Help please..What are my options with United Recovery Systems?

[Anonymous]

Hello all,

Let me go straight to the issue without wasting your valuable time. I used to have a repo car years ago through CapitalOne Auto Finance. It's turned to United Recovery System to collect this debt. I did the right thing and agreed to their settlement offer for $5400 dollars in form of installments. After I paid them off, they told me it's done and I might get a W9? Form for tax purposes because of a settlement for less than than full origins, balance. I was fine with it and ,over on with my life.

fast forward to now I got a letter from CapitalOne stating that I still owe them money for this car with the full amount of over 9K. I immediately called and they said the balance was never settled. Furiously, I called URS to ask for a balance statement of my collection account.

1st girl was dumb like rock. Without even asking any of my info, she put me on hold and then came back to inform me that she couldn't locate any of my account. She couldn't answer me how or which method she used to locate me. Then she asked for URS account number despite I gave her my SSN to help. She came up with nothing.

2nd girl I called back within min, she's as clueless as the first one. She couldn't find my account even I provided her all my info. Now what kind of idiots do they have running around that office I have no clue.

3rd time I called in and instead of dialing an extension I just let it connect to an operator. She's now informed me that the whole company went on lunch together at same time everyday. Call back in an hour. What? Are you kidding me? That's just unbelievable.

4th called 15 mins later, another rude and incompetent girl answered my phone. She never cared to listen to my problems. She just literally told me to bleep off because she can't find it on her computer. I need to figure it out.

5th called I was able to connect to a nice gentleman. He listened and spilled out the whole thing all over again to me. Except, he found the account but now my balance is 14k. After a much needed back and forth and given all the details of settlement offer, amount, date, payments, bank account was used to pay and everything else. He finally acknowledged that I was indeed offered a settlement for $5400 and my total payments was $5400. So therefore they're matches and it should have been updated with a book keeper he said.

but unfortunately, it's never got updated with their internal system. And they therefore never updated with CapitalOne. So for all those years I carried this derog for no reason. And before we hung up he said he will do everything g he can to correct this. But he doesn't know how they're going to fix it.

now what are my options here? Do I have any legal rights to take actions against the,? I'm extremely upset and I want my justice.

sorry I had to vent, please give me all the feedback a and advises I'm all ears

Thanks vey much

[RobertEG]

Legally, you have restrictions.  The song goes like this....

Credit reporting is not required.  The system relies upon voluntary reporting in order to build adequate consumer histories.

As such, congress determined that they were not going to provide consumers with the right to bring their own civil actions directly against furnishers.

thus, while FCRA 616 provides for civil libility for willful noncompliance with provisions of the FCRA and section 617 provides for civil liability for negligent noncompliance, section 623(c) explicitly exempts any liability for violations of the requirments of sections 623(a) and (b), which are the sections that deal with reporting of inaccurate information to a CRA.  Stated simply, a consumer cannot bring their own direct civil action against a party for willful of negligent reporting of information to a CRA.

That right is restricted to only to governmental agencies, such as the FTC or CFPB.

However, a consumer can bring civil action for liability based on violation of the dispute process requirement for a reasonable investigation.

That requires a consumer to first provide the furnisher an opportunity to correct information via a requried reasonable investigation,

A consuner can bring direct, private action for lack of a reasonable investigation of a dispute.

Thus, you should immediately file a dispute, and get a finding of record of their investigation of the accuracy of their reporting.

If they verify the accuracy, you can bring civil action based on lack of a reasonable investigtion of your dispute.  However, if as in your case they agree with the inacuracy, you would have no basis for asserting civil liability.  You would have to convnce the FTC or CFPB to bring the civil action asserting negligence in their reporting.

The FTC and CFPB have a gneral policy of not bringing civil litigation on individual consumer complaints,but you can always attempt to convince them to do so.