Looking for a lawyer

[Anonymous]

Anyone know of any lawyers I can use? I'm in Louisiana, if that matters. Should I file a complaint with CFPB first? Or is that a waste of time?

[Anonymous]

What is your issue? CFPB is generally the last step before resorting to filing your own action.

[Anonymous]

I have an account on my report for an electricity bill from Entergy, listed as an open chargeoff. I received verification in the form of an old bill from a collection agency, thoigh, Online Collections. The address on the bill is somewhere I never lived. The bill was for $11 BUT I had a previous collection listed from 2008, which was actually mine for $557. It dropped off in 2015. Entergy TRANSFERRED the $557 bill to this new address, gave it another acct number and put it back on my reports. It's listed as an open chargeoff and not a closed collection. I've recorded the CA saying the account is listed with them. I've sent the CRAS and Entergy my old reports, the bill that says the acct was transferred from the old account number, and a copy of my old reports with the same old account number. Entergy keeps verifying it. I called them and spoke to a supervisor, FINALLY, and he says I need to file a police report and send them something, like an old check stub from the time this $11 bill was generated, proving that I never lived there. EVERYTHING about this account is wrong.

[Anonymous]

If you think you need an attorney, you can run a search here for consumer lawyers in your area.

(Yes, you will need a Louisiana attorney if you live/intend to sue in Louisiana.)

http://www.consumeradvocates.org/for-consumers

[Anonymous]

Filing a complaint with CFPB would be the way to go. A utility can require you pay a past debt before giving you service again.

[Anonymous]

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@Anonymous wrote:
I have an account on my report for an electricity bill from Entergy, listed as an open chargeoff. I received verification in the form of an old bill from a collection agency, thoigh, Online Collections. The address on the bill is somewhere I never lived. The bill was for $11 BUT I had a previous collection listed from 2008, which was actually mine for $557. It dropped off in 2015. Entergy TRANSFERRED the $557 bill to this new address, gave it another acct number and put it back on my reports. It's listed as an open chargeoff and not a closed collection. I've recorded the CA saying the account is listed with them. I've sent the CRAS and Entergy my old reports, the bill that says the acct was transferred from the old account number, and a copy of my old reports with the same old account number. Entergy keeps verifying it. I called them and spoke to a supervisor, FINALLY, and he says I need to file a police report and send them something, like an old check stub from the time this $11 bill was generated, proving that I never lived there. EVERYTHING about this account is wrong.

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Have you read FCRA 605B thoroughly? Yes, you need to file an ID theft report, but the OC is in no way involved in getting this off your reports. You would send all of the information (as outlined in FCRA 605B) directly to the CRA's and they must exclude the items from your reports. After that, if you send the required info to the OC, they must provide you all relevant records regarding the account.

Pretty sleazy for them to transfer an old charged off balance to a newer charged off account - most likely illegal as well. See the above post for help locating a consumer attorney.

[Anonymous]

The OC is listing the account as a chargeoff. The CA isn't reporting to the CRAs at all, but I have recorded them saying that the account has been transferred to them. That's why I've been dealing with Entergy aND not Omine Collections. All of the wrong stuff is coming from them.

[Anonymous]

It sounds to me as though if you send the OC your police report, they will remove it themselves, is that not correct?  

[RobertEG]

The OC is telling you that if you send them certain info, they may choose to delete.

However, if you file a police report asserting you never had or authorized the account, then the OC is out of the picture.

You send the police report to the CRA, who will then block ther info from your credit report under the provisions of FCRA 605B.

If you only obtain blocking of the info from your credit report, that does not resolve the issue of your actual responsibility for the debt.

It simply provides you relief from others seeing it in your credit report, and from it affecting your credit score.

You can then send a copy of the police report to the credtior and require them to send you all documents in their possession relating to the account.

See FCRA 609(e).  That step would be part of your attempt to resolve the actual issue of the debt itself, as opposed to only blockage from your credit report.

Of course, they can also continue to pursue the debt notwithstanding any blocking from your credit report, including civil action if sttill within SOL.

However, if you send obtain blockage under section 605B, that also invokes prevention of their sale or transfer of the debt.

I would recommend at least blocking the info from your credit report and their sale of the debt by obtaining a police report and sending it to the CRA to obtain blockage under section 605B.

Once the info is blocked from your credit report, you no longer have any reporting upon which to file a dispute of its accuracy.

If you must later resort to civil action, you cannot directly sue for violation of their reporting per se.  You could only sue for lack of reasonable investigation of a dispute.

Thus, there is basis for delaying blockage until you have first received a verification of a dispute, which will then provide you basis for a private civil action.

What is more important, immedate block from your credit report, or building the right to later bring a civil action?

[RonM21]

Not having it on your report is very important for many reasons that can be negative that you would have to deal with. I'd focus on it not being on the report, while at the same time, you want it taken care of all together.