Im new, and need some pointers, advice Please

[jchire2]

Hello, and thank you for all the help from this board,

I had a debt with a utility co. in the Illinois, County of Cook, which had gone to a Collection agency sometime in 2006 (not too sure of this). In early 2007 I began paying the bill and finished paying the 1st qtr of 2007.

In early 2008 I established service with the same utility co in Dupage Cty. They wanted a deposit which I had gladly rendered to them, which they subsequently returned to me.

March 2010, I pull a free credit report that lists the collection agency of utility co trying to collect a debt. I dispute and it comes back verified.

August 2010, I pull next free credit report and the same debt is listed with the collection agency. I dispute again, it comes back verified, I sent MOV to Credit Reporting Agency and DV to collection agency. MOV comes back, looks okay. Collection Agency letter comes back asking me to send records proving this debt is not mine. I look through my records and it looks like this debt belongs to me, but I get distracted and dont follow through.

Dec 2010, I pull next free Credit Report and the same collector is listed, I dispute again and it comes back verified again.

January 2011, I pay off the Debt Collection agency.

February 2011, I receive a check from the utility co. (in the same amount of collection agency check). Huh!? I call utility Co, and representative tells me that I do not owe anything and this debt had been paid in 2008. Further, "We send out notices to Collection Agencies every quarter of the year to tell them to stop collections". I ask if I may have a copy of that letter (notice) and rep tells me, "We cannot send that to you", I ask if they can get me a transcript of it, showing Date, my name, acct no., etc., rep again tells me no.

I think I am entitled to something. In effect the Collection Agency has been reporting to Credit Reporting Agency a debt that I do not owe.

I call the Illinois Dept of Professional Registration, and they tell me that they have no complaints that went through on this collection agency.

I believe I can bring suit for damages under FDCRA, but Im not sure which place to start, Is it go to Cook County Court Hse and research cases (if there is a case like my situation)?

I have spoken with a Lawyer who told me that lawyer fees would be much more than I could potentially win in a case.

How can I get this notice from Utility Co?

Thanks for your help,

J

[VADebtor]

You have claims under FCRA for multiple inaccurate reporting (each verification) against the CA and for improper verification (parroting) against the CRAs. The MOV is critical, does it show they did anything other than accept an electronic verification from the CA?

There may be FDCPA violations as well, but I believe you can get $1,000 statutory damages and importantly, attorney's fees on the claim under FCRA. Try to find a NACA consumer attorney who specializes in these matters.

I would file a complaint with the PUC for the utility's failure to properly supervise the CA and ask the PUC to force the utility to provide information on their notices to the CA.

[Prosay]

Hello, and thank you for all the help from this board,

I had a debt with a utility co. in the Illinois, County of Cook, which had gone to a Collection agency sometime in 2006 (not too sure of this). In early 2007 I began paying the bill and finished paying the 1st qtr of 2007.

In early 2008 I established service with the same utility co in Dupage Cty. They wanted a deposit which I had gladly rendered to them, which they subsequently returned to me.

March 2010, I pull a free credit report that lists the collection agency of utility co trying to collect a debt. I dispute and it comes back verified.

August 2010, I pull next free credit report and the same debt is listed with the collection agency. I dispute again, it comes back verified, I sent MOV to Credit Reporting Agency and DV to collection agency. MOV comes back, looks okay. Collection Agency letter comes back asking me to send records proving this debt is not mine. I look through my records and it looks like this debt belongs to me, but I get distracted and dont follow through.

Dec 2010, I pull next free Credit Report and the same collector is listed, I dispute again and it comes back verified again.

January 2011, I pay off the Debt Collection agency.

February 2011, I receive a check from the utility co. (in the same amount of collection agency check). Huh!? I call utility Co, and representative tells me that I do not owe anything and this debt had been paid in 2008. Further, "We send out notices to Collection Agencies every quarter of the year to tell them to stop collections". I ask if I may have a copy of that letter (notice) and rep tells me, "We cannot send that to you", I ask if they can get me a transcript of it, showing Date, my name, acct no., etc., rep again tells me no.

