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Advice for Dealing with Enhanced Recovery Company (ERC)


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Well, it's been a loooooong time since I've been back on the CB forums - this place and the folks here were invaluable to me forever ago! 

 

I haven't needed/wanted credit much since the CB days of yore got me sorted but we're considering buying a home and so it was back into my reports to make sure things were clean and I noticed I've two collections from Enhanced Recovery Company (ERC) on behalf of ATT as the OC. One is for $1,000ish and one is for $150ish. If context matters, the $1,000ish is for internet service that I am *absolutely* certain I canceled (over the phone - my bad doing it over the phone and I learned from that one) but AT&T continued to bill me for months after I moved out of the residence. I've no idea what the $150ish one is for. The full info being reported is as follows:

 

ERC Collection #1 - $1,000 | Date Opened 11/19 | Estimated removal 4/24

ERC Collection #2 - $150 | Date Opened: 7/20 | Estimated removal: 3/25

 

As I've moved addresses a few times over the years, I don't recall ever receiving a dunning letter from ERC and/but, given I moved a fair bit during that period, I expect they likely sent the dunning to a previous address (I'm clearly well beyond the initial 30 day period).

 

All that said, I've yet to dispute the entries with the CRAs or request validation from the CA because, while I used to know all of this like the back of my hand, it's been a minute and I wanted to check in with the fine folks here first! ;) 

 

A few questions then...

 

1. I don't see date of first delinquency (DOFD) noted anywhere, so is it reasonable to assume from the estimated removal (ER) dates that the DOFDs would be the ER dates less 7 years? If so, both would be outside the SOL now (I'm in CA so it's a 4 year SOL) yes?

 

2. Given I'm well beyond the initial 30 day for a DV, what's considered the best course of action nowadays? Should I dispute with the CRAs first or request validation from the CA first? Or something else?

 

3. I have to say if the "usual" tactics in #2 above aren't useful (I've done a fair bit of re-reading before this post) I'm intrigued by the idea of using the arbitration strategy I see @legaleagle2012 mention from time to time. Given the OC is AT&T it seems the arbitration strategy could be potentially useful if the regular tools are not and/but I've never pursued this and would be interested in pros and cons from folks who have.

 

TIA for any responses my CB friends!

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7 hours ago, stickyfingers said:

Well, it's been a loooooong time since I've been back on the CB forums - this place and the folks here were invaluable to me forever ago! 

 

:wave:

 

 

1. I don't see date of first delinquency (DOFD) noted anywhere, so is it reasonable to assume from the estimated removal (ER) dates that the DOFDs would be the ER dates less 7 years? If so, both would be outside the SOL now (I'm in CA so it's a 4 year SOL) yes?

 

 

Are you looking at paper copies of your reports?

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You need to firmly establish the DOFD. Nothing worse than poking the bear only to find out your SOL expires next month. It sounds like they have expired, but make sure. A CA typo can ruin your day. Also be aware that arbitration forums are not obligated to apply the state's SOL. It is not court. Removal isn't as easy as people think; you have to have a valid reason that fits the FCRA; "You're hurting my score" ain't it.

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On 7/8/2022 at 4:31 PM, hegemony said:

Are you looking at paper copies of your reports?

I only have papers from one CRA and/but wasn't aware DOFD isn't always accurate in the online ones (I'm continuing to read and now get that such is the case).

 

On 7/9/2022 at 3:32 AM, legaleagle2012 said:

Also be aware that arbitration forums are not obligated to apply the state's SOL. It is not court. Removal isn't as easy as people think; you have to have a valid reason that fits the FCRA; "You're hurting my score" ain't it.

 

I might've misread your prior arbitration posts. I had understood them to be a "leverage play" when all else fails - i.e. taking the issue to arbitration is more expensive than simply deleting the items from your CRs. I'm not sure what other options I have to press on these two ERCs except simply disputing every couple months - are there other ideas..?

 

I'll keep looking. Thank you both for the replies.

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Read section 611 of the FCRA. You find your DOF from your records, not theirs. Since you don't even know what it is, you can't claim that as a reason for removal. Even if DOFD was wrong, all they are obligated to do under the statute is correct it. MONEY is the best route to removal, especially if the SOL has passed. They can't successfully sue; and in a lot of states suing on a time barred account is an FDCPA violation. Cash they can't get otherwise is an incentive to delete.

 

Don't file a baseless arbitration claim, that can backfire on you. They can tax you for the cost of the arb fees.

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