Disputing A Questionable Credit Account

Anonymous · ‎06-26-2015

Hey all, just a quick question for you: I've currently got a collection account on my Experian and TransUnion reports that I'm not sure is accurate... It's from a counseling center, and they sold the debt some years ago to a collection agency. Thing is, we're at least pretty sure that we paid this, but it was so long ago that we don't really have any records.

I tried disputing with TransUnion, which is the report I really need clean, saying the account wasn't mine, but it was pretty much instantly denied and left the same. Is there any recourse I have? How can I get them to be required to furnish proof of this account's legitamency? Side-note: I need this done very quickly if it's possible, otherwise I'm just going to have to strike a deal with them to get it off my account Frustrating, since we're not even sure it's accurate!

Thanks so much!!

Ryan

Anonymous · ‎06-26-2015

@Anonymous wrote:
Hey all, just a quick question for you: I've currently got a collection account on my Experian and TransUnion reports that I'm not sure is accurate... It's from a counseling center, and they sold the debt some years ago to a collection agency. Thing is, we're at least pretty sure that we paid this, but it was so long ago that we don't really have any records.

I tried disputing with TransUnion, which is the report I really need clean, saying the account wasn't mine, but it was pretty much instantly denied and left the same. Is there any recourse I have? How can I get them to be required to furnish proof of this account's legitamency? Side-note: I need this done very quickly if it's possible, otherwise I'm just going to have to strike a deal with them to get it off my account Frustrating, since we're not even sure it's accurate!

Thanks so much!!

Ryan

Unfortunately there is nothing in the credit reporting system that really deals with "proof" on the part of the creditors. "Proof" in such cases is something for a court to decide. I would alledge that the debt was settled many years ago, and was subsequently illegally sold to the current CA.

Did you settle with another CA or with the OC?

RobertEG · ‎06-26-2015

Under the FCRA, the issue of either the consumer or creditor having to provide any proofs is avoided when the consumer is asserting that they never authorized an account or transactions under an account, and thus any assertion by a creditor or debt collector of the debt is due to use of your identity by another.

In such cases, FCRA 605B permits the consumer to get the information blocked from their credit report without any proofs by either side.

However, in the case where the debt itself is not asserted to by due to identity theft, but rather the consumer asserts that it was paid, you can dispute.

In handling your dispute, the creditor is required to conduct a reasonable investigation, and make a finding supported by that investigation. They are not required to proivde their supporting proofs. If you wish to then receive a full consideration of the evidence on both sides and a decision on that evidence, that is the purview of the courts, not of the administrative dispute process under the FCRA,

Bring civil action and get your facts before a judge. Once you initiate civil aciton, you can compel the creditor to provide their supporting documenation via the pre-trial discovery process.