Disputing ERC, Now what?

[Anonymous]

I recently started actually trying to build my credit and clean it up. It’s almost time in my life to make my first home purchase. The only derogatory collection issue on my credit report was from ERC (an old T-Mobile bill). I couldn’t figure out why it was on there, the only T-mobile line I had was a non-contract line years ago. But the charge was only $115, so I called T-mobile first to just pay it and have it removed from my credit report and they advised me that they have sold the debt. So I contacted ERC and told them I wasn’t familiar with the debt but I would be willing to pay for removal. They advised me that they would not do that. So I disputed it the proper way, certified mail, requesting proof of debt including my non-existent contract. A week later, I received a T-mobile statement in the mail that had the original address wrong. I still did not receive a contract. I spoke with the new provider, AT&T and they showed that the phone was transferred to them prior to the bill they are claiming owed. I also googled the Plan Name from T-Mobile and found that I was correct, it wasn’t a contracted account. Pay as you go. Well, now what do I do? They have removed the account from my credit while in dispute, but if they didn’t provide me sufficient information, how do I keep them from putting it back on?

[RobertEG]

The FCRA dispute process is not a legal process that requires documentation or "proof" of accuracy.

It requries the furnisher to conduct a reasonable investigation, and either verify the accuracy as reported or correct so as to overcome an inaccuracy.

Verification does not require proofs.

If the furnisher lacks what you consider to be adequate basis for verification, or if you contest what their verification "proves," you can bring your own civil action and get the proofs before the court, and additionally use the discovery process to require production of relevant documentation.

It is unclear as to what is meant by their removal of the reporting while in dispute.

There is no requirment for a debt collector to delete their reporting while a dispute is pending.

Additionally , reinsertion of information is restricted only after a dispute has found the information to lack verification as a finding of the dispute, and even then, the furnisher can reinsert provided the reporting includes a statement of certification of the accuracy of the information.

[Anonymous]

So what do you suggest I do? I do not believe this charge is a legit charge. I believe they charged me after I had switch my number to another phone company. I want this off my credit report. 

[gdale6]

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@Anonymous wrote:

So what do you suggest I do? I do not believe this charge is a legit charge. I believe they charged me after I had switch my number to another phone company. I want this off my credit report. 

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CFPB Complaint would be in order if you are sure that there is nothing that you did to incur the amount owed.

[Anonymous]

I dont know what a CFPB is...

[gdale6]

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@Anonymous wrote:

I dont know what a CFPB is...

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http://www.consumerfinance.gov/complaint/

[Anonymous]

Then I want to have my bill from AT&T showing the activation date with them first... I just dont understand that I read fourms and fourms about people disputing stuff like this on their credit and Im being told not to?

[gdale6]

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@Anonymous wrote:

Then I want to have my bill from AT&T showing the activation date with them first... I just dont understand that I read fourms and fourms about people disputing stuff like this on their credit and Im being told not to?

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If you believe its wrong then dispute it, we cannot suggest you dispute something that is accurate its against credit repair guidelines. Also with a dispute if the derog hasnt been updating monthly it will cause a Fico score drop when it comes back verified as the status date comes current. Its always better to deal with the creditor directly over a dispute. 

[Anonymous]

Creditor being ERC or T-mobile? That's where I sent the first letter too, ERC... I'm really just trying to find the best way to fix the issue

[RobertEG]

You have a factual controversy over the legitimacy of the debt.  The courts are the proper venue for deciding such disagreements once you have disputed and they have verified.

Civil action will provide you the legal right to compel their disclosure of any relevant information pertinent to your complaint by way of the discovery process.

The FCRA dispute process has to discovery requirment.