I think I am entitled to something. In effect the Collection Agency has been reporting to Credit Reporting Agency a debt that I do not owe.

I call the Illinois Dept of Professional Registration, and they tell me that they have no complaints that went through on this collection agency.

I believe I can bring suit for damages under FDCRA, but Im not sure which place to start, Is it go to Cook County Court Hse and research cases (if there is a case like my situation)?

I have spoken with a Lawyer who told me that lawyer fees would be much more than I could potentially win in a case.

How can I get this notice from Utility Co?

Thanks for your help,

J

HAVE YOU CONSIDERED FILING A COMPLAINT WITH THE FEDERAL TRADE COMMISSION as well as the Ill State Attorney General office of Consumer affairs ? Have you considered contacting the local news media, tv, radio, newspapers in this regard ? Sounds news worthy to me !

Also if you can prove your situation, you might consider contacting the US POST Office relating your story and see if they will file charges for mail fraud under TITLE 18 US CODE CHAPTER 63 art 1341 COLLECTIONS ( mail fraud, fraud and swindles)

[jchire2]

VAdebtor,

Thank you, Upon reviewing my situation, I realize I misstated the facts. Spring, 2010, I had pulled CR and used the online tool to dispute the Collection and it got deleted. Fall 2010 I had pulled CR from diff CRA, disputed the same tradeline CMRRR, came back verified, did not send MOV, instead wrote the Collection Ag CMRRR asking for more info and why they continue to report when they were deleted from a Diff CRA credit report, thats when they send me letter asking that I prove debt is not mine.

Yes they were deleted from 1 CR but not the Next 1.

I think for my State, PUC is ICC?

Prosay, thank you also,

I have not considered filing a complaint with FTC, as stated I am new. I did contact state AG who transfered me to file a complaint with the Ill Dept of Prof Regulation. Did not think of Consumer Affairs. Do not care to contact media on this as yet.

I have not contacted (did not know) And this/more is why I am here asking for pointers.

Finally, I can file a complaint with Ill Dept of Professional Reg, will contact AG re: consumer affairs. Will look into FTC complaint. Who do I file a complaint on, is it Utility Co? Debt Collector? CRA?, all 3?

Thanks so much

Edited March 6, 2011 by jchire2

[Prosay]

VAdebtor,

Thank you, Upon reviewing my situation, I realize I misstated the facts. Spring, 2010, I had pulled CR and used the online tool to dispute the Collection and it got deleted. Fall 2010 I had pulled CR from diff CRA, disputed the same tradeline CMRRR, came back verified, did not send MOV, instead wrote the Collection Ag CMRRR asking for more info and why they continue to report when they were deleted from a Diff CRA credit report, thats when they send me letter asking that I prove debt is not mine.

Yes they were deleted from 1 CR but not the Next 1.

I think for my State, PUC is ICC?

Prosay, thank you also,

I have not considered filing a complaint with FTC, as stated I am new. I did contact state AG who transfered me to file a complaint with the Ill Dept of Prof Regulation. Did not think of Consumer Affairs. Do not care to contact media on this as yet.

I have not contacted (did not know) And this/more is why I am here asking for pointers.

Finally, I can file a complaint with Ill Dept of Professional Reg, will contact AG re: consumer affairs. Will look into FTC complaint. Who do I file a complaint on, is it Utility Co? Debt Collector? CRA?, all 3?

Thanks so much

I would file against all 3...someone dropped the ball, and let all 3 explain to the FTC why it was dropped and by whom. Just provide the FTC with detailed information.

...and you might also consider a complaint to the Better Business Bureau, as I understand they will ask questions also . Go ahead and file a formal complaint with the AG as well. This way, if you go to the media, you have a list of all parties to whom you complained...and this will give the media investigative reporters some folks to interview...follow me here ?

Edited March 7, 2011 by Prosay