RockDaddy

Not a Credit Card Case, but still need Collections Advice...

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Here's my situation.

 

I have a Florida CA reporting negatively on my Credit Report since 6/2008.

On the actual TL, it says the Creditor Name is: COLLECTIONS.

Next it says the Original Creditor is: COLLECTIONS

 

Here's what it looks like:

 

Collection Accounts:  Accounts seriously past due

 

Creditor Name: COLLECTION

Account NO.:  158****

Original Creditor: COLLECTION

Responsibility:  Joint

Condition: Derogatory

Original Balance: $1565

Balance: $1565

Date Opened: 06/12/2008

Date Reported:  12/23/2012

Remarks: Account information disputed by consumer, meets FCRA requirements

 

Elsewhere on my Credit Report it lists contact information for a creditor called: NCC Business Services (FL)

 

From a Credit Report I pulled a few years ago, I know the name of the OC is  - Waters Edge Apartments. The CA is and was - NCC Business Services.

It's weird that the OC has been removed from my credit report entirely. They aren't listed anywhere whatsoever. But now called: COLLECTIONS.

 

What I'm wondering is - is this a violation of the FDCPA and / or FCRA because it's confusing and misleading.

 

This debt stems from a misunderstanding when I vacated an apartment.

I gave proper notice to a woman who either quit or was fired the following week.

Of course, the apartment complex claims they 'never got it' so I allegedly violated the lease...

 

Hence the charges: $1565

 

This is a joint account - I had a room mate when I lived there.

This is on their CR too.

 

Thanks for any help in advance....

 

I disputed it a few years ago, before I found out about this forum, and did it electronically, not by CMRRR. (I know, a bad idea)

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We don't know yet, of course, but you may a violation by the CRAs.  You know for a fact that there's no OC or CA named Collection.  When you disputed, what reason did you give for your dispute?

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

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We don't know yet, of course, but you may a violation by the CRAs.  You know for a fact that there's no OC or CA named Collection.  When you disputed, what reason did you give for your dispute?

 

I'm pretty sure if I did it online a few years ago it would have been 'it's not mine' first.

It then came back as 'verified' and I've left it alone.

 

However, over the last few years both the CA and OC have changed to: COLLECTIONS.

 

Thing is, if the OC isn't named and they are both called 'COLLECTIONS' isn't that 'misleading' to the least sophisticated consumer?

If you see where I'm going with this.....  :)

 

I guess I'll send a dispute to the CRA's first, is that the right thing to do?

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Your first dispute of an entry on your CR should ALWAYS be with the CRAs.  That preserves your right to sue for certain violations.  We can't sue for every violation under FCRA.  But the few things for which we can sue under that statute (Fair Credit Reporting Act) require that our first dispute must be made to the CRAs.

 

If you don't know whether you disputed the entry or not, I'd try it again under "not mine".  However, I'd send a written dispute by mail and inform them that I've never had an account with any creditor or business named "Collections". 

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Your first dispute of an entry on your CR should ALWAYS be with the CRAs.  That preserves your right to sue for certain violations.  We can't sue for every violation under FCRA.  But the few things for which we can sue under that statute (Fair Credit Reporting Act) require that our first dispute must be made to the CRAs.

 

If you don't know whether you disputed the entry or not, I'd try it again under "not mine".  However, I'd send a written dispute by mail and inform them that I've never had an account with any creditor or business named "Collections". 

 

No - I definitely DID dispute the listing when I originally pulled my credit report about 5 years ago.

I disputed it with each CRA via the online system. I'm guessing I did the 'not mine' but can't remember.

(see the Remarks section above:  Account information disputed by consumer, meets FCRA requirements

 

Back then, there was definitely an OC (Waters Edge Apartments) and CA (NCC Business Systems) listed on my credit report.

Now, of course, it just says COLLECTIONS for both of them. But this is now, about 5 years later.

 

I'm going to dispute as you've suggested about never ever having an account with any entity called 'Collections'.

The question is, what if it comes back as 'verified' by the CRA's.

 

I'm ready for a fight, this being the very last thing to clear up on my CR...  lol...

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I'm going to dispute as you've suggested about never ever having an account with any entity called 'Collections'.

The question is, what if it comes back as 'verified' by the CRA's.

Then ask for the contact information for "Collections".

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I would leave it alone until july 1 when is completly out of SOL, the dispute it with the CRA for insuficient info, you can dispute insuficient or inacurate info. If they don't correct the entry then sue them.

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If you look on the end of your CR, check to see who the data furnishers are on the list. If you can figure it out, then I'd re-dispute with the bureaus, and at the same time, send a 623 request to the CA that's reporting.

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1st Step,

 

There is no 'COLLECTIONS' listed under data furnishers.

 

There is however a company called NCC Business Services, and I can 'assume' they are COLLECTIONS.

But COLLECTIONS isn't listed there. 

 

I'm just afraid that the CRA's will just assume the same thing.... then what?

 

So I send a 623 to the Collection Agency that is reporting? I read that a 623 goes to the OC, which isn't listed on my credit report.

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I'm guessing that this hasn't been reported for a while (maybe SOL) and the CRA just marked it Collections to indicate it had been in collections, until it drops off after 7yrs or so. If so they cant't get it verified, so dispute it. I bet they can't validate it. Then if they don't remove it..............sue.

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SOL for a written contract is 5 years in FL, if it was me considering the SOL is around the corner I would let the TL alone until then, then yes hit them with a 623 over and over.

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SOL for a written contract is 5 years in FL, if it was me considering the SOL is around the corner I would let the TL alone until then, then yes hit them with a 623 over and over.

Kutuzov - you've mentioned this twice and I've definitely been thinking about waiting until the SOL is up in July of this year.

 

Then I'll probably send an MOV letter (thanks 1st Step for the detailed PM about this and why) and see how they respond.

I'd love to get either the CRA's and / or the CA on FDCPA / FCRA violations just for the aggro this has caused me.

 

Thanks everyone, I appreciate the advice, even though it's not a credit card debt...  -RD

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The main problem is that you live in NY, and the contract was entered in FL, so they can sue in FL and I don't see you flying here any time soon, you could try to move the suit to NY, they can object etc etc, easy way off all of that is harrasing them after SOL, that way if they try legal BS you got the uper hand on it.

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The main problem is that you live in NY, and the contract was entered in FL, so they can sue in FL and I don't see you flying here any time soon, you could try to move the suit to NY, they can object etc etc, easy way off all of that is harrasing them after SOL, that way if they try legal BS you got the uper hand on it.

I still have a Florida license and I'd file in Florida *just* to be able to sue them

 

My brother still lives where I used to live, (same county) so I have a place to stay if / when that happened.

 

I'd be sueing the Credit Bureaus and the CA.... and it would be very fun. :)

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