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Collections! Help!

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Anonymous
Not applicable

Collections! Help!

So I was making very good progress in my credit journey and boom! A new collections account was just added to my credit profile on all 3 bureaus. I didnt recognize it after doing my research (I called the original creditor and asked for documentation to support which they did not provide) so I sent dispute letters to all 3 bureaus last month. I received replies from them saying the accounts were verified. When I pressed them for their verification methods they insisted it was only verified by the creditor (basically the creditors word of mouth). I am concerned they did not thoroughly investigate my dispute and replied on eOscar instead.

My question is for anyone who have done disputes successfully. Should I continue to submit disputes? Should I write a letter demanding verification? Are they allowed to deny me methods they used to verify? Please help.
Message 1 of 4
3 REPLIES 3
RobertEG
Legendary Contributor

Re: Collections! Help!

You apparently did not provide any documentation suppporting your assertion that the debt is not recognized as yours, and the debt collector investigated and verified that they found sufficient basis to find that you are responsible for the asserted debt.

 

There is no requirement under the FCRA that a furnisher provide supporting documentation when they verify the accuracy of their reporting.

The requirment is that they conduct a reasonable investigation and make a finding either that the accuracy is verified, or that they correct the reporting so as to overcome any agreed inaccuracy.

Proofs supporting a finding are reserved for legal proceedings before a court.

 

The FCRA does provide a consumer, after receiving the results of a dispute, to then request from the CRA a "description of the procedure used to determine the accuracy and completeness of the information" that was disputed.  FCRA 611(a)(7).

The courts have interpreted that method of verification process to apply to the procedure only, such as the name of the party to whom the dispute was referred, and not to any requirment of how they investigated the dispute and what documents were relied upon.

To obtain that information generally requires bringing civil action and compelling disclosure via the pre-trial discovery process of the court.

 

You can file another dispute only if you provide additional information not previously submitted.

A second dispute that is substantially the same as a prior dispute can be dismissed without any investigation as being "frivolous or irrelevant."

Do you have any documentation to support your assertion that the debt is not yours other than your stated lack of recognition?

Are you willing to bring civil action and get the full facts, and resulting finding of a court?

Message 2 of 4
Anonymous
Not applicable

Re: Collections! Help!

Hmm. It's kind of hard to provide supporting documentation when I don't even know where this account came from and my attempts to obtain that information from the debt collector was not successful. How can I provide them any information that supports my claim when I do not even know if such information exists? I have no clue where this debt came from and if it even truly mine. Seems like they should have some sort of contract on file or something to prove the debt is mine, or else it just seems that a company can add any information they want to your credit file without any physical proof that it belongs to you.
Message 3 of 4
silver_idle
Established Contributor

Re: Collections! Help!


@Anonymous wrote:
Hmm. It's kind of hard to provide supporting documentation when I don't even know where this account came from and my attempts to obtain that information from the debt collector was not successful. How can I provide them any information that supports my claim when I do not even know if such information exists? I have no clue where this debt came from and if it even truly mine. Seems like they should have some sort of contract on file or something to prove the debt is mine, or else it just seems that a company can add any information they want to your credit file without any physical proof that it belongs to you.

Well it couldve been a mixup (eg similar names to a relative). You could contact the collection agencies doing a DV (debt validation). Make sure to send it by certified mail. This will get you more information if they provide anything or if not, they will remove their collection from your report and ceist contact with you (if any was ever made). You could call them as well and ask for more information but I would highly suggest doing a DV. 

Message 4 of 4
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