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Help, CA did not validate and now on CR


HOOT
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Hello to all-

I know this has been talked about before and I did read some posts, but thought since I am in FL and am not really sure about our laws, maybe someone could help. I have been doing credit repair now for two months and have made great progress. Until now.

I received a letter from Omni Services about a debt to Alltel for 674.00. Not mine. I sent them a validation letter within the 30 day timeframe and never heard from them. And there it is today when I pulled by TC report. What do I do now? Try to validate again or do I need to try to dispute with CRA. Thanks in advance!

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How long ago did you send this? Did you send it certified? Do you have proof of when they received it? How old do they say this supposed debt is?

They aren't supposed to pursue ANY collection activity before validating or while the debt is in dispute. If they listed this account after they received your letter, they just blatantly broke the law. You can try re-DV'ing, but personally (if you have proof), I'd sue. I think that's a violation for each CRA they reported to? Experts, correct me if I'm wrong.

Grrr. That stuff makes me really angry. Get some advice from the pros here first; I'm not one. It just makes me livid that they did that to you.

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Thanks Hinky!

The thing is and I am sure I will get ridiculed for this , but I received the letter on April 18, 2006 and I Dv on April 27th, yet I did not send certified :oops: Although who is reporting on my credit for this debt is not the same CA that sent letter. It is actually Alltel themselves and I never received anything from them. I was not far into the credit repair by then, but should have sent certified, but they are not the ones reporting. What now? Any help would be appreciated!

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If its AllTel reporting as the OC, then nevermind the CA...call AllTel and duke it out with them over the phone (if it truly is not yours). As a general rule NEVER call a CA...but...you sometimes can get things fixed by calling an OC. Play dumb...don't agree to anything...use the "I found you on my credit reports, I don't remember ever having an account with you guys, what can you tell me about this" kind of approach.

You may wind up suing somebody over this, but again, if it truly isn't yours, then start with the OC...

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Thanks! That is what I thought about doing, but wanted to make sure first. I know my husband had an Alltel cell phone at one time and I asked him was this yours, but he is like no, I paid in full before I switched to Nextel. So I am clueless as to how this is mine! I will call them and hopefully get it worked out. Thanks again to all! Will let you know what happens.

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Here is what happened:

I just spoke with Alltel and they could not pull up the account by getting my SS#. They could only do it by name. I said this is not my account. Turned out same name on acct, but not SS#. How do they report such things on your credit if they have no SS# and why did they not just use the ss# they had to report it. Very scary indeed!

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The CRAs will allow posting to a credit report if 3 out of 4 of the following are "close enough":

Name

Address

Previous address

Social Security number

Rather than continue this farce with them, use the new provisions of the FACT Act. If this truely is not your acocunt, simply go down to the police department and fill out an Identity Theft report. You do not need to know the identity of the person using your personal information to file such a report.

Mail a copy of the report allong with a letter to them telling them that upon receipt it is a violation of Federal law to continue reporting or collecting. The must remove it from your credit reports, cease collections permanently, and never sell/transfer the account to anyone else.

Now if it turns out the company made a mistake and identified you as a debtor incorrectly, they have to explain why they are engaging in consumer fraud by attempting to extort payments from the wrong person after being notified such.

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I asked the Alltel lady could she just not delete this off my cr and she said she is showing nothing where it was reported. I said well it says Alltel and has your phone number on my credit report. She told me that I needed to contact the CRA personally and have them remove and explain to them it was a mistake and it is the same name, but not the ss# and this is not my account. :roflmao: That sounds too easy! I have already disputed on line and will call them. I hope that it does work. This could be a nightmare to fix. Thanks.

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