Collection Agency- no notice

[laxfifi8]

What is the name of your state (only U.S. law)? New York

Hello,
I was recently denied a credit card based on info on my credit report. I was not aware there were any negative reportings other than a couple late payments from when I was younger. Upon viewing my report- I saw there was a collection agency claiming I owed $180 for an unpaid BMG Music Club account from 2004. I called the Collection agency who said they had a check from me that was a partial payment on the $37 that were originally owed and with interest had accumulated to $180.
I don't even know if I had a BMG account 5 years ago but I do know that there was no time recently that I got notice that this supposed account was going into collection or would be reported to my credit report.
Since then I've sent a number of validation letters. They sent back a list of CDs I supposedly purchased, but nothing had any dollar amounts, proof of nonpayment, interest charges, etc. on it. Furthermore, there was nothing showing that there was ever a partial payment check. Since I got that statement I have sent 2 additional requests for validation and then a demand letter to remove the negative reporting. I have still not heard anything back from them and filed a second dispute with the Experian to have it removed.
Is there anything else I can do short of getting a lawyer to have this removed? It seems like they are not willing to comply with my requests and the FDCPA, but I don't know what else to do. I would like to buy a house soon and am sure that will largely impact my ability to do so. Thanks!

[Antigone*of*Greece]

Originally Posted by laxfifi8

What is the name of your state (only U.S. law)? New York

Hello,
I was recently denied a credit card based on info on my credit report. I was not aware there were any negative reportings other than a couple late payments from when I was younger. Upon viewing my report- I saw there was a collection agency claiming I owed $180 for an unpaid BMG Music Club account from 2004. I called the Collection agency who said they had a check from me that was a partial payment on the $37 that were originally owed and with interest had accumulated to $180.
I don't even know if I had a BMG account 5 years ago but I do know that there was no time recently that I got notice that this supposed account was going into collection or would be reported to my credit report.
Since then I've sent a number of validation letters. They sent back a list of CDs I supposedly purchased, but nothing had any dollar amounts, proof of nonpayment, interest charges, etc. on it. Furthermore, there was nothing showing that there was ever a partial payment check. Since I got that statement I have sent 2 additional requests for validation and then a demand letter to remove the negative reporting. I have still not heard anything back from them and filed a second dispute with the Experian to have it removed.
Is there anything else I can do short of getting a lawyer to have this removed? It seems like they are not willing to comply with my requests and the FDCPA, but I don't know what else to do. I would like to buy a house soon and am sure that will largely impact my ability to do so. Thanks!

No one has to tell you an account is going to go to collections or will be reported to the CAs. If you do not believe the debt is yours dispute the debt to the CAs following the procedure they dictate.

If the debt is valid, pay it.

[dfromnyli]

What exactly is proof of non-payment? lol

[laxfifi8]

By proof of nonpayment I mean that I am asking for any kind of bill with itemized charges, the interest accrual from $38 to $180, any bills they claim to have sent me, and supposed partial payments I made. I don't believe the debt is valid but the only way for that to be proven is for them to not disprove it...and since they haven't sent me anything showing I actually had a debt I am trying to figure out what else I can do at this point.

[Credithis]

Keep the correspondance from the credit agency who denied you credit, this is actual damages. The CA has no proof of any "payments" made and BMG was involved in several lawsuits for erroneously charging people for phantom accounts. Ask the CA for a copy of your check/payment to BMG, ask if hey now own the debt or are they part of BMG.

Don't listen to Wirelessanny, she is a debt collector wannabe...

[ecmst12]

I was a BMG member for many years and there was never anything in the agreement allowing interest to be charged.

[dfromnyli]

Originally Posted by ecmst12

I was a BMG member for many years and there was never anything in the agreement allowing interest to be charged.

Even if you defaulted? I find that hard to believe but I guess some companies can give out stupid contracts.

[ecmst12]

It's not a credit card, why would there be interest?

[dfromnyli]

Originally Posted by ecmst12

It's not a credit card, why would there be interest?

I could list a million reasons if you want but it would take me a while.

[meanyjack]

I would have to second what "ecmst12" said. I was a member for BMG for many, many years (until they recently were purchased) and nowhere was it stated they -- nor did they ever -- charge interest.

If a payment was 30 days late, they added a couple of bucks, but that was it. That late charge was in their agreement language -- and/or on the bill you received when they included it with your product(s).

So, I'd call their bluff on this so-called "interest charges" the CA claims are included.

[KenGib]

It is a violation to try to collect interest that is not due under the contract terms.

Regarding the surprise claims and reports, if you want to contest the claim, contest it to the credit reporting agencies (all three) in writing. This triggers liability for false reports under the Fair Credit Reporting Act. Until you go through the contesting procedure you can't sue the company for falsely reporting a debt.