Is this even legal?

[Raisondetre]

A year ago I checked my credit report through TransUnion. I saw that they had different negative items on my report, which I didn't even have any knowledge about and I have never opened accounts for. So I disputed the accounts and set a fraud alert for the three credit reporting agencies. Everything was taken off my credit after that, because it was fraud. I had two negative accounts for Comcast on there (one for $350 and the other for $500), and they were both set to fall off of my report in 2015, but they were also both taken off with everything else when I disputed it. Now flash forward to this year, I looked at my report again a few weeks ago and noticed Comcast was on there again! This time the agency that has it wants me to pay $241. The fishy part is that it was placed on my account in May of this year and it falls off of my report in March 2015, just like the old accounts that were removed by my dispute (those were put on in 2008 and were set to fall off in 2015). So it's like after my fraud alert had ended, this collection agency went right back in there and put it back on my report, but for a totally different amount, but it seems like it would be one of the same accounts from before, because it falls off in 2015.

I finally recieved a letter from Convergent Outsourcing Inc. (the collection agency for Comcast) today for this $241, but they want to settle for $197. I have never had an account for Comcast, that was why it was taken off before. Is it legal for them to put the same thing back on my report (for a lower amount) even though the original accounts were removed?

[RobertEG]

Reinsertion of previously deleted information is regulated under the FCRA only in situations where the previous deletion resulted from a prior dispute where the accuracy was not verified.

In those situations, no party can reinsert the previously deletion information unless they first provide a certification of the accuracy of the information to the CRA.

If such a reinsertion is made, the CRA is required to send written notice to the consumer of their reinsertion based on receipt of a certification of accuracy.

See FCRA 611(a)(5)(B).

If the prior deletion was due to lack of verificztion of your prior dispute, the issue would then be whether the debt collector provided a certtification of accuracy along with their reporting.  If they had provided a certification, you should have received notice of the reinsertin from the CRA.

[Raisondetre]

I never have recieved a notice of reinsetion, this is the first notice I have recieved, but it's a notice to pay the amount. After everything was taken off, I figured this was done with, because nothing else that was disputed was put back on my credit report, just this for Comcast, which wasn't put on until May (7 months after the dispute and 3 months after my previous fraud alert had ended). After I disputed it a year ago, I never recieved anything in the mail from the collection agency. I did recieve a letter from Experian saying that the dispute was finalized in my favor and they even sent me a report in the mail showing that it was removed along with everything else. 

[RobertEG]

Then next step would be so send a dispute of the reinsertion, along with a copy of the notice of results of the prior dispute, showing that it was deleted as a result of the prior dispute, and since the CRA did not send a notice of their reinsertion within 5 days after it was inserted into your credit report, then the provisions of section 611(a)(5)(B) were not complied with.

The reinsertion was thus contrary to law.

[Imperfectfuture]

Convergent outsourcing does not follow the law. They skip trace to whomever comes close. They had a wrong bank account with me, but never got close to my credit report. Saw them sniffing around with soft pulls, then last Jan got letter.

Because they are in WA state (Renton to be exact), I called the BBB to state I was going to use them for debt validation, I'd read many of the complaints, and noticed they backed off with "your dispute seems to be with - insert name of original creditor here - we have returned the account to them, and have deleted it from our records"

I did the debt validation, they came up with some slimy response of waiting for bank to reply (heehee, never happen). I responded, since you don't have records of the original debt, why don't you return to whom you say it belongs, and close the account, like all the others? They came back within a day with that exact copy, paste response.

You won't find my complaint published. But with study, it will work. Convergent will back down to BBB and cfpb complaints (they used to be er solutions, I think).

