Pay OC Instead of CA Process + Letter

[stepbystep]

REbuttal ; The Telephone # provided by ERC is incorrect, we never received any letters from ERC regarding the collection.

 

"we were notified of a direct payment to the client of $XXX.XX; therefore, reducing the account balance to zero and closing the account in our office as paid in full. "

 

Collection accounts that are closed and returned to the Creditor should be deleted by the Collection agency, as they are no longer servicing the account, the Creditor notified them that the account was paid in full and ERC service on the account ended.

 

Since no payment was ever made to ERC, by reporting the account as Paid, ERC is stating that a payment was received by them from Me, when it was not ie; providing False information to a credit reporting agency in violation of the FDCPA , and Willfully furnishing inaccurate & misleading information in violation of the FCRA.

 

a credit entry can be `incomplete or inaccurate' within the meaning of the FCRA `because it is patently incorrect, or because it is misleading in such a way and to such an extent that it can be expected to adversely affect credit decisions.'" Gorman, 584 F.3d at 1163 (quoting Sepulvado v. CSC Credit Servs., Inc., 158 F.3d 890, 895 (5th Cir. 1998)).

I m dealing with this issue for diversified consultants on an old Sprint account. i paid sprint and sent them a similarly worded letter to Diversified. If they do not remove whats the next step.. I dont really want to sue but I do want this off my report. Whats my next step. Any input is greatly appreciated.

[LisaTurtle]

I just had this issue come up for me as well. Southwest Credit Systems reporting a Comcast bill. I paid Comcast directly (and the charge to my account reflects a payment to Comcast, and I have a Comcast confirmation number). Today Southwest updated the entry to paid. I'm frustrated because I'm outside the SOL and it was a sticky collection so I just wanted it gone.

 

 

Sent from my iPhone using Tapatalk

[Brog]

Following because I'm trying to rid myself of two freaking collection accounts with Uverse. ATT hit me for not returning equipment but perfoming spring cleaning (yes it's Spring here in Texas) and going though 10 years of paperwork I found my shipment confirmation and called ATT. Nice lady, acknowledged serial numbers and everything and that they received it in 2014.....she set it up for escalation and correction as it offsets the balance owed. So now I have to attack IC Systems and Diversified. Both showing the collection on debt to ATT UVerse

[ICANHASMUNY?]

ATT Should recall it from the CA/ JDB's

 

tell them you'll file suit for negligence and vicariously liability for damages if they don't

[QPsi777]

Sharing the letter I constructed from others.

 

PRIORITY MAIL with PROOF OF DELIVERY #

To Whom It May Concern:

 

Your Firm is reporting the following accounts as a "Paid Collection."

 

COMCAST / Account # 2171****

 

This account has been paid to Comcast and I have receipts from Comcast proving that the account has been paid in full.

 

· I have disputed your firm’s reporting of these accounts with Equifax with receipts showing payment, and your company has verified this false information.

· I have never received notice from your company regarding this account or attempt to collect.

· You are reporting this collection as “paid.” No payments have been sent, processed or paid by me to your collection agency.

· I have no association with your company, am not privy or part of any contract or agreement you may have with any claimed original creditor, have never communicated with you prior to this letter; and have no contract with, nor agreement to pay you any amount.

Collection accounts that are closed and returned to the original creditors are to be deleted from the Credit reporting agencies, as these accounts are no longer in collection.

 

Furthermore, if the accounts were paid to the Original creditor, the collection agency cannot report these as “Paid Collection” accounts, since no payments were processed or paid to the collection agency.

 

Your verification of this account as a " Paid Collection" is a violation of the FDCPA and FCRA. Specifically:

 

· FDCPA violations: 15 USC 1692e(8) providing false information to credit reporting agencies

· FCRA violations:

o 15 U.S.C. § 1681i duties of furnishers to provide accurate information.

o 15 U.S.C. § 1681s-2 - failure to provide accurate information, failure to correct reporting.

 

If your firm does not delete this collection account, I will turn this matter over to an attorney for review and legal action in Federal Court. with additional counts as follows:

 

· 15 U.S.C. § 1681n Civil liability for willful noncompliance

· 15 U.S.C. § 1681o Civil liability for negligent noncompliance

 

Please note that statutory damages awarded under FCRA violations are cumulative, and compensation for actual damages are separate.

 

Your Firm has 10 days from the date of this letter to delete this account from all credit reporting agencies.

[mikeshaw]

So, I have a similar situation. I closed my cell phone account by porting out my line but forgot to pay the last bill. I received a letter from collection agency but I have already paid my bill couple of days ago through my online account. Should I send a letter something similar to this or should I send I dispute please validate letter?

 

I will appreciate any help you can provide.

