I pulled my credit report from one of the 3 big guys and found that in the "Personal Information" under "Names:" there is one name that has nothing to do with me. the interesting thing is that a collection agency has been trying to collect money from me but using this erroneous name on all correspondence. What can / should do?
Ask the CRA to update their records with your correct name, address, and SSN You may have to send them copies of your SS Card, Driver's license, and a current utility bill with your correct information
Is the name entirely unrelated to you, or is there a similar last name, or is it a relative or ex-spouse?
Might be that the credit reporting agency corrects the incorrect name, that they will remove the incorrect account that does not belong to you. Find out who the creditor is and ask them to correct the information on their records so that it does not get added back to your credit report.
Well it's a little more complicated. Basically, I had a dispute with a creditor that claimed charges on my account that weren't mine. I neglected to clear the whole thing and they charged off the account and gave it to a CA three years ago. When the collection agency started sending their letters they had that incorrect name associated with my account. By mistake a roommate talked to the CA two years ago and told them my name wasn't what they claimed it was. Oups... Now when I get their letters both names are on the address. Does this CA have any grounds for suing me as they claim? Would the Collection Agency appear on my credit report? Right now there is no mention of them...
Oh, so the dispute is with the creditor, never got it resolved. humm it would show up on the credit report that way. What state are you in? There is a statute of limitation on all debt, and I can check see if you are past. How long since the charge was added to the account?
Well, I noticed the incorrect name on my credit report. The negative on my report is from the creditor who closed the account and charged off in 2002. The original dispute goes back to 1999. The collection agency is nowhere on my report. Can you refer me to a link for the statue of limitation on all debt? I don't want to post too much personal info on a message board.
Re: Re: Wrong name on personal information Try here: http://www.fair-debt-collection.com/statue-limitations.html
Re: Re: Wrong name on personal information thanks. I'm assuming my debt is a written contract. So it would have a SOL of 5 years but from what date?
Re: Re: Wrong name on personal information If the collection agency had a leg to stand on, wouldn't they be reporting to the CRA? Shouldn't I see them on my credit report? There is no mention of the collection agency on my report though the CA has been threatening to sue me for two and a hlaf years now. Every so often I receive a letter stating to let me know that they have/are filed/filing a suit and I will be notifided within 30 days by the court. Never has happened... the only negative on my credit report associated with this debacle is from the original creditor nothing from the CA. What does this all mean?
Re: Re: Re: Wrong name on personal information Written contracts are usually for "installment-type" like car loans, etc. Credit Card debt is usually "open-ended" What is the debt for? The SOL for collecting on a debt begins from the moment the debt first became delinquent IF no other payment, (or in some states - even an acknowledgement or agreement to pay) has been made. In other words, even a partial payment, or agreement to pay a debt will reset the clock on the SOL to collect on the debt Also, the debt is sometime "TOLLED" , that is the time to collect is suspended if you move out of state before the SOL has run, then move back
Re: Re: Re: Wrong name on personal information If this is the case they may have violated the FDCPA for threatening to take an action that they have no intent of doing... From the FDCPA: § 807. False or misleading representations [15 USC 1692e] A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (5) The threat to take any action that cannot legally be taken or that is not intended to be taken (after 2 1/2 years it could be argued that they do not intend to take any action) (9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.
Re: Re: Re: Wrong name on personal information credit card. When my roommate talked to the CA, he said over the phone that I would pay the deal they were offering. Did that alone reset the SOL?
Re: Re: Re: Re: Wrong name on personal information than again that oral agreement that i didn't make myself might of cancelled that. The last letter threatening to sue was received less than a month ago. Perhaps they will follow through this time... what should I do to deal with this CA???
Re: Re: Re: Re: Wrong name on personal information Not unless you have given your roommate power of attorney to act on your behalf ALSO: the CA may have violated the FDCPA for which you could sue them by speaking to a 3rd-party i.e.your roommate - about your debt Word to the wise - don't talk to them on the phone any longer. Tell them that they need to send anything they wish to discuss with you through the mail! Ask them for their mailing address and send them a limited cease and desist demand that they contact you by mail only concerning this issue
Did you ever send the CA a VALIDATION LETTER? If not, then that is what you need to do before they decide to sue you!
