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What should be my next move


wishFICOwasdead
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I have not posted in a while because i thought i had evertying moved. i got crap one and nco off my CR. then shows up scana energy saying i had an account with them so i sent them a DV letter and got no response then i sent another DV letter and got this response:

SCANA Energy received your letter dated 9/24/08 requesting information pursant to the Fair Debt Collections Practices Act. When SCANA collects in its own name, it is not considered a "debt collector" and the terms of the Fair Debt Collections Practices Act that you invoke in your letter do not apply.

If your letter is an attemp to dispute information that SCANA furnished a consumer reporting agency pursant to the Fair Credit Reporting Act, the information in your letter is not sufficient

My letter charged the following things:

1. Failing to notify CRA the accounts were in dispute Section 623 (3)

2. Not validating debt but still reporting to the CRA Section 623 (A)

have i done something wrong or left someting out please let me know and what should be my next step?

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I have not posted in a while because i thought i had evertying moved. i got crap one and nco off my CR. then shows up scana energy saying i had an account with them so i sent them a DV letter and got no response then i sent another DV letter and got this response:

My letter charged the following things:

1. Failing to notify CRA the accounts were in dispute Section 623 (3)

2. Not validating debt but still reporting to the CRA Section 623 (A)

have i done something wrong or left someting out please let me know and what should be my next step?

Go here for information on the proper steps to take regarding disputes with an OC:

http://www.creditinfocenter.com/repair/DisputingWithOriginalCreditor.shtml

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Go here for information on the proper steps to take regarding disputes with an OC:

http://www.creditinfocenter.com/repair/DisputingWithOriginalCreditor.shtml

thats where i went and got the information from. they sent the letter above and then sent another letter saying they have nothing with my signature because they don't require them.

what should be my next step

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You don't DV the OC. For the OC, you can request an investigation via a 623 letter. However, they will most likely just send your past statements.

When you signed up for the service, did you sign anything? If you didn't, then you can't really ask for a signature, can you?

How old is this and have you tried PFD?

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i never signed anything because i never had the account. when i asked for proof along with all sources of payments they just sent me the monthly bills. its at an address that i have never had.

do i just proceded to the law suit stage?

So who's name is on the account? Did you just tell them they have the wrong person?

But it sounds like you really want to sue. So, go ahead.

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So who's name is on the account? Did you just tell them they have the wrong person?

But it sounds like you really want to sue. So, go ahead.

its my name and SSN on the account but not my address. when i called after they sent the letter in my orginal post they said they had proof and when i asked what it was they said don't worry we have proof.

i don't want to sue because i really don't have time to go to court but it may be my only option

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File a police report for ID theft and report it to the FTC on their site.

Send info to the OC and tell them you never live at the addy they cited. Send ID Theft info to CRAs (who are obligated by law to suppress ID Theft TLs so they dont appear).

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Who is scana energy? Sounds like a utilities place to me...and I know that I have never signed for my utilities (renter) but am still responsible for them.....

Does the address they give sound familiar at all...... I don't know why a utilities company would have your name and SSN with an incorrect addy...

Something seems a bit off to me.

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SCANA Energy received your letter dated 9/24/08 requesting information pursant to the Fair Debt Collections Practices Act. When SCANA collects in its own name, it is not considered a "debt collector" and the terms of the Fair Debt Collections Practices Act that you invoke in your letter do not apply.

If your letter is an attempt to dispute information that SCANA furnished a consumer reporting agency pursant to the Fair Credit Reporting Act, the information in your letter is not sufficient

i have been reading over this and tell me what you guys think no according to

FDCPA's Section 803(6), 15 U.S.C. § 1692a(6)

"debt collector" as "any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another."

doesn't that make them in turn a debt collector?

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..doesn't that make them a debt collector....

Doesn't sound like it to me. Here's why: It sounds to me like SCANA Energy is an OC. OC's collecting their own accounts, for themselves, are NOT Debt collectors under the FDCPA.

Regarding your quote:

FDCPA's Section 803(6), 15 U.S.C. § 1692a(6)

"debt collector" as "any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another."

Read the bolded/underlined parts.

I refer you to a few replies above this one - to my previous reply. Something seems off to me, as any company who calls themselves "energy" sounds like a utility company to me.

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