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Out of options with CA. Input please!!

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Anonymous
Not applicable

Out of options with CA. Input please!!

So I've been working on my credit for the past 3 months and have hit a road block with one particular CA. Its my last one too!! To give you the low down, I have:

 

-Sent DV/ PFD (Which I know they don't have to respond to, and they didn't)

 

-Then I sent a direct dispute (just to the CA) in an attempt to get any info they had on this debt. (they never responded)

 

-Researched and found it was an old water bill from back in 2011. I contacted the OC (local) and they printed out payment/billing info and I found the DOFD was in 2011. It's kinda bull since I paid them for all my water bills, but they charged me for garbarge and sewer for two months after I already moved from there and had advised them of this back then, but o well i guess.

 

-So the last step I took I typed up another letter that explained to the CA they were reporting the wrong dofd (they are reporting 2014 and it shows it wont fall off until 2021). I also exlained that I have never received a dunning notice or ANY correspondence from them. I advised I would like the account to be removed and that I would still pay if they would remove.

 

I have given them ample time to respond and they still havent. I even labeled the most recent letter to their CEO. What do I do next?? I kindly wrote in the letter that if I didn't receive any correspondence from them within 30 days I would be left no other options but to file a BBB and CPFB complaint. Would this be my next step?? Or what do you suggest?? I contacted the OC and they said I could pay them and they would notify the CA that it was paid, but I delcined and advised that even though I want to pay this, that I wanted it removed or reported correctly. They responded that they had no control over what and how the CA reports. Thanks guys!

Message 1 of 4
3 REPLIES 3
gdale6
Moderator Emeritus

Re: Out of options with CA. Input please!!


@Anonymous wrote:

So I've been working on my credit for the past 3 months and have hit a road block with one particular CA. Its my last one too!! To give you the low down, I have:

 

-Sent DV/ PFD (Which I know they don't have to respond to, and they didn't)

 

-Then I sent a direct dispute (just to the CA) in an attempt to get any info they had on this debt. (they never responded)

 

-Researched and found it was an old water bill from back in 2011. I contacted the OC (local) and they printed out payment/billing info and I found the DOFD was in 2011. It's kinda bull since I paid them for all my water bills, but they charged me for garbarge and sewer for two months after I already moved from there and had advised them of this back then, but o well i guess.

 

-So the last step I took I typed up another letter that explained to the CA they were reporting the wrong dofd (they are reporting 2014 and it shows it wont fall off until 2021). I also exlained that I have never received a dunning notice or ANY correspondence from them. I advised I would like the account to be removed and that I would still pay if they would remove.

 

I have given them ample time to respond and they still havent. I even labeled the most recent letter to their CEO. What do I do next?? I kindly wrote in the letter that if I didn't receive any correspondence from them within 30 days I would be left no other options but to file a BBB and CPFB complaint. Would this be my next step?? Or what do you suggest?? I contacted the OC and they said I could pay them and they would notify the CA that it was paid, but I delcined and advised that even though I want to pay this, that I wanted it removed or reported correctly. They responded that they had no control over what and how the CA reports. Thanks guys!


If the OC wont recall the collectors in exchange for full payment then file a CFPB complaint on the reporting CA. Not responding to a direct dispute within the allotted time prescribed by law is a violation of the FCRA. The only time they would not be able to respond to the direct dispute is if you sent them a timely DV as it invokes a C&D until such time as they validate it.

Message 2 of 4
RobertEG
Legendary Contributor

Re: Out of options with CA. Input please!!

-Sent DV/ PFD (Which I know they don't have to respond to, and they didn't)

 If they never sent dunning notice,then the DV would have imposed a cease collection bar, which prevents them from any response to your PFD until they have first decided to provide the requested debt validation.  There is no time period in which theymust validate, so you appear to be in limbo regarding any negotiations on payment of the debt.

 

-Then I sent a direct dispute (just to the CA) in an attempt to get any info they had on this debt. (they never responded)

Unlike a DV, they have a statutory requirment to respond to a direct dispute within 30ísh days, either by dismissing it as frivolous or irrelevant if you did not doucment some error in their reporting, or by completing thir investigation and verifying or correcting the accuracy, or deletion if they could not veiry or corrrct.

They thus appear to be in violation of the direct dispute response period, for which you can file a complaint with the CFPB.

A timely DV would not preclude their statutory requirment to respond to the direct dispute.  Response to a direct dispute is a requirment of the law, not an action to collecti on the debt.

 

-Researched and found it was an old water bill from back in 2011. I contacted the OC (local) and they printed out payment/billing info and I found the DOFD was in 2011. It's kinda bull since I paid them for all my water bills, but they charged me for garbarge and sewer for two months after I already moved from there and had advised them of this back then, but o well i guess.

Your word against theirs.  Court would be your remedy for proving your case.

 

-So the last step I took I typed up another letter that explained to the CA they were reporting the wrong dofd (they are reporting 2014 and it shows it wont fall off until 2021). I also exlained that I have never received a dunning notice or ANY correspondence from them. I advised I would like the account to be removed and that I would still pay if they would remove.

File another direct dispute, challenging the accuracy of their reported DOFD.

Message 3 of 4
Anonymous
Not applicable

Re: Out of options with CA. Input please!!

Thanks for your input. I just wanted to be reassured that it was the right move. I've honestly been very kind and professional in all of my correspondence hoping to resolve this with them, but they just will not respond.

Message 4 of 4
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