Jump to content

Collection Account on CR but CA never sent me a notice


Guest 360Credit
 Share

Recommended Posts

Guest 360Credit

I got this e-mail notification that an inquiry and a collection account has shown up on my CR (EQ and TU). It deals with a Cingular bill for $11.

CA= COLLECTION CO OF AMERICA

I never received a notification about this debt from CA.

The Cingular account had been closed since my GF and I got a family account

The account in question claiming the $11 had been closed and they put my phone on my GFs account. Cingular confirmed over the phone that the old account as paid and everything (working on getting this in writing).

What should my next step be?

I put together this letter I want to send to the CA (let me know what you think):

"

A collection account has been reported to the credit reporting agencies for Cingular Wireless in the amount of $11. I did not receive any notification from your collection company regarding this debt and I find this to be a violation of the Fair Debt Collections Practices Act Section 809 (Validation of debts)

Your company has wrongfully reported this collection account to the credit reporting agencies without sending me a notice of this debt. Furthermore your company ran an inquiry against my credit report with the purpose of lowering my credit score (outlined in FCRA section 604). I request that you contact ALL the credit reporting agencies and remove this account inform them that this collection account needs to be removed. I expect your response in 10 days.

If I do not receive a response from your company and you’ve not contacted all the credit reporting agencies to have this false account removed I WILL SUE YOU.

I will be invoking the rights given to me under the FDCPA section 813 (Civil Liability). The basis of my lawsuit will be defamation and financial injury.

I’m filing these motions in Small Claims court based on legal precedent established by the US Court of Appeals, Ninth Circuit, No. 00-15946, Nelson vs. Chase Manhattan.

I will be seeking actual damages.

I’m also prepared to file a secondary motion based on the fact that your company ran inquiries against my credit report in order to blatantly lower it. This directly violated the statues of the FCRA section 604 (A)(3). I will be seeking the maximum fine allowable by the law which is set at $1000.

"

Link to comment
Share on other sites

First of all Welcome!:)++

How old is this $11 debt. :roll: Seems ridiculous that they place on your CR. :?

When you say they place the phone number on GF's account do you mean it is reporting on her CR too? She can always dispute with the CRA's as not mine. But for you, is this CA assigned or have they bought what they thought was an oustanding bal from Cingular? Does the OC, Cingular still own this account? It sounded like they were trying to help you out? :confused:

I would not go the "intent to sue" avenue. This seems like it can be resolved before getting to that. Remember, suing should be your last resort after you have exhausted all your avenues of disputing. This means disputing with CRA's, asking for validation from the CA's and requesting OC for verification of said account.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.