[Raisondetre]

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I've read various complaints on the BBB and you're right, they usually do respond with returning the account to whichever company that wants their money. I even noticed some complaints from people that said they were trying to collect on a debt from almost 20 years ago, which I couldn't believe. I did file a complaint with the BBB and am still waiting for a reply from Convergent and I also filed a dispute with each of the CRAs, plus putting yet another fraud alert up. I just find it funny that I thought everything was taken care of a year ago and this collection agency waited till May to put it back on my credit report with a totally different amount than before. I have noticed that ER Solutions and Convergent Outsourcing are one in the same company. ER Solutions was the company that was trying to collect before on the previous two debts. So I'm guessing since those debts were removed and they couldn't get what they wanted, they tried again with their other company name.

[Anonymous]

Good info regarding Convergent... within the last 7-10 days my wife has received settlement offer letters for 3 separate accounts dating back 10+ yrs. It appears that they are collecting for other CA's but note who the OC's are as well.

In two of these letters they noted that they were beyond the SOL to sue (one of which they also stated was beyond time to report to CRA), on one, however, they did not.. that's the one that concerns me -- but again, all 3 accounts are 10+ yrs old and from my wife's college days. I told her that I assume she landed on their radar once we started cleaning up her report and paying down balances. I'm curious if the one they failed to note as outside the SOL will pop up on her CR.  As for the other two, should we even acknowledge receipt of letters by sending them a validation letter?

[Anonymous]

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@Anonymous wrote:

Good info regarding Convergent... within the last 7-10 days my wife has received settlement offer letters for 3 separate accounts dating back 10+ yrs. It appears that they are collecting for other CA's but note who the OC's are as well.

In two of these letters they noted that they were beyond the SOL to sue (one of which they also stated was beyond time to report to CRA), on one, however, they did not.. that's the one that concerns me -- but again, all 3 accounts are 10+ yrs old and from my wife's college days. I told her that I assume she landed on their radar once we started cleaning up her report and paying down balances. I'm curious if the one they failed to note as outside the SOL will pop up on her CR.  As for the other two, should we even acknowledge receipt of letters by sending them a validation letter?

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 If beyond SOL and beyond reporting period, just send them a C&D letter. Pay them only if you genuinely want to pay off an old debt to clear your conscience.

[Imperfectfuture]

Problem is, they take those settlements, restart the SOL, and want the full debt (unless, of course, you go back to the BBB).

[ERoosky99]

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@Raisondetre wrote:

A year ago I checked my credit report through TransUnion. I saw that they had different negative items on my report, which I didn't even have any knowledge about and I have never opened accounts for. So I disputed the accounts and set a fraud alert for the three credit reporting agencies. Everything was taken off my credit after that, because it was fraud. I had two negative accounts for Comcast on there (one for $350 and the other for $500), and they were both set to fall off of my report in 2015, but they were also both taken off with everything else when I disputed it. Now flash forward to this year, I looked at my report again a few weeks ago and noticed Comcast was on there again! This time the agency that has it wants me to pay $241. The fishy part is that it was placed on my account in May of this year and it falls off of my report in March 2015, just like the old accounts that were removed by my dispute (those were put on in 2008 and were set to fall off in 2015). So it's like after my fraud alert had ended, this collection agency went right back in there and put it back on my report, but for a totally different amount, but it seems like it would be one of the same accounts from before, because it falls off in 2015.

I finally recieved a letter from Convergent Outsourcing Inc. (the collection agency for Comcast) today for this $241, but they want to settle for $197. I have never had an account for Comcast, that was why it was taken off before. Is it legal for them to put the same thing back on my report (for a lower amount) even though the original accounts were removed?

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I am going through this exact same issue right now.  Enhanced Recovery Company (ERC) deleted an account from all 3 of the CRAs for a Comcast bill for $177 in May 2014.  I too never had Comcast.  ERC just reinserted the account onto all 3 of my reports.  I had to file a complaint with the CFPB.  I sent ERC a debt validation request in May 2014 for which they never responded, so I assumed the problem was solved and behind me.  Yesterday, I sent a fax directly to the Comcast headquarters in Philadelphia, PA.  I am hopeful they will correct this problem.  I'm not sure what's up with Comcast?  It all seems extremely desperate.  I hate that my credit scores dropped over 10 points from the reinsertion...