I posted earlier in the week regarding a 53.00 collection. I tried dealing with the original creditor but they were bought out by another company. The other company has no records regarding the debt. They suggested contacting the collection agency. I called them and they said they wouldn't do anything on the phone. They wanted a letter from me. What's the difference? Equifax verified this collection earlier in the month. What do I write to the collection agency? Also, I tried being nice when I called but with my temperment, it didn't take long for me to start raising my voice. Hope I didn't screw up any kind of chance of getting this removed from Equifax.
DEMAND THE PHONE NUMBER, NAME, ADDRESS, ETC. of who it was verified with. A LOT OF TIMES THEY DON'T REALLY VERIFY...IT'S TOO MUCH TROUBLE. If they can't provide the needed information...DEMAND PERMANENT REMOVAL.
Also - it's like "Catch 22" because the collection agency keeps it on the credit report and Equifax just verifies with them, yet there is no basis for the debt if the original creditor and records have disappeared!
IF EQUIFAX CAN'T provide name, address, phone etc. of the person they talked to...it should go away forever... If you deal with the collection agency...always send letter CERTIFIED R/R...if you call on the phone they will DENY OR SAY YOU MISS-UNDERSTOOD!!!
I would approach it from both sides. Send a validation letter to the CA, and a request for a description of the verification process (per FCRA) to Equifax. http://www.ftc.gov/os/statutes/fcra.htm#611 (6)(B)(iii) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available; (7) Description of reinvestigation procedure. A consumer reporting agency shall provide to a consumer a description referred to in paragraph (6)(B)(iii) by not later than 15 days after receiving a request from the consumer for that description. Send it and see what they say. Hope this helps, breeze
I guess it's me George. What I'm not clear about is, when and if Equifax does verify or try to, will it be with the collection agency or the original creditor? It would be easy to verify with the collection agency because their name and phone number are on the credit report but only the name of the original creditor..
Also VERIFY can mean matching name, address, and ss#...between two companies with no paper documentation... LYING COMPANY A TELLS LYING COMPANY B THAT THE INFORMATION MATCHES. SUPPOSE LYING COMPANY A (CREDIT REPORTING AGENCY) SAYS YOU DEFAULTED ON YOUR MORTGAGE IN 1978, BUT YOU WERE BORN IN 1980...THE CREDIT REPORTING AGENCY SAYS THEY CONFIRMED IT WITH THE COLLECTION AGENCY! SO YOU OWE THE MONEY...
I'll take your advice and ask Equifax to tell me who they verified with and also write a letter to the collection agency. Thanks.
If I were able to talk with the original creditor, this would be a contract dispute. I would argue that I didn't owe the money because I didn't receive the services they provided. But since I can't, I have to deny the debt is even mine. Ironic. Breeze - do you think this is the right approach with the collection agency?
George - I like your idea of reporting a creditor to your own collection agency. When I say I didn't get the service I was billed for, actually I didn't get the service for three months, two of which I paid. In a sense they owe me 106.00 for the two months I paid them. Why can't I put their name in a database somewhere and give them a black mark!
If the original creditor has no record of it, but the collection agency is trying to collect it, then you need to make the collection agency prove that the debt is yours. They will have to provide you with information from the original creditor. They won't be able to do that, because the original creditor doesn't have the information any longer. so, the collection agency will either say "you don't owe this, sorry we bothered you." and remove it from your credit report (or not respond when you dispute this), or they will simply not respond to you at all. If they continue to try to collect, or do not remove the entry from your credit report, they are breaking the law, and you can sue them. If the CRA says they have verified this, when they obviously can't, then same thing - they are breaking the law. You can send them a letter requesting they tell you what process they used to verify - including the name address and phone number of the person they spoke with. If that information is false, same deal - they broke the law, you can sue them, and make them remove it. Hopefully, they will all realize that this should be removed from your credit reports and they should not pursue it any longer. It doesn't make any difference at this point whether you actually owe the money or not. Forget it. Revenge won't get you anywhere, and it will take up more than $106 worth of your time. Just get the thing off your credit reports. FOCUS on your goal. You are getting sidetracked. breeze
