come back verified.








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Message 2 of 13
vntrsc
Frequent Contributor

Re: Collection Reported - 1/9/2019

Finding a collection entry on one’s credit report does not trigger a right to validation.   The collector would not be required to respond to a validation request.

Message 3 of 13
FireMedic1
Super Contributor

Re: Collection Reported - 1/9/2019

Please list who the CA is.

Message 4 of 13
DR527
Regular Contributor

Re: Collection Reported - 1/9/2019

I brought this question up before. But how can the two things both exist. How can a Collection or any negative account be placed or remain on your credit report without being first validated for accuracy? That’s like the cops showing up and arresting you. But you can only start asking questions and fighting any wrong information once your in a jail cell?!?!
Message 5 of 13
RobertEG
Legendary Contributor

Re: Collection Reported - 1/9/2019

FCRA 623(a)(1) places upon any party who reports information to a CRA the standard that their reporting must not knowingly be inaccurate.

Knowingly inaccurate means they willingly reported with knowledge that it was inaccurate.  That is a difficult standard for a consumer to show.

 

If you either dispute the accuracy or the reporting, or in the case of a DV request sent to a debt collector, they must then conduct a reasonable investigation of the accuracy, and verification or validation then becomes a legal statement on their part that they have conductd a reasonable investigation, and that any verification is supported by the results of that reasonable investigation.

It is another layer of additional verification that must be supported by a current investigation based on current facts and in view of any additonal information provided by the consumer.

 

Additionally, congress structured the FCRA so as not to subject credit reporting to any civil action by a consumer based on any assertion of any violation of FCRA 623(a).  FCRA 623(c) relieves creditors from civil actions by consumers based on the accuracy of their reporting.

Rather, it mandates that a consumer must first file a dispute with the CRA under the dispute process of FCRA 611, and thus impose the reasonable investigation process and a finding that the reporting is verified to be accurate before the consumer obtains any right to file a civil action regarding the accuracy of the reporting.  Civil action is then based on lack of reasonable investigation, as required under FCRA 611, rather than directly upon having reported inaccurate information per se.

Message 6 of 13
DR527
Regular Contributor

Re: Collection Reported - 1/9/2019

That doesn’t change the fact that the work of repair is placed on the consumer to fight items already on their report. It should be a illegal for a CRA to place any new negative items on your report without first conducting a investigation. Now if you have a positive account that becomes negative then ok. But to have a third party call up and say place this on this person report without a single piece of evidence is criminal
Message 7 of 13
gdale6
Moderator

Re: Collection Reported - 1/9/2019


@DR527 wrote:
That doesn’t change the fact that the work of repair is placed on the consumer to fight items already on their report. It should be a illegal for a CRA to place any new negative items on your report without first conducting a investigation. Now if you have a positive account that becomes negative then ok. But to have a third party call up and say place this on this person report without a single piece of evidence is criminal

A CRA doesnt place anything on your CRs their customers do. I understand what you are saying and you should contact your US reps and Senators about it as the law is on their side at the moment. Knowingly placing false credit info on your CRs is punishible by law under the FCRA.

Message 8 of 13
AyCaramba
New Visitor

Re: Collection Reported - 1/9/2019

This is the name: Professional Bureau of Collections
Open Date: 1/9/2019
Amount: $218
Message 9 of 13
Fx6cowboy
Contributor

Re: Collection Reported - 1/9/2019


@AyCaramba wrote:
This is the name: Professional Bureau of Collections
Open Date: 1/9/2019
Amount: $218

Just as everyone is saying, you should send a DV letter directly to this collector. Have you done so yet? They may have sent you a dunning letter to your address or an older address of yours. After not answering they assumed the debt as yours. 

 

I am sure contacting them to send you information in writting is your best action. But make sure you do not admit to anything over the phone. As Robert said above, per section 623 of the FCRA - no information can be reported to the CRAs if they know the information is or could be inaccurate.



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Message 10 of 13
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