I'm in need of some help regarding my credit report and where to start. I used this site before for credit repair but kind of lost track. I recently had my credit report pulled and noticed that a paid account is still showing on my report.The thing about it is this account was paid off in 2009 (Sprint/Cavalry Portfolio); however, Enhanced Recovery reported this account opened with them 5/2010, with the original creditor as being Sprint. I've only had one Sprint account. The balance owed is showing $672 where Cavalry was showing a balance of $694. I know a letter should be written, but I want to know is this illegal for my account to be sold to another collection agency after it has been paid and the receiving collection agency reports the debt as being owed? Any advice will be very appreciated. Thanks in advance
The key here will be documentation. Do you have proof of payment to the OC or CA in 2009? What was the DOFD? Do the Sprint account numbers as reported by Enhanced and Cavalry match?
Ok, the first thing would be to demand validation of the account. You don't know for certain whether this is the same account, yet, or not. While it most likely is, given the similar account balances (Cavalry's balance could have included interest on the original balance.) With a CA/JDB. there is a chance that the payment (ahem) never got correctly applied (ahem) and the account got recalled without anyone knowing about the money that was collected. Or even worse, sometimes they'll have the tradeline on your credit report after they've sold it, and when an unexpecting consumer sees the entry and does the right thing, they forget (ahem) to transfer the payment to the company that took the hot potato off of their hands. (I've had a company put an entry on my credit file a week after they sold it, by the time the entry appeared on my credit file, it had been transferred to four different companies.) Account number matches on the report itself won't always be possible, because the CRA would list the account number that the DF is using, and not necessarily the OC account number. That's why demanding validation for the account is so critical, to force the CA to disclose the name and account number with the original creditor, then it'll be important to have the documentation of the payment to the previous CA/JDB to go after both the OLD and NEW CA/JDBs.
Yes, I do have documentation from CA stating the debt has been paid.Enhanced Recovery reports the date opened 5/2010, date of last activity 3/2008. The account number Calvary used is their reference number not the original sprint account number. Enhanced Recovery is probably using their own reference number also. So to answer your question, neither account numbers match from either CA. Cavalry is no longer on my credit report I cross referenced my current credit report with a report from 2009. Enhanced Recovery is listed on my current report. Thanks for your advice.
Thank you so much for your advice. Is it best for me to attach the payment letter from Cavalry with the validation letter or leave it out?
You could leave it out if you want to see if Enhanced will hang themselves and try to claim you still owe the debt. It would be an easy FDCPA violation. Also, your DV letter needs to be sent certified, and track when they get it. Dispute the account immediately after they do to lock them down to a 30 day window. They cannot respond to the CRA dispute without responding to you, and from what you're saying, there's nothing here. Sounds like they never sent you a dunning letter either.
Leave it out, never provide evidence before you get the gotcha. As soon as I would know that Enhanced received the validation letter, I would send the CRAs a dispute letter as well. (If Enhanced verifies it with the CRAs before they provide validation, it's continued collection activity; and if they verify false credit information it's an actionable FCRA violation.) IF it turns out to be the same account; I would (if it was me) sue both Calvary & Enhanced for violating the FDCPA. Violations of 15 U.S. Code § 1692e "(2) The false representation of— (A) the character, amount, or legal status of any debt;" "(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to— (B) become subject to any practice prohibited by this subchapter." "(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed." "(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer." Why both? Emphasis on (2) & (6) for Calvary; by turning the account which is paid over to another CA/JDB, they are misrepresenting the amount, character & legal status of the debt, and that the transfer or assignment to another party subjects you to practices which are prohibited by the FDCPA. Enhanced would be communicating false credit information, the fact that there is a debt which is owed, and the amount, character & legal status of the debt.
