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Disputed Re-Aged Account w/Bureaus and CA, Both Say "Verified," What Do I Do Next?


pickle
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I apologize in advance if this has been covered and I missed it. I did search for it and didn't see it.

BMG Music sold a very, very old account to a collection agency who placed it on Experian without notifying me. When I discovered it, I immediately disputed it with Experian and was told just a few days later it was "verified and remains."

I then sent a letter to the collection agency disputing the account and reminding them that it is illegal to re-age an account. I also pointed out that it was illegal for them to report the account to Experian without notifying me of the debt first.

They replied with a letter that says, "As of March 11, 2009 you owe a total of $170.39." It goes on with the usual rhetoric, and includes the "30 days to dispute" disclosure which reads, "within thirty days after receipt of this initial notice."

The "initial notice" was sent only after I contacted them after seeing it on Experian.

So, as far as I can tell, their violations are as follows:

-They reported it without notifying me first

-This is proven with my letter dated 3/1/09 and their "initial notice" dated 3/11/09

-The account is re-aged and is probably around 10 years old

-They failed to provide what service or product the bill was for, an explanation of how they calculated the amount, a complete payment history or proof that the Statute of Limitations had not expired although I requested all of this by certified mail

I called, (I know, I know...I usually do everything by mail, but this one seemed to be a no brainer and I'm getting ready to buy a home so I needed a quick resolution), after receiving this "initial notice."

I spoke to an operator who said that they also have sent out a "verification letter" to me within the past couple of days, I haven't received it yet. I asked what was contained in the "verification letter" and she said "the address for BMG and that they sold us the account."

I reminded her that she needed to also provide the other evidence that I asked for, or the alternative would be a fine from the FTC to which she literally said, "That's ok. We'll pay the fine."

I've always had 100% success with removals up until this point. I've never had to go beyond where I am now. It seems there are a few different directions I could take with this and need some advice on how to be more specific with my next actions.

Thank you very much.

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So, as far as I can tell, their violations are as follows:

-They reported it without notifying me first

They likely didn't have to notify you first and even if they did; I think you would have a hard time making this one stick

-This is proven with my letter dated 3/1/09 and their "initial notice" dated 3/11/09

They have the right to take their position; you have the right to take your position...which one prevails will be up to a judge should you sue them or they you

-The account is re-aged and is probably around 10 years old

This is the issue with real substance in my opinion; assuming, of course, that you can prove they re-aged it

-They failed to provide what service or product the bill was for, an explanation of how they calculated the amount, a complete payment history or proof that the Statute of Limitations had not expired although I requested all of this by certified mail

While you certainly have the right to ask for it, they aren't required to supply that sort of documentation...that sort of information is for the discovery process during a civil trial. What the law requires them to supply is very limited...the "verification" letter they've sent to you is likely sufficient as far as the statutes are concerned

See my comments above in red.

I would advise you to research the 1-2 punch and section 623 of the FCRA...if you can prove the account was re-aged then you should prevail in the end but I think filing complaints at this point is premature.

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I've got one of these to deal with too. Last year I got a letter from a JDB (Northland) for a VERY old debt (CR says 1991 but last reported 2006??). Original debt with Castle Credit who sold it to Asset Acceptance who apparently sold it to Northland. I have absolutely NO idea who any of these people are... not even the OC. I did not send a DV. I got busy with work and my child and time got away from me.

So... what do I do now? I'm guessing to send dispute to CRAs. What to say? Debt not mine? I truly have NO idea what this supposed debt is. If nothing comes off CR, then I do the 623?

Thanks everyone.

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