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Multiple Collection Agencies?
David Seldon posted a topic in CollectionsI have a long-standing dispute with T-Mobile, which started in 2009. T-Mobile claims I owe it money, and I claim I do not. T-Mobile has never addressed the reasons I give to support my position (mainly that it charged a contract cancellation fee even though I was on a no-contract plan). In 2011 I discovered Amsher Collection Service had reported me to Experian, and I asked Amsher to validate the debt. It didn't, so it removed the report. On July 10, 2015, Convergent Outsourcing, Inc. sent me a collection letter, and once again I asked it to validate the debt. It replied but did not validate the debt; instead, it said it would not act further on the debt. Then today, I received yet another collection letter, this time from Enhanced Recovery Company and dated August 27, 2015. Once again, I am drafting a letter requesting validation, but before I send it off I have a few questions. I am wondering what are the limits here? In particular: Is it legal for a single CA to fail to validate a debt but then keep on restarting the process with new demand letters?Is it legal for a single creditor, like T-Mobile, to engage multiple CA's serially, none of which are able to validate a given debt but each one of which creates more work and expense for the consumer (those certified letters add up!) and increases the likelihood that the consumer will not reply to a demand letter within the 30-day limit?Such failure to reply might be due to an oversight, the likelihood of which increases with the number of letters, or it might be because the consumer is away from home, ill, or has some other legitimate reason for being unable to respond in time. So suppose the consumer is out of town for five weeks, and a collection letter arrives the day after the consumer leaves home. Is there still any way to ask for debt validation, or does the consumer lose all rights because s/he was not home to receive the letter?Should I tell Enhanced Recovery that I just demanded validation from Convergent but Convergent was unable to do so, and that therefore I demand that Enhanced Recovery stop harassing me?Thanks.
Advice on Disputed Debt
bottomsup posted a topic in CollectionsA few years ago, T-Mobile billed me for an unreturned handset, for 300 and some odd dollars. I disagreed. A month and half before, I called them letting them know my handset wasn't working. It was still under their warranty, so they agreed to exchange it free of charge, however they required I return the faulty handset within 7 or so days of receiving the new one. I got the new phone, but no packaging materials. I called them letting them know that I couldn't return the old handset until I received shipping materials. They apologized, said they would send me the shipping materials, and extended the time it was due another two weeks. After a week or so, I left for a two month assignment in another state for my job. I hadn't received the shipping materials yet, and called T-Mobile informing them I hadn't received it, but was going out of town, so I wasn't sure that I would be able to get out the handset by their deadline. The agent I spoke with said she would make a note of it. My assignment only permitted me to come home on the weekends, if we weren't busy. I did make it home one weekend, found the packing materials and took it with me so that I could mail it off when I had time during the week. I mailed it off about a week after I got the packing materials. But a day or so later, I received a letter at my new address from T-Mobile (I had my mail temporarily forwarded), saying they were charging me for the handset. I called immediately speaking with a rude agent, who seemed to take it personally that the handset wasn't returned within the original 7 day time frame. I explained the situation to her, but she was not moved. According to her, T-Mobile gave me sufficient time to return the handset, even accounting for their gaff of not mailing the shipping materials, and she didn't see an additional extension of time. I said "Well, you can't charge me for the handset, I sent it to you." She insisted it does not matter and they were charging me anyways. I said I wasn't paying for a broken handset, that I returned to them. Then, she told me if I didn't pay, they would shut off service for my phone. Pissed, I say "OK" then after getting off the phone immediately call Verizon and have my line transferred from T-Mobile. Eventually T-Mobile sent me a bill for the handset and the cancellation fee, plus some other extraordinary fees making my bill to them nearly $1,000. Obviously I don't agree to any of this ish, and I felt I was forced to switch services given their stance on the charge for the handset. Within a month or two , they transferred my bill to Midland, who have called me incessantly. I told one agent "I didn't agree with T-Mobile that I owed the money, why on earth do you think I'm going to pay YOU?" Midland reported in 2012 sometime, so it is about two years old. How should I go about getting it removed?
Help! T-Mobile Refund but MCM owns collection?
TexanNCali posted a topic in CollectionsFirst of all, I would like to say THANK YOU. This forum and its members have been so helpful. To anyone that has just started their road to credit repair, do not give up. The road may be long but it is certainly worth it. All good things take time. If I can do it, so can you. I have an old T-Mobile account that was sent to MF. I found this collection while viewing my CR. I disputed the collection, asked for DV, and contacted the CA Attorney General as I believed MF to be in violation of several FCRA’s. The collection was removed from all 3 of my CR’s. I haven’t checked my CR’s lately but I assume the collection has not been reinserted. I have not received a letter from any CRA stating that the removed collection has been reinserted. I have heard that MF may use another name, MCM, to place the collection back on my CR. Approximately once a month, I receive a settlement offer from MCM regarding this collection. Notice the name change? The collection is about 1 year from reaching the SOL. Unfortunately, I do not know if or what I may have owed T-Mobile when the account was sent to collections. Unbeknownst to me, a family member used my social to open the account and claims all was paid. Of course, I have no proof of this. About 7 months ago, I reached out to T-Mobile to find out any information regarding this account. A T-Mobile rep gave me the balance but was unable to itemize or see charges. I was told that all information was sold to MF. Recently, I was contacted by T-Mobile and offered a refund for premium service text message overcharges. I was given the option to accept a $40 flat fee or request an account summary. I requested the account summary. After a few weeks, T-Mobile sent an account summary covering the premium text messages. According to the summary, T-Mobile owes me a $200 refund. Wasn’t all my info sold? MCM is still trying to collect the original balance that is obviously wrong per the account summary I just received. The last bogus premium charge was applied a few months before the account was closed. However, I do not have a complete account summary. I suspected, if I owed T-Mobile anything, the amount claimed was wrong. I will check all 3 of my CR’s as soon as possible. I would like to purchase a home in a few years and I think MF/MCM will certainly pop back up during this process. Any advice or suggestion is appreciated. Thanks! I have not accepted the $200 refund and have until June 2015 to do so.
Can I send a 623 letter to OC if...
TexanNCali posted a topic in Credit RepairThe OC has sold the debt, they are not reporting. I have DV'd the CA. The CA is reporting. The CA has not responded to the DV. I have disputed the entry with the CRA's. I am awaiting their response. If the item comes back verified, can I 623 the OC? I believe the amount the CA is reporting is inaccurate. I spoke with OC, they stated they have limited information regarding this account. I was given the balance owed but even the OC's customer rep said they didn't believe the charges were accurate. Unfortunately, the OC no longer has access to the itemized statement of charges. I was told to contact the CA as they have all pertinent info. I have a letter from OC stating what information they have. Can I 623 the OC demanding an investigation of how the balance was calculated? If the trade line comes back unverified, I would like to stop the CA from reinserting it or selling it to another CA . I have documentation showing that 2 out of the 3 numbers were ported to another carrier which proves the balance was paid. At the very least, the balance could not have reached what the OC alleges I owe. I have been told to relay this info to the CA. I plan on doing so when I send my follow-up DV letter. Basically, I'm trying to establish a paper trial if and when I decide to sue or get sued. Thanks