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Need help with Experian Credit Report Alert


RD23
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I received a Experian letter today due to a Security Freeze on my credit file for idenitfy theft.

The letter stated they were notifying me because of changes reported to Experian by a creditor.

I went on line and printed out my Experian credit report and found SCA COLLECTIONS INC, PO BOX876, GREENVILLE, NC 27835, had placed a negative report on my file.

The account name: SCA COLLECTIONS INC

Account #: 305xxxx

Balance: $200.00

Past Due: $200.00

Date Opened: 8/1/2014

Terms: 1 Month

History:  Oct. (KD) 2014

 

I have been retired for the past 6 years and have not opened any new accounts. All of my accounts are current.

I do not know of where this came from.

How do I deal with this?

 

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I received a Experian letter today due to a Security Freeze on my credit file for idenitfy theft.

The letter stated they were notifying me because of changes reported to Experian by a creditor.

I went on line and printed out my Experian credit report and found SCA COLLECTIONS INC, PO BOX876, GREENVILLE, NC 27835, had placed a negative report on my file.

The account name: SCA COLLECTIONS INC

Account #: 305xxxx

Balance: $200.00

Past Due: $200.00

Date Opened: 8/1/2014

Terms: 1 Month

History:  Oct. (KD) 2014

 

I have been retired for the past 6 years and have not opened any new accounts. All of my accounts are current.

I do not know of where this came from.

How do I deal with this?

 

You start by sending a dispute letter to the creditor asking them who the original creditor is and what the debt is about.  Until you know that it is difficult to know how to attack it.

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Either it was a mistake and it was placed on your CR, or more than likely. You have been hit with ID theft again. DV this outfit and see what's going on. Did it happen in your local area or somewhere else? 

Thank You,

I'll get a DV off today.

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You start by sending a dispute letter to the creditor asking them who the original creditor is and what the debt is about.  Until you know that it is difficult to know how to attack it.

Thank You,

I will send letter today.

I will post the results later.

Hopefully this will clear this off of my credit report.

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This is an update to TomnTex and Clydesmom,

I call SCA COLLECTIONS and talked with a woman on the phone about this credit report. I asked her who was the original creditor, and she informed me it was Piedmont Pathology a local hospital. I informed her I this was not my bill and I have not been to a hospital for years. I asked her for the social security number on the bill and she said there was none. I then asked her for the birthday of the patient, and she quickly asked for my birthday. I told her I would not give out that information, and then she said, she could not give out her information. I informed her that it was against the law to report false claims to a credit agency, and she said that was not her concern that it was the credit agency's responsibility to get the credit report correct. I sent a letter to Experian stated this was not my bill, I have not received a response from Experian as of this date. My next step is to sent a DV letter to SCA COLLECTIONS this week.

Any ideas what to do next?

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Any ideas what to do next?

 

Yes.  First thing tomorrow call Piedmont Pathology and verify the patient, date of service, address, DOB etc.  Get them to send you a copy of the bill for services. 

 

http://piedpath.com/      

 

Billing Department:

(828) 322-3572

Toll Free: (866) 520-9915

Fax Number: (828) 322-6697

Email Address:

billing@piedpath.com

 

If it is clear they have dunned and reported on the wrong patient this is where I get very stern and tough.  If you get proof that this is not your bill then I would quickly inform them they have 24 hours to delete for reporting the debt on the wrong consumer or a lawsuit for FCRA and FDCPA violations will follow.  

 

First get the bill.

 

she said that was not her concern that it was the credit agency's responsibility to get the credit report correct

 

For future reference my answer to that would have been as the reporting entity it is THEIR responsibility to report accurately and on the correct consumer.  The bureaus only report what SCA tells them.  The furnisher (SCA) is responsible for accuracy.

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I agree with sending a DV, but the agency does not have to respond because an entry on a CR is not an initial communication under the FDCPA.  But they might respond.   You might also need to inform them that you are not the debtor and that their reporting is in error.  The reason is because the FDCPA allows for bona fide error.  They could have gotten the wrong information from the creditor.

 

Also, before there can be an FCRA violation, you must first dispute the entry with the credit reporting agency.  If the CA verifies it, you have a violation of both the FCRA and FDCPA.

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 You might also need to inform them that you are not the debtor and that their reporting is in error.  The reason is because the FDCPA allows for bona fide error.  They could have gotten the wrong information from the creditor.

 

This is where I have a problem with this bona fide error crap.  BFE is fine when they are sending a letter to the consumer but there should be a whole lot more fact checking required before they just go and report it.  The damage that happens to a credit score can be huge when a sudden negative account is reported.  I have seen drops of 40-80 points but even if the account is removed the score doesn't REBOUND that much the consumer still takes a hit.  The entire system is set up to benefit the creditors with little to no recourse for the consumer when they screw it up when they claim bona-fide error.

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@Clydesmom

 

I agree.  I have problems with the BFE, as well.   To be honest, it's a big mess.

 

BFE is fine when they are sending a letter to the consumer but there should be a whole lot more fact checking required before they just go and report it.

 

 

The law doesn't make that requirement.   There's no requirement in the FCRA that a furnisher verify the accuracy of the what they're reporting before they report it.  That's why the Act allows for the dispute process.   If the consumer doesn't dispute, the furnisher doesn't have to verify anything.

 

Whether or not a score rebounds is not the fault of a debt collector who makes an honest mistake.  That's on the CRAs.  Whether or not the CRA is at fault depends on the law, the scoring model (whatever you call it), and what the law allows CRAs to do. 

