I have two chargeoffs from 1999 -- one for $6000, one for $9000, both with the same OC. One was with a collections agency who went away immediately (no reason), the other was with a CA who was calling my neighbors, not me. I asked for verification with the CA and never heard from them again. Then he original creditor started contacting me and admitted that they can't find any info linking me to either debt. Meanwhile, they told TU that both debts ARE mine and listed them as PAID chargeoffs. So now it's worse!! I called TU and spoke to a rep (Angela) who told me that while the OC cannot find proof that the debt is mine, they do have my address and SS#, so the debts must be mine. I spoke with her supervisor (Stacy) who told me that the OC DID verify that the debts are mine and that the reason they told me that the debts aren't mine is because the debts are now owned by CAs, so that the OC doesn't have a record that they are my debts anymore. TU told me to contact the collection agencies. I tried to contact the woman from the OC who wrote me the letter admitting that the debts aren't mine, but the OC told me they have no way of contacting her. I have done every letter all the way through the estoppel/Wollman, etc. with the OC and the CA who was calling the neighbors. Everyone all around was defensive and rude (except me, of course!) P.S. TU is the only CRA showing both. Experian delete one, EQU the other.
If the CA is calling your neighbors and you can document it, you have violations and have some leverage in court. Read the board and the FCRA and FDCPA and educate yourself and you can make them go away.
Thanks Hermit. They CA went away as soon as I asked for verification that the debt is mine. The silence was deafening. It was as if they turned it back over to the original creditor. The only contact I've had from anyone since was from the OC. I did not contact them, they contacted me.
If the SOL was past, *I* would send an intent to sue letter, they are supposed to mark the CA account as in dispute. Continuing to report after a validation is received is a violation. If you want to get the OC listing off and you have a letter from the OC saying it is not yours search for a fax # for TU.
Depending on what was said to the neighbors, it may or may not be a violation. If the ca called the neighbor for the purpose of trying to find the debtor, that is not a violation. If you have a letter from the oc stating that the accts are not yours, fax that letter to TU at 1-714-447-6032. That should be sufficient proof to get it deleted. edit - sorry, didn't read far enough down to see that KHM had already given this advice. Solid advice if you ask me. LOL
I sent the letter to TU at their request, and TU said it's not acceptable because the OC was able to verify (to them) that it's my debt. That I got that letter because it had been sent to collections, so that the OC had no record of it being my debt. I don't even know who to sue anymore...