wahoo238 Posted February 9, 2009 Report Share Posted February 9, 2009 Ok, have AT&T wirless, when we moved we changed our numbers to local AC, that some how has caused AT&T to run a "ghost" account. The account never had the same amount due,(gets smaller) CSA tell us nothing due. I have tried to get this corrected over and over, even sent them a copy of the paid bill with their conf# on it. Now low and behold yesterday get a lovely dunning letter from I.C. System Inc for this same account.So here is my plan, another letter to AT&T with all the info again and DV to CA along with a copy of all the info I have provided OC. Now my question, when they report and I am sure they will, as soon as they get docs from OC, since I have provided info as well as payment info will they be in violation of 623 below or does (d) knock that off the table. Any errors to my plan? Suggestions? Gotta have a plan, Thx§ 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2](a) Duty of furnishers of information to provide accurate information. (1) Prohibition. (A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. ( Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if (i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and (ii) the information is, in fact, inaccurate. © No address requirement. A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( shall not be subject to subparagraph (A); however, nothing in subparagraph ( shall require a person to specify such an address. (D) DEFINITION- For purposes of subparagraph (A), the term `reasonable cause to believe that the information is inaccurate' means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of the information. Link to comment Share on other sites More sharing options...
cjtx Posted February 9, 2009 Report Share Posted February 9, 2009 623(a) does not grant you a private right of action. It has to be enforced by the AG or the FTC. Some peolpe use it to trigger obligations under 623(, but on its own, it does not help much. At least not with your plan.If you want to pursue this path, you need to focus on 623(, which is triggered when you dispute with the CRAs. So you really need to wait until they report it.You got a better chance using TFC 392, because it applies to OCs, JDBs and CAs, whether they are reporting to a CRA or not. Link to comment Share on other sites More sharing options...
wahoo238 Posted February 9, 2009 Author Report Share Posted February 9, 2009 Thanks for the info definately would use TFC, would you suggest a different route? Like I said before gotta have a plan here. I am ex airline pilot and don't @#$% without a plan! lol Link to comment Share on other sites More sharing options...
retmar Posted February 9, 2009 Report Share Posted February 9, 2009 AT&T is one of the worst in closing out accounts. We had problems with them based on long distance services. It took me months to get it done. They still do not like me.If you have absolute proof that your account was paid in full, you do not need to send a DV at this time. Make copies of your proof and send it CMRR to the CA. Make it quite clear that the alleged account now being shown was not yours. Though we know that CA's lack intellignece as a whole, any reasonable person knows that when shown info of an account being closed and paid, and, most times matches the amount now alleged, that there is a problem at the OC, not the consumer.Also, the copy of your proof should have a return address for questions, complaints, etc. Do the same thing and send it to AT&T demanding they correct thier own internal problem. Send it CMRR. Wait for at least 65 days from receipt, then, unless already resolved, hit them again. Link to comment Share on other sites More sharing options...
wahoo238 Posted February 10, 2009 Author Report Share Posted February 10, 2009 Thanks Retmar, are there any other options, we were planning a new car purchase, nice car, but would have to finance a portion of it. I would hate to have AT&T hold my credit hostage and miss out on 3.9 apr. Link to comment Share on other sites More sharing options...
hendu Posted February 10, 2009 Report Share Posted February 10, 2009 Interesting.....I sent LVNV a 623 letter and they ignored it. Do you thing they are daring me to pursue litigation? Link to comment Share on other sites More sharing options...
retmar Posted February 10, 2009 Report Share Posted February 10, 2009 Here are two options. If others have one, please share.You could go straight to the source by calling AT&T. Ask to speak to a supervisor. Once connected, begin at square 1 and go. Be sure and note the date, time, names, employee numbers, if applicable, and main points of conversation. Make it quite clear they are in error and you demand they correct it now. Ask for their FAX number as you will send the proof to support your claim. Ask for a letter on their letterhead, bearing an authorized signature, that they have directed their CA to close, delete, and cease all activity. Upon receipt of the letter from them, send it to the CRA's by CMRR to have deleted. With that proof, it should come off without waiting the whole 30 day period.The other is to send a CMRR letter to the CA that you dispute this debt in it's entirety and demand they close, delete, and go away. Include a copy of your receipt the account was paid in full and that there is an error in AT&T's files alleging this claim is your liability. Cite FDCPA 807(8) along with 809. The first does not have a timeframe requirement, but, since you have not sent a DV, you want to include this in your letter. The main goal is to have them report the claim as "disputed" until such time as it is resolved. Why is that a disputed TL is not shown to potential creditors, only you.You can do both if you want. It is true they are to properly notify you as to reporting negative, but, since you moved, they can easily say they did not have your forwarding, but, sent it to the previous. Yes, if you filed a COA with the post office, and still have your acknowledgement letter from them, you could present a good argument. Forget contacting the PO as they destroy the file after one year. Link to comment Share on other sites More sharing options...
wahoo238 Posted February 11, 2009 Author Report Share Posted February 11, 2009 Thanks Retmar, half way home now, talked again w/ AT&T this afternoon and "ghost" account was zeroed. They also claim that account will be recalled from CA and I will recieve proof of that from internal collections. We'll see on that one.Going to follow up w/ DV to CA and copies of payments as a back up. Thanks again Link to comment Share on other sites More sharing options...
retmar Posted February 12, 2009 Report Share Posted February 12, 2009 Forget the DV. It will serve no purpose at this time and be a waste of money.Did you get the name of the rep you spoke to? Employee number, if applicable? Write down date and time? Main points of conversation? How long did they say it would take?Give them at least 14 days. Then call them back, ask for a supervisor, explain, and go from there. If you do receive the letter as promised and it says that the TL is to be deleted, just send it to the CA as kind of a reminder, plus, they might respond with a letter that shows the TL will be deleted. When this happens, you send copies to the CRA's and the TL is usually gone within the 30 day window.IF, by some chance, the TL is not deleted, let us know and we will show you the step to take. Link to comment Share on other sites More sharing options...
JustaTexan Posted February 12, 2009 Report Share Posted February 12, 2009 Good luck Wahoo. I HATE AT&T! Link to comment Share on other sites More sharing options...
wahoo238 Posted February 12, 2009 Author Report Share Posted February 12, 2009 Good luck Wahoo. I HATE AT&T! Thx, I'm with ya!! Link to comment Share on other sites More sharing options...
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