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Deleted Collection Reported Again with new CA


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Experian deleted an invalid collection on my report back in June because they were not able to validate. No shocker...because OC was listed as Time Warner Cable and I've never even had TWC.

 

Today I see it is reporting again on my Experian report as of Nov 8 under a different CA - EOS CCA? I've never even heard of them.

 

What do you suggest - just doing the same as I did last time and mail in a dispute? If Experian removed once for not being able to validate then they should just remove it again right?

 

I am in TX and I searched to see if they are bonded to collect in my state, they are not even on the list so that would be a NO.

Edited by dockfam
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thank you for the chart - I've already done that with the original collection posted - which was deleted because Experian could not verify and I never heard back on my DV to the original CA.

 

I guess the original CA sold it to another CA and that is how it can get put back on. I'l go through the process again but what keeps this from happening over and over again? This could go on forever and it's not even my debt!! I've never done business with TWC!

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thank you for the chart - I've already done that with the original collection posted - which was deleted because Experian could not verify and I never heard back on my DV to the original CA.

 

I guess the original CA sold it to another CA and that is how it can get put back on. I'l go through the process again but what keeps this from happening over and over again? This could go on forever and it's not even my debt!! I've never done business with TWC!

 

Yeah, just do it again. If the last CA didn't have enough information, the new CA wont either since they purchased the debt from the last one.

 

Just curious, have you removed old addresses/personal information from your reports and have you opted-out? https://www.optoutprescreen.com/opt_form.cgi

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Read the FDCPA. The selling or transferring an acct that is known to be disputed and/or could not be validated, without relaying that info to purchaser, is a violation. And if they did relay that info to the purchaser and they reported it with the knowledge that the debt was disputed, is also a violation. Get a lawyer.

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§ 807. False or misleading representations [15 USC 1692e]

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

(2) The false representation of --

(A) the character, amount, or legal status of any debt; or

(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.

(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to --

(A) lose any claim or defense to payment of the debt; or

(B) become subject to any practice prohibited by this title.

(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.

(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.

(9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.

(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.

(12) The false representation or implication that accounts have been turned over to innocent purchasers for value.

(13) The false representation or implication that documents are legal process.

(14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization.

(15) The false representation or implication that documents are not legal process forms or do not require action by the consumer.

(16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 603(f) of this Act.

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If you have a documented dispute. As well as a documented deletion of the account from the CRA's. Then I would send a strongly worded Re-Insertion letter. IMO it would be the 1-punch method... Provided you have proper documentation.

Edited by EricDET
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