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misbhavn

CA reporting erroneous dates on my credit reports

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I recently checked my credit reports and found a collection agency reporting a way past SOL collection. This was for some cable equipment they claim I never returned, even though I did. This was from Time Warner back in 2007. I told TWC then that I wouldn't pay because I did return their equipment.

 

Anyway fast-forward to now and I find this CA reporting it with a date of first delinquency as 1/2011. As far as I know, I have never received any dunning letters from this CA. I called to let them know their dates were wrong and they said they would review their records. Not being one to trust a CA, I sent them a validation letter and fired off a dispute of the account with all three CRAs notifying them that the dates are being reported wrong.

 

The CA signed for my letter on 1/28, so technically they still have a few days to respond to me, but I received a letter from Equifax stating that they researched the account and updated the dates. All of the dates are the same.

 

The CA is Enhanced Recovery Corp. Have they violated the FDCPA by verifying this with the CRA without first responding to my DV? I want this off of my CR and I am willing to apply whatever pressure necessary. What's my next move?

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SIGH  Enhanced Recovery.  I am in round 2 with this bottom feeder.  They are a credit report poisoner going for the quick pay for delete.  They do not care if they violate, the information is accurate, or if you don't owe it.  The good news is that they are based in Florida and the FL Office of Financial Regulation has been trying to shut them down for a while.  You can file a complaint on line at the FL OFR even if you are not a FL resident because ER is there.  Once you do this FL OFR moves very quickly and ER folds on collection efforts and deletes the trade line.

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I will look into contacting the FL OFR. I don't have any proof that it is being reported wrong, but they are re-aging the debt. This was for service I had at an apartment I lived in and vacated on 3/31/08, but I got rid of cable before that.

 

If I request validation, don't they have to cease collection efforts, including reporting the the CRAs until they respond to my validation? Wouldn't the burden of proof be on them to prove their claim rather than on me to disprove it?

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If I request validation, don't they have to cease collection efforts, including reporting the the CRAs until they respond to my validation?

 

Cease collection efforts:  yes.  Stop reporting:  no.  If they were reporting before they dunned you the trade line can remain but they must mark it disputed.  The courts are divided on whether a trade line is collection activity and until SCOTUS rules on it definitively it is an unsettled issue.

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@misbhavn

 

A validation request is sent in response to a first collection letter.  You're disputing information on your CR, so you should dispute inaccurate information in the entry directly with the credit reporting agencies.   If you know for a fact that the date of first delinquency is incorrect, dispute that date. 

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They have violated both the FDCPA and FCRA by verifying information that they knew or should have known to be false.  I would just take all of this information to a consumer attorney.  I bet you can find one who will sue the CA and possibly the CRAs also.

 

I would say that Enhanced Recovery needs to enhance your bank account by about $2,000.  Not only are they reporting an account on 3 credit reports that is beyond the reporting SOL, but they also reported false information (incorrect date), and then verified that false information to a third party (the CRA).  Talk to an attorney. Watch him go to town on this one.

 

You can try to contact TW Cable and get a statement of your final bill or when you terminated service to show the age of this debt, but I would just talk to an attorney first.  An attorney could always subpeona TW records if needed and Enhanced Recovery can foot the bill for it all.

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I talked to Comcast today (bought TWC before I discontinued service) and after some searching they were able to find my old account. They are going to mail me my last two statements from 2007. Last payment was 4/2007. Service was disconnected on 6/2007 so this debt is almost 8 years old. The statements will prove that they are reaging the debt.

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@misbhavn

 

To have a claim under the FCRA, you must dispute the incorrect information with the credit reporting agencies. 

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I have already disputed with all 3 CRAs letting them know the dates are being reported incorrectly and that it is past SOL. I also sent the CA a letter requesting they investigate as it is past SOL. So far, I have only heard from Equifax and nothing was corrected. The CA has not responded.

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@misbhavn

 

As long as your dispute with the CRAs was specific about the date of first delinquency, you should be ok.

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@misbhavn

 

I forgot to add that the only way to get statutory damages under 1681n (up to $1000 for the violation), you have to prove the furnisher willfully violated.  If you can only prove negligence, then you have to have suffered actual damages.

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@misbhavn

 

As long as your dispute with the CRAs was specific about the date of first delinquency, you should be ok.

Depends on what you mean by specific.  I didn't list the specific date. My reason for disputing the info was "The dates on this entry are being reported inaccurately and the trade line is obsolete."

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@misbhavn

 

I would think that your dispute was specific enough, but that's just my opinion.   Unless the CA agrees to delete, it may require a lawsuit.   Once you get the statements from Comcast and any other documentation that shows the TL is obsolete, you have to decide if you want to try to reason with the JDB or show the evidence to an attorney.

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Google and read the Texas TFC-392. It is a much stronger law and will net you more money in the end. When you write to them make sure that you cite the TFC-392 and that your in Texas. Should they not adhere within 30 day from the day you send them a letter CMRRR you have them. Look in my sig line below, I think I have the TFC in that Texas thread. If not, Google it. When you use it, you will surely get something done or their paying a lot more. Good luck.

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Thanks @TomnTex. I was aware of TFC-392 and the possibility for treble damages. However, I was not aware that you had to cite it in your DV letter. I think I will wait until I get the responses from the other two CRAs to see what, if anything, happens with the trade line. I imagine they will all come back the same since the one from Equifax did.

 

I'm assuming if I send the CRAs copies of those statements, that should be enough to get them to delete the trade lines, no?

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You have done everything right so far and that should be enough, according to consumer laws.  If the JDB verifies the TL with the other 2 CRAs after you have send them a letter telling them they have the wrong date, then that should be enough to get the "willfull" FCRA violation. 

 

I would simply give copies of your letters and the CRA responses to an attorney and sit back and wait for your check to arrive in the mail along with updated credit reports showing the JDB gone.  Why would you want to go around and around with a JDB who insists on violating your rights and intentionally ruining your credit?  I wouldn't.

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I finally received a response from the last CRA. The CA verified false dates with all 3 CRAs after I notified them that it was outside the SOL and the seven year reporting period. I have yet to receive the statement from Comcrap. It has been two weeks. I think I will give it one more week and I will call them again if I still haven't received it.

 

What should I do here? Go after them or send one more letter quoting TFC-392 and set them up for more possible violations?

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