Old utility bill grabbed by CA

Discussion in 'Credit Talk' started by Greenmky, Dec 11, 2003.

  1. Greenmky

    Greenmky New Member

    Hi,
    I'm new here, but I had a question. I found out on a CC rejection letter from Equifax that I had "delinquent accounts". I was like, WTF!!?!?

    I normally get my credit score/report from Equifax, so I investigated. I have a collections from 5 1/2 years ago suddenly appear on my credit report as 120days past due. Hurt my credit rating by over 100 points - I've been being very careful to build it up from the 590 I had a few years back (It was up to 692).

    This bill was quite possibly mine. In fact, I asked the phone company for a final bill and never got one (I was 18 at the time). Now it reappears on my credit all the sudden. I was pissed. I wouldn't mind paying the bill, but I know that that wouldn't restore my credit score. Research led me here. I followed the validation process and sent the letter to the collection agency. I then filed a complaint with Equifax. Equifax replied after about a month with a letter stating that the collections was deleted.

    But, I also got a letter from the CA, supposedly with the verification they received from the creditor. It has my SS, my CURRENT address (which has changed 4 times since '98, and they couldn't really know!). The birthdate field is blank, as is anything besides the address, the old phone number the collections is for, and the SBC account #. Also, it's $170 + $45 in "interest". It also has fields saying:

    Lst: 8/22/03 Srv: 07/22/98 Ltrs:3 Time:8 Atmps: 0

    It also has the orig. Bal as 214.43, Int: 2.31, and [total] Balance of 216.74



    With Equifax deleting the collections off my credit report, but the CA giving me this "computer print out of information given to us by the previous creditor", what should I do? Should I just file complaints with Transunion and Experian, and see if they delete as well? Or should I send the cease-and-desist, delete this account from my credit report letter?


    Thanks for any help!!

    GreenMonkey
     
  2. lbrown59

    lbrown59 Well-Known Member

    Hi,
    I'm new here, but I had a question. I found out on a CC rejection letter from Equifax that I had "delinquent accounts".
    1* I was like, WTF!!?!?
    2*I have a collections from 5 1/2 years ago suddenly appear on my credit report as 120days past due.
    3*Hurt my credit rating by over 100 points -
    4*With Equifax deleting the collections off my credit report, but the CA giving me this "computer print out of information given to us by the previous creditor", what should I do?
    5* Should I just file complaints with Transunion and Experian, and see if they delete as well?
    6*Or should I send the cease-and-desist, delete this account from my credit report letter?

    Greenmky
    =================
    1*Don't you just LOVE nasty surprises?
    2*There needs to be a 2 year time limit on how long after the fact they can report a Neg. item.
    3*Good reason to like FICO. NOT
    4* Send estoppel 30 days after they got your validation letter.
    5* Anyone
    6*-Anybody
    >---------l----------b------------5---------9-------------->>
     
  3. breeze

    breeze Well-Known Member

    Assuming your IP address indicates your state of residence, this account is past the statute of limitations, and you can send a C&D to these bottom-feeders.

    If the account reappears on your credit reports, you will need the deletion information you received from the CRA's - so save everything.

    C&D tells them you do not intend to pay, and you want them to stop contacting you about this debt. They CAN still sue you, but they can't win if you present the SOL as your defense, I would watch my reports carefully, they may put this back on or sell it to another CA.

    As far as your current address, the CRA's provide a service to collection agencies, where they give them updated information about individuals - especially people like you, who have moved on, and might have some money to pay them.

    I would opt out with the CRA's (1-888-5OPTOUT} - if they have you listed as a "skip" it won't stop the CRA's from distributing your information, but if they just bought a list of names, it should keep you from having problems like this in the future.

    If you only check Equifax, you are making a mistake. This account and others could also be on Trans Union and Experian. You should check them all routinely.
     
  4. lbrown59

    lbrown59 Well-Known Member

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  5. Greenmky

    Greenmky New Member

    Thanks for the replies, all. I did read a bunch of previous utility CA posts, but I thought it was weird to receive a validation back, but the CRA still deleted the record. I will file with the other 2 agencies once I can get denied for something thanks to them (I'll apply for something at the beginning of the year).

    Per what I found, Michigan statute of limitations runs 6 years - this bill is about 5 yrs old. But I will send a cease and desist notice anyway soon. Thanks for the tips!
     
  6. jam237

    jam237 Well-Known Member

    Even when companies *cough* *cough* validate. (CA's definition of validation includes truely feeble validation attempts.) Doesn't mean that they have validated.

    Was the validation that they sent, complete & accurate?

    If there is any type of discrepancy whatsoever, it is not complete & accurate validation. And if they rely on the discrepancies to arrive at the amount due, it could be misrepresenting the amount & character of the debt.

    Could you tell by looking at it that it did indeed come from the OC's office; a blank printout with the OC's name at the top (unless its their true letterhead) doesn't prove that it came from the OC.

    Did the validation include the complete account history, from the date that it was allegedly opened, to the date it was allegedly closed? (or at least from the last time their was a balance of 0; to the date that it was allegedly closed?)

    Was there something with your signature on it to prove that it was truely you who requested, and received the services?

    Was the validation 'auditable', in other words, can you plug the information into Excel, create a detailed balance sheet and calculate the balance to match what they are claiming.

    I'll give you an example, a CA that I had to sic the BBB, and AG's office on provided a one page fax, allegedly from the OC with a historical summary; that historical summary alone shows overbilling & double billing, and the CA refused to provide anything more recent than an illegible 1998 FAX.

    So in my complaint to the BBB & AG's office i disputed that first, I have never heard of the original company, HOWEVER, based on the illegible documentation that they provided there are discrepancies for over $600 of the $630 account. disputed down to the exact penny of every single dispute, and emphasized, that if there were any calculation errors on my part, it was solely do to the illegible quality of the alleged documentation from the CA. (was a smeared 6 a smeared 8, 0, 5, 2 etc.)

    And although I was able to psudo-audit the account; because the alleged OC aggrigated the amounts in the two alleged accounts, for which there is only one alleged application, theres no way of telling which alleged any of the usage charges were supposedly for.
     
  7. Greenmky

    Greenmky New Member

    Actually, the validation itself is inconsistent in how it reaches the end amounts. And it is merely a 'computer prinout' of 'information they received' from the utility. In fact, it shows 2 different ways they got to the total $ supposedly owed.

    Since Equifax del'd it, I filed a similiar complaint with Transunion. Hopefully it will go the same way.
     

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