Direct TV - ERC Enhanced Recovery Collections

[Anonymous]

I had a collections account with Direct TV back in 2009.  Direct TV sent it over to another collections department which had me sign up for an Emblem Bank secrued credit card for the amount of $578, the amount of the collections.  At that point the collections was deleted from all credit reports.  I had the card from 2010 to 2014 and had it completed paid up to the full balance the entire time.  I had closed the card in July 2014 and just recently discovered that in March of 2015 ERC - Direct TV had reapplied the debt of $578 back onto all of my credit reports.  I do not still have the pay for delete letter from the original creditor that set me up with the Emblem Bank card, but is there anything I can do? 

[Anonymous]

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@Anonymous wrote:

I had a collections account with Direct TV back in 2009.  Direct TV sent it over to another collections department which had me sign up for an Emblem Bank secrued credit card for the amount of $578, the amount of the collections.  At that point the collections was deleted from all credit reports.  I had the card from 2010 to 2014 and had it completed paid up to the full balance the entire time.  I had closed the card in July 2014 and just recently discovered that in March of 2015 ERC - Direct TV had reapplied the debt of $578 back onto all of my credit reports.  I do not still have the pay for delete letter from the original creditor that set me up with the Emblem Bank card, but is there anything I can do? 

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Is it showing the debt as paid or unpaid?

[Anonymous]

Payment status is coming up seriously past due, derogatory on Experian and Unpaid on Equifax.  Also says date opened on 11/1/2014 and last updated 3/1/15. Account Status says Closed.

[Anonymous]

Sorry that was what the ERC  collection on my credit report says.  The old emblem card staes Paid or Pays account as agreed, closed account status

[Anonymous]

DV ERC, because it sounds like they dont have collection authority here, which isnt surprising for them. 

[RobertEG]

The issue is whether there was an agreement that opening of the credit card would discharge the debt.

What specifically was the agreement?  Did the card at any time include, as part of the balance, the amount of the previous delinquemcy to them?

When the card was "paid up," did that include only additional charges made on the card itself, or did you also pay the previously delinquent debt?

The details are in what the agreement was. 

The credit card is subject to the FCBA.  You have a blling related issue under the FCBA, which includes whether the now-asserted debt was paid by the card.

You could thus file a dispute under the FCBA,, provided you can meet the timeliness requirment for disputes under the FCBA, which is no later than 90 days after becoming aware of the billing issue.

If a dispute would no longer be timely under the FCBA, then you could contest by way of civil suit, and obtain whatever contract records they have as part of the pre-trial discovery process. 

Deletion of their repoting of the collection is not, per se, evidence that the debt was dishcarged or cancelled.

[Anonymous]

I just received an email from ERC the company that was reporting the collection on my credit reports and this is what I received from them:

Thank you for your inquiry. Your account has been returned to DirecTV. Please direct future correspondence, questions or payments to DirecTV

Should I assume they will now delete item from my reports or would I have to dispute? Any advise would be helpful!