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Sparty23

Convergent DV Question

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Convergent has two tradelines on my wife's EX and EQ reports for Comcast.  One for $329, and one for $212. She's never had a Comcast account, but I have, and I'm thinking this might actually belong on my reports.

 

Anyway, we've never recieved dunning notices, phone calls, or any other communication from Convergent.  I sent the CA a simple DV letter for each account, CMRR, which were signed for 5/1.  I understand the CA isn't required to respond since they haven't sent any dunning notices. I've also read alot of other posts where they never did respond to DVs. 

 

It's only been 15 days, so I havent really expected to get a response yet, but I'm looking for advice on what my next steps would be if I never do get anything back from them?

 

Also, with the original Comcast account.. I remember adding her name to the account so that she was authorized to contact them with account questions, etc.  Would that somehow allow them to report the accounts on her credit reports? I literally added her first and last name only. No SSN, DOB or anything else.

 

Thanks! 

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You added her to the account? 99% chance that extends liability to her. As for DV; wrong statute, that's the FDCPA. Credit reporting is covered under the FCRA, altho there are some minor instances where they overlap. This isn't one of them since no collection agency is after you yet.

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Yeah I remember she called Comcast for a real simple question and they wouldn't talk to her because she wasnt on the account, so I just logged in and added her name. Didnt realize they could touch her reports with only her name. Damn.

 

As far as the DV I sent.. you can still ask for validation without the CA contacting you, no? I'm probably confused.

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You can ask for anything you want, but they don't have to respond. Depending on what federal circuit you are in, there are instances where courts have held that credit reporting is considered collections. The best case is Edeh vs. Midland Funding.

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Posted (edited)
19 hours ago, legaleagle2012 said:

You can ask for anything you want, but they don't have to respond. Depending on what federal circuit you are in, there are instances where courts have held that credit reporting is considered collections. The best case is Edeh vs. Midland Funding.

While the court in Edeh ruled that reporting to the CRAs is a collection attempt, it did NOT rule that it is an initial communication under 1692g of the FDCPA that would allow the consumer to request validation and receive the protections provided by that section of the Act.  

Edited by Bluesie58

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He would have to use the FCRA to obtain validation; if they continued to report w/o providing it, that might trigger the FDCPA. It would be nice if a court clarified whether alternate methods of discovering a delinquent debt other than a dunning letter trigger the statute. 

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Sorry for the delay responding here...

 

I did end up sending Convergent a DV for each of the accounts.  Took a couple weeks, but they responded to both saying they are valid and included 2 comcast bills dated 5 months apart, which doesnt make any sense to me.  I dont see how someone would have two accounts with outstanding balances in that short of a time frame. Also the comcast bills they sent both have larger balances than what is reporting on her reports.

 

I also contacted Comcast, got my call escalated a couple of times and ended up having 2 tickets opened for comcast to research the accounts.  They never got back to me, so I followed up and was told via chat that the tickets are closed and the balances are both owed. No actual explanation for any of the questions I asked them.

 

Could I file a CFPB complaint for this? They're legitimately not her accounts and I've essentially been told "you need to pay these" by both companies. TIA

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I'm wondering about the laws in Michigan regarding validation.. specifically what is listed below. My question is, Convergent never sent an initial dunning notice, we only found the accounts after checking her reports, so are they still required to provide the information listed? 

 

It's the "within 5 days after initial communication..." part that is throwing me off. The only info they provided was the amounts and the name of the OC.

 

 

Sec. 918.

  (1) Within 5 days after the initial communication with a consumer in connection with a collection of a debt, a collection agency shall send the consumer, unless the following information is contained in the initial communication or the consumer has paid the debt, a written notice containing all of the following information:
  (a) The amount of the debt owed.
  (b) The date the communication was sent to the debtor.
  (c) The name of the creditor to whom the debt is owed.
  (d) A statement specifying that unless the consumer, within 30 days after receipt of this notice, disputes the validity of the debt, or a portion of the debt, the debt will be assumed to be valid.
  (e) A statement specifying that, if the consumer notifies the collection agency in writing within 30 days after receipt of this notice, that the debt, or any portion of the debt, is disputed, the collection agency shall obtain verification of the debt or a copy of a judgment against the consumer and that a copy of the verification or judgment shall be mailed to the consumer by the collection agency.

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Where an issue originates with a utility, find the State agency that oversees the utility in question.  Review the controlling regulations and put together a very specific letter outlining the violations of State law and other regulations.  Then hand-carry the request for an expedited hearing on the issue, with a copy being provided to the utility as well (hand-carried works great when they have an Operations office in your city).  NO utility wants a hearing for the simple reason that the hearing is NOT limited to the account at hand...ALL elements of their operations become fair game.

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Are you referring to an arbitration hearing?

 

I'm wondering if they havent properly validated the accounts and if I can file a complaint based on that?

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49 minutes ago, Sparty23 said:

Are you referring to an arbitration hearing?

 

I'm wondering if they havent properly validated the accounts and if I can file a complaint based on that?

If you are replying to my post, then no, it has ZERO to do with arbitration and it has even less to do with credit laws.  It is a billing issue subject to regulation and you are seeking a hearing ON that issue.  It is an administrative hearing.  If you take the time to properly write a letter and know the law/regulations, you will very likely get a call back from the utility in question before you even return home.  

 

In the instance where I went this avenue, I worked a few blocks from the Texas Public Utility Commission.  I walked over there to drop the letter off and then went to the TimeWarner building in Austin.  They didn't want to buzz me up to the floor with the legal personnel, so I just told the front desk that it was their copy of the Complaint that had been hand-carried to the PUC.  

 

Time Warner was calling on the phone before I even got back to the office.  I doubt they were doing so simply because my letterhead included "Law Office of..." at the top...rather, it was they had zero desire to risk a hearing before the PUC... 

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21 hours ago, Sparty23 said:

Are you referring to an arbitration hearing?

 

I'm wondering if they havent properly validated the accounts and if I can file a complaint based on that?

If they never dunned you, the FDCPA was not triggered. Even if they had, they gave you the name of the creditor and the amount, so they satisfied the statute anyway. The state statute requirement appears to be the same. There is nothing on the MI PUC web site about cable TV, that is usually regulated by the FCC, not the state or the  CFPB since Comcast is not a financial institution. Don't waste your time with this, I told you how to get this resolved.

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I ended up filing a complaint with the CFPB before I saw your response, and I got notification from credit karma today that both accounts have been deleted. I checked the backdoor for each bureau and they are gone.

 

My first thought is to pay Comcast to prevent the accounts from being resold. Thoughts?

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That's up to you if you owe them the money. Authorized users do not have any liability under common law as far as I have seen, so how do they justify reporting it on her credit? Obviously they figured that out. They can't sue her, either, but they can sue you.

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