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bourne2play

Quick question about disputes

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A collection agency mailed me a collection letter for something I didn't recognize. It said to respond within 30 days or they're gonna assume the debt is valid. I responded immediately disputing the validity of that debt and asking for proof. 

I never heard back from them. That was 40 days ago. Today, the original creditor (centerpoint) reported that account on my Experian credit report. How should I proceed? Should I dispute with Experian and just wait? Or should I dispute with both Experian and the original creditor at the same time? When I dispute with Experian, should I just dispute it's not mine or should I also include proof and I requested validation from the collection agency and that they failed to respond?

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58 minutes ago, bourne2play said:

I never heard back from them. That was 40 days ago.

They are not required to respond.  They are only required to cease collections activity until they do respond.  My guess is that they did not respond because the original creditor recalled the account from them.

58 minutes ago, bourne2play said:

Today, the original creditor (centerpoint) reported that account on my Experian credit report. How should I proceed? Should I dispute with Experian and just wait?

You can dispute the collection with the bureaus if you like.  The FDCPA does not apply to original creditors so disputing with the OC under that won't help you.

There is no requirement they validate anything with you before reporting the account.

1 hour ago, bourne2play said:

When I dispute with Experian, should I just dispute it's not mine or should I also include proof and I requested validation from the collection agency and that they failed to respond?

If you really do not know what this debt is about you can dispute it as not yours and unrecognized with Experian.  The collection agency failing to respond has no bearing on this since they are not the ones trying to collect. 

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When they placed this on your credit report was it listed as disputed by consumer?  If not, they may have just violated the FCRA.

If you believe this is not your debt, I would call a few consumer attorneys who do FCRA cases and run this by them.  You may find one who will take this on with no up front cost to you.

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A simpler approach may be to call the original creditor for details. They will either refresh your memory, correct an error, or recommend you see if your identity was stolen. Some here believe that everyone in the credit industry forges documents and lies to customers. In reality, they will help clear up any confusion.

 

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20 hours ago, Goody_Ouchless said:

Some here believe that everyone in the credit industry forges documents and lies to customers.

I don't believe they are nefarious. I do, however, believe that they are very sloppy with both their records and their practices in their attempts to crank out a large volume of debt collection at their mills.  I believe that their sloppy work ends with regular mistakes - 99% of which end in their favor by either default judgements or scared consumers paying them to go away even though they are dunning or suing the wrong person or for the wrong amount, etc.

My opinion is simply that with the FDCPA being a strict liability statute, they should be held accountable for their sloppy mistakes when they make them.  Even if everyone who comes to this board did so, that would be a tiny fraction, but perhaps it could one day be enough to cause them to actually tighten up their practices and stop making so many mistakes that adversely affect people's lives.

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