[stepbystep]

so I sent off a CFPB complaint.. and this is what i received back... Was curious if anything in this response is helpful and what might next steps be..

 

Thank you for contacting Diversified Consultants, Inc. (DCI). DCI is in receipt of complaint stating he has never paid DCI anything. Claiming DCI is reporting false information. Having researched this matter, please note the following.

On 05/27/2015, Sprint placed the account with DCI for collection with a balance of $410.58. On 07/27/2015, in accordance with the FCRA, DCI submitted the account to the credit reporting agencies.

On 09/29/2016, DCI mailed the consumer an initial balance letter to the last known address on file. DCI attempted phone contact with the consumer with no success.

On 09/19/2016 DCI received notice via mail that the consumer was disputing the account balance. At this time the consumer’s account was updated with the credit reporting agencies to reflect the dispute. On 09/29/2016, DCI mailed validation to the consumer.

On 02/13/2017, the consumer paid the creditor directly and the creditor notified DCI of the payment. Due to the account being placed in collections and Sprint hiring DCI to service and collection on the account, DCI has a contractual agreement with Sprint to report the true and correct status of the account with the credit reporting agencies which DCI has done. The account is reporting correctly with the credit bureaus and will remain.

 

 

this is there response to my complaint.

 

please feel free to share where i made mistakes.. maybe some one else can learn from them.. Am also curious what i can do next.. if i have any more moves to make.

[shabario]

I was in this type of situation with Time Warner cable, they had EOS collecting for them but I refused to speak with EOS I called time warner multiple times and of course they record the conversations and every time I called I asked if I pay you guys directly would this account be pulled from EOS thus being tooken of of my report and maybe unknowingly a lot of CS reps told me yes so when I paid nothing happened EOS reported the account as $0 so I filed a BBB,CFPB, and AG complaint against Time Warner they went through the recordings and heard where I was told multiple times this account would be released from EOS if I paid so in end result they honored what I was told and no trace of this of this account is on my report this is how I did it and this happened in Nov 16 hope this helps good luck!🍀

[mfarmer]

Stepbystep, think about asking admins to delete your real name from that post. You don't need that info floating around the webz.

 

If it were me I'd either get an attorney involved or send DCI an intent to sue (sending the same to the CFPB) noting in violation of federal law they never served you with notice of this collection or validation; and, if they have proof of such service they should provide it; that you are not part of their "contractual agreement with Sprint," repeating that their claiming this was a paid collection is erroneous as you have neither paid them nor their attempted collection, noting that "DCI themselves admit that payment was not made on this claimed collection, but was made only on the original account," that "creditor notified DCI that payment had been made on the original account and not the collection," and that the "true and correct status of the account" that both federal law and their contractual agreement mandate it to report to the credit reporting agencies that the original account was paid, in full, to the original creditor. "In any case I have never been notified of this claimed collection nor was aware of it." (assuming all of that is true).

 

***the wording is important, even more so should you actually have to sue***

 

Your additional wording you added to your first letter of "Collection accounts that are closed and returned to the original creditors are to be deleted from the Credit reporting agencies, as these accounts are no longer in collection. Furthermore, if the accounts were paid to the Original creditor, the collection agency cannot report these as 'Paid Collection' accounts, since no payments were processed or paid to the collection agency." REALLY just pushes it in their face and, of course, their natural tendency is an effective "Oh, yes we can!".. which is exactly what you got. Don't presume to tell collection agencies what they "have" to do. Just stand up forcefully for YOUR rights, call them on their inaccuracies and be clear what you need to set things straight.

[QPsi777]

STATUS UPDATE: Thanks folks. Happy to report that this process worked for two accounts: (i) Time Warner Cable and (ii) COMCAST. Much appreciated!

[Hippychic823]

Does anyone know if this would work with TekCollect? Or are They they a JDB? They are listed on all 3 of my credit reports assigned to collect on an old utility bill of mine from 2015. The OC is a small, local privately owned company. I'd love to get this collection removed

[cv91915]

Does anyone know if this would work with TekCollect? Or are They they a JDB? They are listed on all 3 of my credit reports assigned to collect on an old utility bill of mine from 2015. The OC is a small, local privately owned company. I'd love to get this collection removed

You have nothing to lose by trying.

[mfarmer]

 

Does anyone know if this would work with TekCollect? Or are They they a JDB? They are listed on all 3 of my credit reports assigned to collect on an old utility bill of mine from 2015. The OC is a small, local privately owned company. I'd love to get this collection removed

You have nothing to lose by trying.

 

 

Yikes! Why do you say that, CV!? If this IS a JDB and he pays OC and OC just forwards that payment to JDB, Hippy will have paid the collection, leaving the collection cemented to their report.

