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  1. #1
    Join Date
    Dec 2007
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    Pennsylvania
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    301

    Default Incorrect Entry On Credit Report

    My question involves collection proceedings in the State of: PA

    There is a company that is claiming that I owe a debt to a dentist that did some work on me in 2005. I contacted the Office of the dentist and they have a record of me owing $3.71 but they discounted my account as a courtesy. (I've spent thousands of $ there) Dentists have come and gone so it is possible that a debt was sold to this company, but there should be no outstanding balance.

    I challenged the company's reporting to each of the 3 major credit reporting agencies and it was removed from one due to failure to provide proof of ownership. For some reason it was never removed from the other two companies. (Equifax and Experian)

    I wrote to the company asking for proof of ownership and gave them a reasonable time limit of a few weeks. It has been over 3 months now and I have yet to hear anything. My question is what venue should I choose to sue this company? Should I sue in my local court, or does this need to be taken to some higher level (federal?).

    I have sent all correspondence by certified mail and I have signatures of the requests being received.

    I'm really sick that this company can destroy my perfect credit with this accusation and no proof.

    Thank you all for your time!

    Vince

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Incorrect Entry On Credit Report

    Quote Quoting vincedia
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    There is a company that is claiming that I owe a debt to a dentist that did some work on me in 2005. I contacted the Office of the dentist and they have a record of me owing $3.71 but they discounted my account as a courtesy.
    So the collection company says you owed $3.71 to the dentist and that the purchased the debt from your dentist, and the dentist's office says they forgave the $3.71? Apparently the dentist's office is mistaken, and otherwise how would this new company even know about the debt?
    Quote Quoting vincedia
    I wrote to the company asking for proof of ownership and gave them a reasonable time limit of a few weeks.
    What makes you think they have to send you proof of their ownership of the debt, just because you asked?
    Quote Quoting vincedia
    It has been over 3 months now and I have yet to hear anything. My question is what venue should I choose to sue this company? Should I sue in my local court, or does this need to be taken to some higher level (federal?).
    At this point, I'm still not clear on what you're going to sue them for doing.

  3. #3
    Join Date
    Dec 2007
    Location
    Pennsylvania
    Posts
    301

    Default Re: Incorrect Entry On Credit Report

    The collection agency is asking for over $1300 for something that the dentist is saying was about $4 but they withdrew.

    The collection agency was asked for proof of ownership under the FDCPA.
    They never provided proof, and continue to refuse to update the credit reporting agencies with the removal of this incorrect claim.

    So I just want them to remove the claim and record from the other two agencies.

  4. #4
    Join Date
    Sep 2005
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    Posts
    98,846

    Default Re: Incorrect Entry On Credit Report

    Are you referring to this provision?
    Quote Quoting FDCPA Sec. 808(b)
    If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector....
    What language do you believe requires them to "prove ownership"?

    Take a look at this guide to the FCRA (PDF). If it were me, I would follow its suggestions and, if the matter weren't cleared up, bring a small claims case in my local court. (The FCRA authorizes actions in either state or federal court.)

  5. #5
    Join Date
    Dec 2007
    Location
    Pennsylvania
    Posts
    301

    Default Re: Incorrect Entry On Credit Report

    Quote Quoting Mr. Knowitall
    View Post
    Are you referring to this provision?
    What language do you believe requires them to "prove ownership"?

    Take a look at this guide to the FCRA (PDF). If it were me, I would follow its suggestions and, if the matter weren't cleared up, bring a small claims case in my local court. (The FCRA authorizes actions in either state or federal court.)
    Thank you sir! That is what I was trying to get at.

    Vince

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