This past June I got copies of all of my CR's and found a CA named American Agencies listing a debt on behalf of SW Bell. I sent first DVR on July 3rd, second on Aug. 22. No response to either letter. I disputed the information twice to TU (others dropped it first time around), and now they've deemed my dispute as frivolous. I called the CA on Oct. 20 (I know, shouldn't have called them) and they said the OC, SW Bell, had assigned the debt to them in April 2002, that they sent a dun letter to my old address in May '02, and that the reason they hadn't responded to my DVR's was because the OC hadn't responded to their requests for final billing information, and until they did recieve said information, this would remain on my reports. So then yesterday, I called SW Bell, and they say there is no delinquent account data in my name, SS#, etc. So what do I do now? Should I send a letter demanding they remove this or else? I've already cited FDCPA 809(b) and they brushed it off. Can someone please tell me exactly which FDCPA sections are being violated here?
(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. Contact the OC, and tell them to put what the CSR just said in writing, or else you will take them to court. Then send that to the CA and tell them to remove the TL from your reports.
Well, CSR is a new abbreviation for me. Didn't see it in the glossary. Any way, I told the final billing rep at SW Bell everything that the CA told me. She didn't seem too interested that this CA is supposedly reporting on their behalf. Said to call CA back (yeah, right) and see if I couldn't get ahold of a supervisor. The person I spoke to at CA's office WAS a supervisor, and a very unhappy, cranky woman too, I might add. No way I'll ever call back! At any rate, the CA has informed TU that the account is in dispute, but I can't get anyone to even claim actual ownership of the debt. The CA insists that the account was assigned. Sbc says they own no such delinquent account. Which brings up another problem. If CA can't prove to me that I owe the debt, how are they proving it to TU? Called them and asked just that. They said they sent a copy of the file information to CA and they confirmed the information in the file. As I said before, Tu has deemed my dispute as frivolous, and are refusing to reinvestigate without court papers or a new information from the creditor.
Just got off the phone with SW Bell. She said they can't send me a letter saying I don't have a delinquent account with them. Seems they don't have a form letter in their file that covers this situation...
Amercian Agencies is the scum bag collection agency of all times. They flat out told me to sue them. I went through the whole process with them from start to estoppel to ITS. I have filed suit against them and they are STILL reporting this - in fact, experian could even update this account! Good luck. If you figure out how to get this off your report, let me know how you did it!
OK, I still don't know what I should do at this point, or what sections of the FDCPA that I can quote that they won't brush off. In truth, I DID owe SW Bell an old bill, which they did sell to American Agencies, but at this point, American Agencies has not shown ownership of this debt, and has twice, verbally, flat out denied ownership. On top of that, they aren't reporting the correct delinquency date, just the "date placed", and are still listing it on SW Bell's behalf. And although I've read various explanations of esstopel, I really don't understand how to apply it. I have found that as I get older, my reading comprehension, especially legal terminology, is not what it used to be. Can someone tell me how to use this seemingly valuable term?
You now have the right to sue the CA for verifying a disputed unvalidated debt to a CRA. Also in the suit, sue the CRA for its refusal to investigate. If they want Court papers, give them a summons.
CRA (TU) has "investigated" this twice since I began disputing the information. They said the debt was "verified" both times. Also, went to BBB of Califonia website and got infor on this CA. Seems they are known for not validating debts and reporting incorrect information. They've been in business since 1965. You'd think that the FTC or someone would have shut them down for illegal practices. At any rate, I'll be sending copies of my next letter to American Agencies to the FTC, Atty. Gen. and The BBB in their area.
topical: just because they 'investigate' doesn't mean that they investigated while maintaining adequite safeguards to ensure the validity of their records, which is their requirements under the FCRA.
May '02, and that the reason they hadn't responded to my DVR's was because the OC hadn't responded to their requests for final billing information, and until they did recieve said information, this would remain on my reports. tropicaljo They are willfully reporting this while admitting they can't validate it. $1000 violation. Just got off the phone with SW Bell. She said they can't send me a letter saying I don't have a delinquent account with them. Seems they don't have a form letter in their file that covers this situation... tropicaljo Write up one yourself. Send it to them. Tell them to sign it and send it back to you. On top of that, they aren't reporting the correct delinquency date, tropicaljo ReAgeing another $1000. And although I've read various explanations of estoppel tropicaljo Send them the estoppel letter. It gives them 15 days to prove it or remove it. If they don't send an ITS letter after the 15 days and then sue them it they don't comply. Tu has deemed my dispute as frivolous, and are refusing to reinvestigate without court papers.tropicaljo *If they want Court papers, give them a summons. Flyingifr *Cute Flyingifr , I like it.
You guys are GREAT! So far, it looks like I have them on at least 6 violations. COOL BEANS!!! Thanks for the advice about writing the letter myself and sending it to SW Bell. Any idea on the address to send it to? I don't think it should go to the office that we send bill payments to, and can't find a customer relations address on the web.
Ok, I got knuckle bumps all over my head when I posted this issue on another board. Was told in no uncertain terms that I have NO grounds for lawsuit because the CA is currently reporting "consumr disputes account info" they are covered for all the violations you folks pointed out. So this is exactly how it is listed on my CR. American Agencies #XXXXXXX Open Account Acct info disputed by consumer Updated 09/2003 Balance $506 Individual Acct Placed 05/2002 Most owed $410 SBC/SWBELL AR 31021020400 >Status as of 09/2003: Collection Account< So, can anyone answer these questions? 1) Doesn't the notation 'SBC/SWBELL represent the OC? 2) Any idea what does that number after AR represents? 3) When you see the term "collection account" on your CR under status, does this mean that it was merely assigned to a collection agency, or could it also mean that the collection agency owns the account? This is so damn confusing!
Ok, I got knuckle bumps all over my head when I posted this issue on another board. Was told in no uncertain terms that I have NO grounds for lawsuit because the CA is currently reporting "consumr disputes account info" they are covered for all the violations you folks pointed out. So this is exactly how it is listed on my CR. American Agencies #XXXXXXX Open Account Acct info disputed by consumer Updated 09/2003 Balance $506 Individual Acct Placed 05/2002 Most owed $410 SBC/SWBELL AR 31021020400 >Status as of 09/2003: Collection Account< So, can anyone answer these questions? 1) Doesn't the notation 'SBC/SWBELL represent the OC? 2) Any idea what does that number after AR represents? 3) When you see the term "collection account" on your CR under status, does this mean that it was merely assigned to a collection agency, or could it also mean that the collection agency owns the account? This is so damn confusing!
Re: Re: Problems with a CA I've never heard of the Yahoo site, and I don't know what ya'll consider the "fool's board". Actually it was the CIC board, and I'm still rubbing those knots on my head! Feels like I must be just too dumb to breathe the same air as some folks, ya know?