 

​Hippy, you'll need to find out who owns the debt by comparing the tradeline listing (does is list the debt being sold?), by researching the collector online (CAs need to be licensed, online may list if it's JDB, other CB members may know) or asking the collector or OC themselves who owns the debt...

 

​If it's JDB paying will only cement the collection. ONLY use this if OC still owns the debt

[bbatman]

It worked for Capital One via the E.O. route..

 

They recalled the debt from their CA..

 

ANY OTHER WAY, and I would have been told how they are "contractually obligated" with their CA and there would be nothing that they could do.. from their "Collections department."

 

 

Sent from my SAMSUNG-SM-G850A using Tapatalk

 

It worked for Capital One via the E.O. route..

 

They recalled the debt from their CA..

 

ANY OTHER WAY, and I would have been told how they are "contractually obligated" with their CA and there would be nothing that they could do.. from their "Collections department."

 

 

Sent from my SAMSUNG-SM-G850A using Tapatalk

I have an account with them right now still on their books-charged off, but not sold.

Last year, I had a letter to the EO, a few weeks later they had Fenton Mcgarvey try to come after me within the 30 day window of the dunning letter which I disputed within the timeframe required. I have a law firm dealing with them now to collect $ on their violations.

 

I called Cap One last week and today to try to pay the thing--I just want it to go away and I have the cash. A rep said a different firm has it now. Feel free to PM me-any more thoughts on this? No communications from this second firm.

 

No other firms or agencies apart from C One is listing on my report right now.

[ICANHASMUNY?]

that isn't a person you should be quoting, he's been banned from the boards (psycho )

[Hippychic823]

Does anyone know if TekCollect would be considered a JDB or a CA?

[ICANHASMUNY?]

they are a CA according to their website

[Hippychic823]

Thank you

[IcelandGirl]

Hey there Hippychic823, I got back on the Boards after a long hiatus because I have a couple of issues -- including one with TekCollect too. My situation is a little bit convoluted with TekCollect as they seem to have been trying to reach me for pre-collections on a tuition payment around Christmas, that was supposed to be billed to my employer, for a class I took and dropped. But their messages were so wacky and unprofessional I ignored them. They literally sounded like those scam calls for IRS payments. When I finally received something in the mail and called the school, I had been sent to collection. That's what I get for having a temper. But in researching Tek Collect I saw that they seem responsive to customers who reach out to them with specific cases directly through the Ohio BBB web page for TekCollect. Things at least appear to get resolved and removed quickly. I think I saw about 70 customer reviews/complaints on the page that TekCollect responded to... and about 6 reviews by vendors using them that were mixed.

 

Here is the link. Hope it can help you. https://www.bbb.org/centralohio/business-reviews/collection-agencies/tek-collect-incorporated-in-columbus-oh-65002310/reviews-and-complaints. If it works, would you report back? Not much that I found on TekCollect. Take care, IcelandGirl

[gopes13]

I had a collection from Credit Management LP where TIme Warner was the OC. I called up Time Warner and paid the bill last week, asking that they recall the collection. Within two days, the collection from Credit Management was off and they also sent me a letter saying that it would be deleted.

[lukegotswag]

 

REbuttal ; The Telephone # provided by ERC is incorrect, we never received any letters from ERC regarding the collection.

 

"we were notified of a direct payment to the client of $XXX.XX; therefore, reducing the account balance to zero and closing the account in our office as paid in full. "

 

Collection accounts that are closed and returned to the Creditor should be deleted by the Collection agency, as they are no longer servicing the account, the Creditor notified them that the account was paid in full and ERC service on the account ended.

 

Since no payment was ever made to ERC, by reporting the account as Paid, ERC is stating that a payment was received by them from Me, when it was not ie; providing False information to a credit reporting agency in violation of the FDCPA , and Willfully furnishing inaccurate & misleading information in violation of the FCRA.

 

a credit entry can be `incomplete or inaccurate' within the meaning of the FCRA `because it is patently incorrect, or because it is misleading in such a way and to such an extent that it can be expected to adversely affect credit decisions.'" Gorman, 584 F.3d at 1163 (quoting Sepulvado v. CSC Credit Servs., Inc., 158 F.3d 890, 895 (5th Cir. 1998)).

I m dealing with this issue for diversified consultants on an old Sprint account. i paid sprint and sent them a similarly worded letter to Diversified. If they do not remove whats the next step.. I dont really want to sue but I do want this off my report. Whats my next step. Any input is greatly appreciated.

 

How did this turn out for you? I just paid the account listed with Diversified to the original creditor in the store today at AT&T for a closed Uverse account. The balance is exactly the same as that listed with the collection agency as well. I plan on disputing immediately tomorrow if not tonight.

