Verified with Experian - I need HELP!

[JMommaSlim]

I started the dispute process with Experian 28 Feb 2011, as I'm trying to get a $539 debt (which was opened 08/2006 ... I have NO idea what it is from) off of my credit report. I got a letter back stating that it has been verified ... Not only that but they changed the date reported to 3/2011. I know the date opened and reported are 2 different entities, but they don't report it until 5 YEARS LATER when I just so happened to dispute it? Ummmm! If it wasn't reported until 3/2011 .... How in the world did I dispute it 2/2011? Can they do that? I already started my "This is not my account and I request that you explain how you verified" letter, but I'm not to spun up on what else should be included in my letter as far as them changing my dates. Can someone please assist me?

[Hal Jordan]

This is pretty common and has happened with nearly everything I've disputed that's come back verified.

First, what kind of debt is this? Medical, credit card? utility? 2nd, is this a collection agency that is reporting this? If so have you sent them a debt Validation request letter yet?

Now, the date reported, as you already said is not the date opened or the date of the first delinquency.

Basically what the 03/2011 reported means is that they have reported you to the credit bureaus AGAIN this month. Some will report every single month. I had one that reported every month for over two years. There was literally a "KD" on every month since 2009. Some of them will only report it one time or when you dispute their debt with the CA's. So you might see it reported as of 01/2008 and then you dispute it and bang they report it again that month so the date last reported goes from 01/2008 to 03/2011. But just being on your report hurts your score so them refreshing the date last reported probably isn't going to lower your score much more than it already is. (I can't say for certain because I know that a brand new collection on your report hurts your score than one that is say 5 years old). But to what extent??? I don't know and I don't think anyone here will know either as all of the credit bureaus use their own formula for calculating your score that they keep to themselves.. and all of the variables that go into it are extremely complicated.. and have variables from many many things such as debt to credit, amount of 30 day late pays, amount of open credit, amount of collections, amount of charge off's etc. So why one person getting a collection posted to their report my lower their score 50-70 points someone else with multiple collections already or other negative items may only notice a 15-20 point drop.. Way to many variables to even get a decent guess..


Anyway, back to the point. Here's what you should do next IMO. Write them a debt validation request letter (there are tons on this site and google to choose from). Send it certified mail return receipt requested. Then start reading here. Read all the stuff about one two punch. Beginners stuff. Just basiclly try and learn what you can about how this stuff works.

Wait and see what kind of response you get from them See if they can actually validate the debt. The main thing to remember to request is the alleged contract bearing your signature. If they can't provide that.. You can probably get it removed.

I've gotten a couple of really nastey collections removed. One of them was for a $500+ collection for an utility bill. And yes, the CRA's all verified it and the CA re-reported it with a date of 02/2011. And now it's been deleted from all 3 bureaus because I was just persistant and followed the debt validation process outlined here.

But step one right now is a DV letter. Then you can think about a PFD or a potential lawsuit etc depending on how they respond.. We don't want to get too far ahead of ourselves at this point. Especially since we don't even know if they can validate the debt as yours or not yet.

One last thing. This stuff takes time.. usually months so be patient and really take the time to educate yourself as to how stuff works. And remember these people are scum sucking low life greedy dirt bags who want your money more than anything and they want to maximize their profits as much as possible and they are going to do everything they can to get it. They aren't just going to give up without a fight because you dispute them with a CRA. Many of them resort to VERY illegal activities to try and get paid. That's where the knowing your rights comes into play and knowing what their limitations really are.. If these guys were good people Congress wouldn't have had to inact Fair debt recovery laws to keep them in check.

Good luck!!!

[JMommaSlim]

Thank you! It's a cable bill from Comcast. I typed up a Verification letter, but I didn't put for them to provide a signed contract. So, needless to say, I will be re-writing the letter. I was just a little pissed that they changed the dates on me. lol! Oh well! I'm pretty determined to get it off of my credit since I would like to eventually buy a house and I can play a pretty good "pest", so the skys the limit.

It doesn't make things better that I JUST paid $1,200 for a gas bill that my mother opened up in my name when I was 14y/o (I'll be 30 in Nov), but they said I had 2 options ... press charges ... or have her pay it. I COULD NEVER press charges and I know she didn't have the money to pay it, so I paid it. Well, a few days later it was removed. So, no issues there .... Now, I just wish I found this site BEFORE I paid HER bill. SMH! Oh well, lesson learned.

[Hal Jordan]

A cable bill? Did you do it over the phone? There probably won't be any signed contract. I don't know what state you live in but usually the statute of limitations is 5 years for most states for a written contract and 3 years for an oral one.

Make sure you ask for a complete accounting. How was the balance arrived at? Ask for a payment history. Ask for an explanation of all charges including collection charges, interest etc. It is your right to make them prove to you how they arrived at the dollar amount they say you owe.

Being that this is a cable bill. I expect you'll have good luck getting it removed as I doubt very strongly they will be able to validate anything since there is nothing more than a phone conversation where you allegedly gave them your SSN, DOB and billing info.

Another good move before you validate this may be to write all three credit bureaus asking to have that old address removed because you didn't live there very long (like college) and are now afraid of identity theft. Getting that address removed will make it that much harder for them to associate that address with you and will make it easier later on to make a case with the CRA's for getting it deleted. Except for Experian..they're bastards.. once they "verify" something usually all you ever get back from them is "already verified remains".. Unless you can come up with some new kind of evidence showing it wasn't yours. The other two are easier to deal with.

I wish you luck with this!! Keep your chin up.

[JMommaSlim]

Ha! I forgot I also did an online dispute. JUST got the results from Experian .......... It was deleted!!!!!!!!!!!!! Yay! Score one for me. Now one more to go, but its a bank credit card ($750) thanks to my brother. I know my 7 years is up next year January. Just don't think I'm going to be able to wait that long and getting the money from my brother to pay it is a JOKE. Thanks everyone for the help!!

[Lian]

Congrats on the deletion!

In the future, here is my recommendation for disputing an "account not mine."

The biggest problem in such disputes is proving a negative. There is an FCRA process that accepts an "account not mine" assertion backed with legal "documentation" in the form of an "identity theft report." That rises to more than just an allegation.

First, I would never file a dispute of this nature through the CRA. Don't allow them to get involved, and emasculate your dispute through their sanitization using their e-Oscar process. File a direct dispute with the creditor under FCRA 623(a)(8). It is essential, in such disputes, that your supporting documentation get to the creditor, and e-Oscar normally prevents this.
And what can you use to support a "negative?" The answer is a sworn police report. The FCRA, under section 603(q), accepts a police report as what they then refer to as an "identity theft report," as sufficient to block information from your CR, as outlined in FCRA 605B. The same "identity theft report," which is merely your sworn allegation, is acceptable prima facie evidence of your assertion.

My recommendation is to file a dispute under FCRA 623(a)(8) directly with the creditor, and include an identity theft (police) report as your supporting documentation. Otherwise, your assertion is just an unsworn assertion.