 

The FDCPA is a little different in that certain violations are violations no matter what.  But even the FDCPA allows for BFE if the debt collector can show that a violation was not intentional.

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Thanks Clydesmom and BV80,

I have emailed Piedmont for a statement and I will follow up tomorrow with a phone call.

Hopefully the next couple of weeks will clear this up.

This is called "DEMOCRACY IN AMERICA TODAY" I sure do miss the good old Republic!

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SCA COLLECTIONS UPDATE

The week of the 4th -7th Nov. 2014.

Placed a call to Piedmont Pathology at 882-267-3531 and talked to a person named Tracy. I explained that a collection agency has put a negative report on my credit file. I also explained that this agency was SCA COLLECTIONS, and Piedmont Pathology had given SCA the credit information.

I also explained that this was not my account.

Tracy asked for my PHONE number, which I gave her, and said she would check into it and call me back. Tracy also told me that there were Two Piedmont Pathology’s, one in North Carolina and one in South Carolina.

The following day I received a call from Tracy at Piedmont Pathology. Tracy gave me a phone number 1-800-334-7713 ext. 207 of Piedmont Pathology. I called and a person named Taylor answered. Taylor had talked with Tracy about my problem. Taylor said she had no name as mine in Georgia on their book accounts. Taylor suggested I call South Carolina Piedmont Pathology, and she gave me their number.

I called the number Taylor gave me 1-800-849-8085 in South Carolina and a person named Sherquita answered. I explained the problem all over again.

Sherquita did say they had account # 6855xxx with my first and last name and home address, but with a WRONG PHONE NUMBER AND WRONG BIRTHDAY!!!!

I explained that I was 20 years older than this person and the phone number was wrong. I asked her to send me a bill and she said, “I cannot if this is not your account”.

Sherquita gave me a confirmation number about our conversation and also the physical address of Piedmont Pathology in South Carolina.

Sherquita said to call back in 7 to 10 days.

This week I have mailed out dispute letters to the three credit reporting agency’s, Experian, TransUnion and Equifax.

I have also mailed CMRR SCA COLLECTIONS A DEMAND LETTER WHICH FOLLOWS:

MY NAME

ADDRESS

STATE

SCA COLLECTIONS

300 E. ARLINGTON BLVD

STE 6a

GREENVILLE, NC 27858

RE: SCA COLLECTIONS INC.

ACCT: 305XXXX

BALANCE: $200.00

PAST DUE: $200.00

DATE OPENED: 8/1/2014

NOVEMBER 03, 2014

Dear Sirs,

This letter is in response to an Experian Credit Report letter dated October 22, 2014.

Experian stated that a change to my name, address, and or Social Security was made to my file. I immediately purchased a new credit report from Experian, and found SCA COLLECTIONS HAD FILED A FALSE CLAIM ON MY REPORT.

I called SCA COLLECTIONS the following work day and was told that a Piedmont Pathology was the creditor. I informed the woman at SCA that this was not my account, and she told me there was nothing she could do, that it was up to Experian to correct the report.

SCA COLLECTIONS has until DECEMBER 1, 2014 to erase their trade lines from all of the Credit Reporting agencies in the USA.

I will review my credit reports by the end of DECEMBER, 2014.

At that time if SCA COLLECTIONS has not erased their report from (MY NAME) file. I will instruct my attorney to proceed on his best course of action.

In reviewing my EXPERIAN CREDIT REPORT of OCTOBER 27, 2014 you have violated the FAIR DEBT COLLECTION PRACTICES ACT § 807 [15 USC 1692e] by reporting false and misleading information. This has harmed me and my family.

I will hold you SCA COLLECTIONS personally responsible for any and all harm, lawsuits, and continued harassment. Proceed at your own peril.

As per the FDCPA, I have the right to request proper validation of the alleged debt.

I elect private contractual arbitration via JAMS to resolve any disputes between us.

All phone calls and letters are inconvenient, so all communications according to FAIR DEBT COLLECTION PRACTICES ACT, § 805 15 U.S.C. 1692c, and § 809 15 U.S.C. 1692g are now enacted.

I pray with God’s help, you can remedy this matter.

Regards,

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I elect private contractual arbitration via JAMS to resolve any disputes between us.

 

I SO wish you would have posted that letter before you mailed it.  First problem is that statement.  If you are not the patient you have no contract and therefore cannot invoke any clause within one.  Second:  virtually NO medical provider has JAMS and arbitration as an option in their financial guarantee statement the patient signs.  They can and will ignore this.

 

All phone calls and letters are inconvenient, so all communications according to FAIR DEBT COLLECTION PRACTICES ACT, § 805 15 U.S.C. 1692c, and § 809 15 U.S.C. 1692g are now enacted.

 

This is the second major flaw.  You do NOT send a cease and desist (which is what this statement is) in the same letter as a DV.  This statement now makes it illegal to contact you.  The FDCPA does not recognize a partial cease and desist (i.e. all calls are inconvenient) and they may treat it as a full cease and desist.

 

Since you told them not to contact you how do you expect them to respond to your demands?

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Thanks Clydesmom,

You have told me just what to do.

Federal lawsuit in Northern District Court of Georgia.

 

Before you go making another colossal mistake by filing a Federal Case you might want to speak to a NACA attorney.  Go to www.naca.net and find one in your area.  There are lots of them.

 

The reason is this may actually be a mistake on the part of the pathology practice and they asked for a week to correct it.  If you file now then SCA can claim bona fide error because they merely acted on the account that PP gave them.  

 

If the pathology practice verifies they got the account mixed up with your information and SCA does not cease collection activity and delete the trade line THEN you have a case.

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