Transunion LIED, Two CA's battle for the same account - news at six.

[hypersloth]

So here's what's going on.

I have an old debt from 2005 for Columbia Gas.

Of course, I didn't pay it because it was for more than it was supposed to be by $500 or more. Dumb.

I started my repair process, and noticed two collection agencies collecting on the same debt.

I disputed with the CRA's. Came back verified, for both.

Mkay - so TU was the last one to come in, I was mad. So I called. Talked to someone in India apparently named Kathryn. She didn't care that they were both trying to collect on the same debt. So I asked her 5 times, "so tell me what you would do if TWO ca's were trying to collect on a debt...who do you pay"

Her response: "All we can do is dispute it"

ME: "I've already disputed it, can't you see that?"

Her: "Sir, please all I can do is dispute it again for you or put a note on your credit report"

Me: "So what is a note going to do? Is that going to help my credit score? Will it nullify one of the reports? Am I going to be expected to pay to both agencies?"

Her: Blah blah repeat same answer, I am a machine trained like a robot to follow a script and it's pretty much useless talking to me... (of course she didn't say that but you get the point)

So I called the OC. They tell me that the first CA has no rights to the debt. I need to contact them and tell them this. I laughed and explained to her that these people have been sending me letters and calling me EVERYDAY threatening to sue me and take my childrens college money (No JOKE).

She then puts me on hold and tells me that she needs to send this to their Intel dept and have them rectify this, but in the meantime would I like to make a payment in full to them, I can make a payment in full then notify the 'real' CA and let them know the account has been cleared with the OC by just giving them a confirmation #.

I asked for everything in writing, she said she couldn't do that - she would have their intel dept take care of things and that payment in full would bring my account current. No attempts to clear my credit report will be made either way.

This is not past SOL. Do I trust her and wait a week for something to happen? How much battling do I need to do to have the other CA removed from my report? How can two agencies report on the same debt? Even if they tell the one agency the bug off, will they take that tradeline off of my report?

Is this a new tactic by OC's? Have multiple CA's go after you, place tradelines on your report thus SLAMMING your scores in order to get you to pay?

How should I view this?

[Ahntara]

View as a petty dispute between two separate CA's.

The OC needs to straighten it out, both the placement and the reporting. They're the ones that transferred, sold or assigned the debt.

YOU have leverage here. The OC and CA's all want your money. You have already spoken to them, so call back and insist that your CR get corrected in exchange for payment. Tell the OC you will pay them and will only agree to their listing on your CR, in whatever form most acceptable to you. Make them deal with the CA's.

[hypersloth]

Yea I just through of something. They have been incorrectly falsifying information on my report for many many months now. I have leverage!

But it will probably mean nothing unless I steam forward full force with a lawsuit, in which case I probably should have written the OC.

Oh well. I didn't want to call and never talk to CA's on the phone..

But what should I expect? I mean, chances are the CA won't remove it from my report and the OC will tell me that the CA is responsible for listing that tradeline, not them.

Who REALLY do you go after here? The CA >IS< really at fault here, the debt was taken from them.

[LoveToGod]

So I called the OC. They tell me that the first CA has no rights to the debt. I need to contact them and tell them this. I laughed and explained to her that these people have been sending me letters and calling me EVERYDAY threatening to sue me and take my childrens college money (No JOKE).

Did you sent that CA a cease and desist letter? If you did then everything they either contact you by writing or call you they have scored another violation, and they can be sued for that. I would send them this letter so that they leave you alone. Then I would send a Debt Validation letter to them. Look at the links at top for this information.

[hypersloth]

No I did not C&D them yet. Just found out today they had no rights to the debt.

Funny I received an alert to Experian's report that it was updated on my Chase alerts. I checked and they are both there. So they must have just updated my experian report again for some reason.

I'm going to C&D them. Then I am going to send them an intent to sue, followed by intent to sue letters to the CRA's. Then I am actually going to sue them. I've already compiled about 5 minutes of court time in about 1 hours work with names, phone numbers etc.

I received a call about 10 minutes ago from the OC telling me that their investigation team called them and told them to leave me alone, they would be sending me a letter telling me NOT to pay the old collection company that they used to use. I will use this letter, send it to the CA with another intent to sue, and then at that point - will puruse them in court if I have to and sue for damages.

