Next move?

[Anonymous]

I had a bogus CA for a cell phone account that I terminated via registered mail and the company billed me for 3 more months and sent it to collections

I appealed andsent a copy of the contract and post office delivery confirmation to all 3 CRA's

I got notification from Equifax that they are deleting it

Trans Union says it's "verified"

I haven't hear back from Experian yet

Is there anything that keeps the CA from just reporting the same thing again to Equifax?

How do I appeal to Trans Union because I think all they did is ask the CA if it was "valid" even though I have documentation that it is NOT

I guess the key is Experian because I need my "middle" score boosted to allow me to refinance my house

I'm at Exp 686 Equifax 686 Trans Union 681

This is my only late payment in 30+ years but I also saw some old CC accounts which still showed a balance even though they were converted to different accounts YEARS ago so I cleaned them up

and a HELOQ which I paid off still showed a $37K balance

plus reading here I've learned how to get a true ZERO reported for credit utilization instead of several thousand dollars even though I totally pay my CCs off every month

so I'm hoping even those "little" things will get me up over 700 but my score was up around 800 a year and a half ago so I'd really like to get this CA off at least TWO of the CRA reports

I've gotten some great advice here and learned a TON so thanks in advance!!!!

[Anonymous]

It appears the problem is with the OC turning the account to collections, rather than the CA's reporting.

I would contact the OC and try to resolve the issue. If you can not, file a complaint with the BBB against the OC.

What is the DOFD?

On a side note....you don't want 0% util reporting on CC. Let just enough to report at least a 1% util report. FICO scores how well you manage your credit, at 0% you aren't using it, so you aren't managing it(in FICO's view). You will get dinged for 0%.

[Anonymous]

The DOFD is going to be 2015

I called trans union and talked to a service rep and also a supervisor

They both basically told me they ask the CA to verify it and if they say "verified" that's good enough for them..... even if I provide a certified mail delivery confirmation proving otherwise

Not sure where I turn to next

[Anonymous]

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AKCheese wrote:

The DOFD is going to be 2015

DOFD = Date of First Delinquency

I called trans union and talked to a service rep and also a supervisor

They both basically told me they ask the CA to verify it and if they say "verified" that's good enough for them..... even if I provide a certified mail delivery confirmation proving otherwise

Not sure where I turn to next

See my previous post.

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[Anonymous]

sorry I mixed up that acronym

the DOFD is 10/08

I've already talked to the OC til I'm blue in the face, they just kept telling me they were researching my account and then sent me the next months bill for the account I had terminated in writing/certified mail

The CA has been pretty professional, although I think they should have SOME responsability to verify that the account they are trying to collect is actually valid

I sent them copies of the contract AND the certified mail delivery confirmations and they say "well it still looks like a valid debt"........... of course they get paid to say that

I am going to wait and see what Experian does, and then write a letter to the company that has since acquired this cell phone company and see if they will correct my account rather than have me complain to the FTC and my state authorities

this whole thing has opened my eyes to how a company can use a collection agency and the CRA's to extort somebody into paying money they DO NOT OWE........

maybe I'll prevail in the end but how many people would just pay? Right now I could save $350 a month by refinancing but this $660 totally bogus CA is holding that up

[Anonymous]

Did you actually send a DV letter to the CA? If not, please do so and discontinue any phone conversations with them.

My advice is going to be a little out of the usual order from what is normally recommended here, but I advise it because your case seems to be a solid one, meaning that you have proof of your cancellation. 

1. Send a DV letter, CMRR to the CA (wait 30 + 5 days for a valid response). Do not give them your signature, and certainly don't give them any information about the debt, other than to demand validation for the information on your credit report. Use one of the templates that can be found here by using the search feature. Type your signature and your mailing address. Make sure that it contains the 'no phone calls' blurb.
2. Simultaneously, send a letter, CMRR to the OC requesting a full history of the account, including payment history & adjustments. Don't sign (just type) your name, and provide your mailing address.
3. Simultaneously, send a MOV letter to the two CRAs that didn't delete.
4. Immediately file a complaint with the FCC, AG & FTC. You don't need to wait to see what the outcome of your DV or OC request for information is. You know that the debt is not yours, and that they are illegally attempting to collect.

In 30 + 5 days, if the account is not deleted, contact a consumer attorney to file suit against the OC, CA & the CRAs that didn't delete, in federal court. Some people will disagree with my expedited path to lawsuit, but I despise fraudulent billing and collections, and have come to believe that those who attempt to extort $$$ should go down by the most expensive means possible, themselves. For this reason I don't recommend just filing against them in small claims court (which you absolutely can do). Going the consumer attorney route will cost them more money, and will be of greater consequence to their fraudulent practices. A good & reputable consumer attorney would not charge you a dime for an airtight case. They will collect their fees from the defendents, in addition to the monies owed to you.

[Anonymous]

That IS a very agressive route

My main goal is to get my rate back where it was or at least above 740

It's been 35 days since my dispute hit Experian and they're still showing it as "under investigation" so that leads me to believe they're at least taking a good hard look at it

So I think I've wait a few more days and see what they come up with

My other question is can the CA just re-report it now that it's been dropped by Equifax?

I have a letter drafted to send to the parent company of the OC (they were acquired) and then to the FTC and State Attorney and BBB

but I figure I should let the new owner have a crack at fixing it first

[Anonymous]

When you dispute via the CRA and it is removed, you must be notified within 3 days of any re-insertion and the CRA is to take every precaution to make sure it is not re-reported.

This doesn't keep it from happening, but gives you something to stand on if it does.

[Anonymous]

Well Experian came back as "verified" despite my providing a copy of a certified mail delivery confirmation of my termination of service for the period they're billing me for

So Equifax deleted but Trans Union and Experian took the CA "verification" as gospel

I've sent a letter to the parent company that has acquired the OC hoping they'll take a look

is there any sense asking Experian or Trans Union for a REAL "investigation" because it's pretty clear to me they just said "is this valid"? and the CA says "yup sure is" and that's that.

The contract also says that I cannot take them to court and ask for a jury trial and that any disputes are to go to an arbitrator

So I guess I could dispute the debt again based on the fact that we never went to an arbitrator, but if a certified mail delivery confirmation doesn't carry any weight I don't hold much hope for that either

[Anonymous]

As I mentioned before, your beef is with the OC. They are the ones in the wrong.

Based on what the OC has provided the CA, the CA is in the right. Based on what the CA has provided the CRA, the CRA is in the right.

You need to fix the problem where it began.

File complaints with every agency you can against the OC. This includes BBB, your AG, their AG, any licensing agents, etc.