A collection agency has reported a derogatory item on my credit report, on behalf of a utility company. I called the utility company and discussed with the collections department....the person on the phone researched and told me that they had record of an account with someone of the same name, but the SSNs did not match. She would not give me anything in writing, and told me that I had to take it up with the collection agency. I notified the CA of this conversation, and they went back and had the utility company research the matter. The result of this "research" was that they claimed that the account did belong to me, completely opposite of what I was told on the phone. This utility company is now being completely uncooperative, is refusing to answer any of my questions regarding the account. I am wondering if they are in violation of the FCRA or the FCBA? I would assume that the FDCPA would apply only to the collector?
Is the collection agency collecting on an account assigned by the utility company, or did they buy the account? How "old" is the account? Do you know this is not your bill, for services you ordered? Is your question how you force them to this same conclusion? How is this being reported on your credit reports? Has either the utility company, or the CA, sent you anything in writing regarding this alleged debt? What type of utility company are we talking about? Electricity, gas? Phone service, cable? How much do they claim is due? Did either the utility company, or the CA, provide the address at which the service was provided, and the starting and ending dates of service? That is the key to showing it was not your account.
In general, you are trying to resolve this by phone calls. As you can see, this will get you nowhere if either party is not acting in good faith. It is unlikely the utility company could have found the account with your name but a different SSN if that was not in fact the way the account was set up. The CAs claim that it is your account, when the utility company's records show differently, shows you what you are dealing with in this CA. I presume you didn't give them your actual SSN. View anything this CA sends you with suspicion. You need to read FDCPA, and proceed to dispute the debt in writing to the CA, CRRR, as not your account. When you get your receipt indicating they have received your dispute, send a dispute to the CRAs reporting the account, as "not mine". If the CA "verifies" it is yours, when you know the utility company has a different SSN, you will need to go after them in court. In response to an FDCPA dispute thru the CA, the utility company will have to send you something in writing thru the CA. If your dispute is within 30 days of the CA's first letter to you (or if they have never sent such a letter) it will not be legal under FDCPA for the CA to try to collect until they respond with validation. From now on, send all communications CRRR, since you may need to take either CA, or even utility company, to court to get this off your reports. Although the FDCPA would generally apply to the collector, if the CA is agent for the OC, and if the CA violates FDCPA, and the OC is aware of and allows them to do so, you might be able to hold them both liable under FDCPA.
I do not know which of these is the case. They have refused to answer my inquiries on this. What is the best way to find out? I initially thought that it may have been mine. However (a) collection agency has been unable to produce any proof and (b) when I called the utility company, gave them the last 4 of my SSN for their research, and they said they had an account with the same name as mine but the SSN was different.
Right...and unfortunately I don't have equipment to record the calls. I've been trying to keep everything subsequently in writing, via postal and e-mails. Yeah, but the utility company conducted an "investigation" and now claims that it is mine. Already done this....their response was to have the utility company "investigate" it, and they said that collection efforts will continue. I'd like to do an Intent to Sue but need to figure out exactly which laws will apply to the OC.
Phone will get you nowhere. They will say this, or that, claiming anything, including that the "investigated", whatever that means, with impunity. To preserve your rights, and force their response, dispute in writing, CRRR, as provided for under FDCPA. Then their response, and any misrepresentations it contains, have some value later. There is clearly no shortcut. http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809 "�§ 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 -- (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. (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. (c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. "
What type of utility company is this? Has either the utility company, or the CA, sent you anything in writing? Did the CA send you, within 5 days of your first communication with them, the FDCPA notice of your right to dispute?