Should be a good time had by all..

[VeVe]

TU lied how exactly?

[Robert Nashville/Savannah]

Just to clarify; as was recently pointed out to me, there is no such language in the FDCPA referring to "cease and desist" - the actual term used in the act is "cease communication".

I realize everyone calls it a C&D - just letting you know.

Moving one, ordering a CA to cease communication with you would be, IMAHO, a very big mistake while you are concurrently TRYING TO COMMUNICATE with this CA to get this straightened out. Besides that, while this CA may be to blame or partially to blame, I suspect that this CA is not really the main problem here, Columbia Gas is likely the real source of the problem - CAs collect debts because creditors tell them to collect them; they don't usually waste their time collecting debts for accounts that aren't in their possession anymore.

You need to turn up the heat on Columbia Gas to straighten this out with the CA that is NOT supposed to be collecting - once that happens, getting that CA's tradeline removed should be very simple (or you'll have a major violation against them).

As to the prior violations of reporting for months, you would need evidence (such as copies of your reports from prior months) as well as some documentation from the OC about when this CA should have stopped reporting.

Keep in mind that Columbia is a public utility - they likely won't be in a negotiating mood. However, and this is a big however, they are also subject to the PUCO and the OCC which gives you some real leverage in getting Columbia to get this straightened out.

[hypersloth]

yea I thought about this a bit longer. They want me to pay while this is all happening. So I called the lady I spoke with before and said I'm sorry, but I can't pay this until I know exactly who to pay. You have two people that want the exact amount of money from me. Both claim to own the account.

She wasn't happy, and basically told me that they can't do anything more than have their whatever team call them and tell them what they already have. I requested a letter NOW for this issue and when I have it removed from my credit report, then I would pay in full but would surely require a removal of the tradeline.

She of course denied that they could do that. The CB's do not allow that, if that they get into trouble with the CB in question.

I said I didn't think that was the case as I belonged to a credit group now, and have learned a great deal about the process from people that actually work in the industry. She laughed and said that I shouldn't believe everything I read on the Internet.

Sigh. No matter. I haven't any plans on paying them. Why should I? It won't get removed from my report, worse - I will still show two collections on my report. One I can live with, I did the deed so I will sleep in the bed that I made so to speak, but two is well - stupid. With any hope they will take ME to court and I can show the issues with the papertrails that I have compiled.

Let's hope something happens positive out of this.

[momof5]

When people tell me "not to believe everything I read on the internet" I counter with, "You mean the FED GOVT changed the FCRA and the FDCPA when they posted federal laws on the internet? Are you telling me that the FTC has only posted FALSE information on the internet? Lady, at least *I* read from the horse's mouth...you sit there and believe what you are told by a co-worker who didn't read the law who heard it from a co-worker who didn't read the law.....who are you to stand in judgment?" Of course they usually hang up on me then!

[mycorrado]

Sounds like the OC was open to receive payments, and you now have some leverage thanks to the CA's actions..

Given the negative score impact of the innaccurate double reporting, negotiate a PFD with the OC. They will retract the collection and tell their CA's to drop it. In return pay it, but get the PFD in writing.

The innaccuracies now going un-corrected are actionable and if you politely make your case to the OC they will help. In other words,

"your CA's innaccurate reporting on this debt have damaged my credit score and I could take steps to protect my rights but would much rather settle this matter amicably"

Call the OC and ask for the name of the manager of the accounts receivable and send it to him/her

(kinda of a soft ITS:)

Mycorrado

[Robert Nashville/Savannah]

...

I worked for Columbia for many years before moving to Tennessee...I've never known Columbia to delete accurate, negative data from a customer's credit history...it is not that they "can't"; it is that they won't and frankly, why should they?

That was why I suggested the Consumers' Council and/or the PUCO - they can bring far more presure to bear than you will ever be able to bring on yoru own.

Also be aware that Columbia will NEVER loose the information that you left them with a bad debt so should you ever want gas service in one of the six states they operate in they will require the old account be paid.

Getting the tradline removed that is being reported by the CA that no longer holds the account "should" be relatively easy and in fact, you would have some recoruse (as in violations) should they get stupid and refuse to remove the account.