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Enhanced Recovery Company - Question

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This is another Sprint/Enhanced recovery Company problem I've had trouble correcting on my own. Hopefully someone could lend some advice if any is available.

 

I first began monitoring my CR in the first quarter of 2012. In it I found a listing from an apparent Sprint bill from 2011 which was being reported as a collection by 'Receivables performance' as of at least April 2012. I requested validation from the CRAs and it was removed.

 

Next I received a collection notice from 'afni collections' dated Aug. 30, 2012. I requested validation, and they subsequently left me alone.

 

I received what was titled a "Settlement Opportunity" from Enhanced Recovery Company dated Sep. 26, 2013. I responded once again for validation and a request that they provide me with verification that they were authorized to collect. I never received a response.

 

Fast forward to November 2014. I got an alert that I had a collection being reported in my CR listing Sprint as the OC and Enhanced recovery Company as the CA. So, I called them to see what was going on. They claimed that they had sent validation to me, which obviously can't be proven, but I file every piece of relevant mail I get.

 

So, over the phone they say they'll "resend" the information. What was mailed to me was some generic billing statement which was presumably pulled from e-Oscar and no one even looked at before mailing to me because it was full of advertisements.

 

Once I received this packet I responded on Dec. 12, 2014 by requesting the method-of-verification used to validate the debt citing FCRA 611 (a)(7). I also requested that ERC send me proof of an assignment of debt from Sprint to collect. I received no response.

 

On Feb. 13, 2015 I sent another letter (certified mail, RRR) giving them a timeline of events as I have done here, and I offered them another two weeks to provide me with the method-of-verification and proof of assignment of debt. Again, they didn't respond.

 

I finally called them on May 28, 2015. As you can imagine, the guy I get is extremely rude as I ask him questions that are apparently off-script. He transfers me to a "manager" named Wendy Sellers. Again, it's a process of going in circles over and over. I ask why I never received my method-of-verification. She claims to have never heard of that term before. So, I cite her FCRA 611 (a)(7). Then she tells me that ERC just got the verification electronically from Sprint (I assume e-Oscar). So, I again ask her for the method-of-verification outlining how they verified, and we go back in circles. She tells me she can't give me anything.

 

She then tells me that ERC never purchased this debt from Sprint. Supposedly Sprint assigned it to them. So, I ask for verification of assignment from Sprint. She also tells me that because I "disputed" (I assume from a validation request) the debt, they sent it back to Sprint. Back in circles we go. Eventually I hang up with having made no progress.

 

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So, my question for the more experienced out there: What can I do?

 

This manager at ERC tells me that they sent the debt back to Sprint. If this is true, can ERC continue to report it? I can't find any resources explaining if they can.

 

The bill is for $126. It's hardly worth the damage the collection tagline is causing to my CR, and I'm more than willing to pay in full to have it removed (which I asked to do on my first call with ERC). But if they no longer have the debt, as this manager told me, can I just payoff Sprint and ERC has to remove it? Does ERC have to remove it anyway if they're no longer in charge of collecting?

 

What would you suggest, wise ones?

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ERC is a credit report poisoner.  I have dealt with them TWICE on stuff like this.

 

This is what I would do:  first call Sprint and find out what this bill is for.  Then negotiate to pay them directly and delete ANY entries related to the debt.  At the same time go to the Florida Office of Financial Regulation.  ERC is a FL company and the FL OFR has been trying to shut them down for years.  There is an online complaint form and USE IT.  I would complain that they never responded to your DV (never mind what they say) and that they violated the FDCPA by over shadowing and reporting the debt without responding to the DV.  

 

That should send ERC scrambling to delete and disappear forever in dealing with you.

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Thanks for the response, Clydesmom.

 

I was planning on calling Sprint tomorrow to see if they can shed any light on the situation for me. I have no doubt Sprint would be willing to take my money, and I don't plan on sending anything without negotiated terms in writing, but if I pay Sprint, they can't really force ERC to remove the tagline, can they? My understanding is that they can only request that they remove it.

 

The ERC manager told me they were only assigned the debt, and that they never bought it. Maybe that plays some factor. Although I obviously take anything they tell me with a grain of salt.

 

If what ERC told me was true, though, how is it possible for them to continue to report this bill if they sent it back to Sprint?

 

Thanks again. Any insight with dealing with these guys is helpful.

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Listen to Clydesmom. I'm in the middle of dealing with ERC listing a Sprint bill on my husband's report...when we're still with Sprint under his name. I followed up his DV letter CMRRR with a DV fax from an account under my name. Next thing I know, ERC is pulling MY credit report. Nasty little roaches. I filed my complaint last week. Now the TL is gone from my husband's report at least for now.

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Ok. So, I called Sprint today to see if they could provide me with any information. I asked them if they could tell me who is actually in charge of this payment, and they told me they've got a dedicated team associated with handling it. When I asked if that "dedicated team" happened to be ERC they told me, "yes".

 

So, apparently the ERC manager, Wendy Sellers, simply lied to me when she said ERC sent the case back to Sprint.

 

The next thing I did was take Clydesmom's advice and filed a complaint with the Florida Office of Financial Regulations. I outlined my entire process from first contact in September 2013 until today. Fortunately for me, I've saved everything I've sent or received from ERC, so I was also able to scan and send the OFR a copy of all correspondence.

 

Hopefully they can do a little better than I've accomplished. I'll post an update when/if the OFR gets back to me if anyone's interested.

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