[stepbystep]

 

 

REbuttal ; The Telephone # provided by ERC is incorrect, we never received any letters from ERC regarding the collection.

 

"we were notified of a direct payment to the client of $XXX.XX; therefore, reducing the account balance to zero and closing the account in our office as paid in full. "

 

Collection accounts that are closed and returned to the Creditor should be deleted by the Collection agency, as they are no longer servicing the account, the Creditor notified them that the account was paid in full and ERC service on the account ended.

 

Since no payment was ever made to ERC, by reporting the account as Paid, ERC is stating that a payment was received by them from Me, when it was not ie; providing False information to a credit reporting agency in violation of the FDCPA , and Willfully furnishing inaccurate & misleading information in violation of the FCRA.

 

a credit entry can be `incomplete or inaccurate' within the meaning of the FCRA `because it is patently incorrect, or because it is misleading in such a way and to such an extent that it can be expected to adversely affect credit decisions.'" Gorman, 584 F.3d at 1163 (quoting Sepulvado v. CSC Credit Servs., Inc., 158 F.3d 890, 895 (5th Cir. 1998)).

I m dealing with this issue for diversified consultants on an old Sprint account. i paid sprint and sent them a similarly worded letter to Diversified. If they do not remove whats the next step.. I dont really want to sue but I do want this off my report. Whats my next step. Any input is greatly appreciated.

 

How did this turn out for you? I just paid the account listed with Diversified to the original creditor in the store today at AT&T for a closed Uverse account. The balance is exactly the same as that listed with the collection agency as well. I plan on disputing immediately tomorrow if not tonight.

 

it didn't turn out well.. I still have them listed.. if you have different result id love to know what you did. I got scores up enough to fulfill a goal i have but still want them off.. i have just shifted focus for time being. hopefully things turn out differently for you

 

let us know how it goes

[lukegotswag]

 

 

 

REbuttal ; The Telephone # provided by ERC is incorrect, we never received any letters from ERC regarding the collection.

 

"we were notified of a direct payment to the client of $XXX.XX; therefore, reducing the account balance to zero and closing the account in our office as paid in full. "

 

Collection accounts that are closed and returned to the Creditor should be deleted by the Collection agency, as they are no longer servicing the account, the Creditor notified them that the account was paid in full and ERC service on the account ended.

 

Since no payment was ever made to ERC, by reporting the account as Paid, ERC is stating that a payment was received by them from Me, when it was not ie; providing False information to a credit reporting agency in violation of the FDCPA , and Willfully furnishing inaccurate & misleading information in violation of the FCRA.

 

a credit entry can be `incomplete or inaccurate' within the meaning of the FCRA `because it is patently incorrect, or because it is misleading in such a way and to such an extent that it can be expected to adversely affect credit decisions.'" Gorman, 584 F.3d at 1163 (quoting Sepulvado v. CSC Credit Servs., Inc., 158 F.3d 890, 895 (5th Cir. 1998)).

I m dealing with this issue for diversified consultants on an old Sprint account. i paid sprint and sent them a similarly worded letter to Diversified. If they do not remove whats the next step.. I dont really want to sue but I do want this off my report. Whats my next step. Any input is greatly appreciated.

 

How did this turn out for you? I just paid the account listed with Diversified to the original creditor in the store today at AT&T for a closed Uverse account. The balance is exactly the same as that listed with the collection agency as well. I plan on disputing immediately tomorrow if not tonight.

 

it didn't turn out well.. I still have them listed.. if you have different result id love to know what you did. I got scores up enough to fulfill a goal i have but still want them off.. i have just shifted focus for time being. hopefully things turn out differently for you

 

let us know how it goes

 

 

So far I did an online dispute with Equifax the next day and when it asked if wanted to upload any documents, I uploaded a copy of the receipt and it was gone in like 2 days. We just recently did a dispute online with Transunion so we can't get into there to start a new dispute so I will be taking a snail mail dispute to the post office today. I'll post a copy of the letter we used afterwards as well. I have to find it. It was either at the start of this thread or another. But so far so good with Equifax.

[creditanon]

Hi,

 

I had an apartment community send my debt to a collection agency (not a junk buyer).

 

I paid off the apartment community directly, then sent a letter to the collection agency (same letter as in the 1st post of this thread).

 

 

I just checked Credit Karma and it's still showing as being reported....but not as a negative. The balance is also showing up as $0. So the CA must have reported that to the credit agencies....but they didn't remove it completely from my credit report.

 

 

Should I open an online dispute with the credit reporting agencies in order to get them to delete it altogether?

[creditanon]

I just called Experian to dispute and the person on the phone told me that because the apartment community sent it to a collection agency, the collection agency can legally report it on my credit report - even though I paid off the apartment community after they sent it to the collection agency.

 

Is this true?