Enhanced Recovery/AT&T Derog

Discussion in 'Credit Talk' started by hfpotter, Apr 23, 2014.

  1. hfpotter

    hfpotter New Member

    I had an empty credit report. I'm rebuilding. I have a new credit card. Shortly after applying I got a derog from the JCB Enhanced Recovery for less than $250 an AT&T account that went first delinquent four years ago. I've received no dunning letter, so I'm not sure what to do, since the DV route is done after initial contact. I've not been contacted. No dunning letter, no 30 days, right? I don't want to do anything to reset this collection since it is old, small, past SOL in my state, and more than halfway to drop off.

    First time dealing with a derog. Lots of conflicting information out there. Love to have this removed since I'd have such a clean slate.
  2. mindcrime

    mindcrime Well-Known Member

    Welcome to the board.

    Do you have any documentation from AT&T when this bill first went delinquent? The SOL for reporting is 7.5 years from DOFD. This does not change whether you make contact with a CA or not.

    CA's are notorious for doing this BTW, reporting first and sending an initial dunning letter later (or sometimes never at all). From the FDCPA:

    § 809. Validation of debts [15 USC 1692g]
    (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

    Consider the date you were notified through your CMS or pulling of your report, this "initial communication", and get that DVL out there now. Sent CRRR, don't sign it, and do not give any additional information besides your name and account number exactly as it appears on your credit report (i.e. if it is account #11111XXX, put it down on the DVL the SAME way). Let them sign for your letter, and once they do, dispute it with the CRAs. Not only does this lock the CA down to 30 days to respond to you or not respond/delete with the CRA, but also, it *should* require them to delete the TL immediately until they obtain such proof. For one, it's part of the FDCPA:

    § 809. Validation of debts [15 USC 1692g]
    (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

    And two,
    Here's an FTC opinion letter I had success with when I was in the rebuild stage and found a CA reporting that had never ever contacted me through mail or phone:


    You'll read that the FTC believes "reporting a charged-off debt to a consumer reporting agency, particularly at this stage of
    the collection process, constitutes "collection activity" on the part of the collector,"

    Considering the accounts age, AT&T may have sold this debt which could help you in the DV process whereas your records with them are hopefully archived way in the back or just *gone*. Either way, you cannot successfully be sued on this debt if it's past your state's SOL, and the CA knows that.
  3. credit guy

    credit guy Member

    Send letters to the creditor not the bureaus
  4. jam237

    jam237 Well-Known Member

    First, this thread was finished 6 months ago.

    Second, if the CA is reporting on the credit report, letters need to go to the CA, and once the CA received the dispute, the CRAs.

    Sending letters to the CREDITOR doesn't accomplish anything, the CREDITOR is only responsible for information that they personally submit to the CRAs, not for information which is submitted by third-parties.

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