What Next

[crusheroz]

What is the name of your state? Washington State
Hello! I mailed out on October 28th (CM RR) a dispute and validation letter to a agancy that has an AT&T wireless debt they say we owe. I just found out that, they in turn have sent this account to NCO. I learned this from our credit report. This debt to AT&T goes back to 2000. We were shut off for nonpayment in October 2000. We paid the part we owed (October 2000 bill) and disputed $350.00 of it, with the dispute I sent in a copy of the cancelled check (to prove that I had indeed paid the bill they say never was paid) and a copy of our contract (they charged us 200.00 early cancellation fee) to prove we had met our 1 year contract. We had almost been with them for 2 years. This was all sent to the first Collection agency in late November 2000. The agency sent all of this to ATT and ATT then sent it to the AT&T wirelesss Credit Investagation Team and charged off the debt. We have disputed this a number of times, asked for validation and sent our proof to them as well, with no info ever sent to us. I was able to get it removed from 2 of our credit reports expect Trans Union. That is why I sent in again a dispute and validation to the collection agancy. I want this off of the credit report. Now NCO has it and has listed this on the Trans Union report. So I have 2 collection entries on there for the same debt. I am sending a dispute and validation letter to NCO first thing tomorrow. What can I do from here? We dont owe this debt, I have proof that we do not owe this. What can we do to AT&T wireless for refusing to correct this mistake and not accepting the paperwork (proof) we have. After dealing with this for 3 years I am getting tired of the run around.

 

[bigun]

Is AT&T reporting anything? Does NCO have the tradeline marked as in dispute?

 

[crusheroz]

There is an AT&T Wireless Investagation Team listed on the report, they have it as charged off. I dont know if they are a collection agency or not, I believe they are. We have disputed this with them and asked for validation with no results. I just found out about NCO on Saturday, I am sending my letter of dispute and validation today.

 

[bigun]

Wel, 2 suggestions on dealing with AT&T. You can file a complaint against them with both the FCC {www.fcc.gov} and, your states Public Service Commission.
You can also sue them in small claims court for inaccurate credit reporting.


Civil Liability under FCRA for Furnisher of Information
Nelson v. Chase Manhattan Mortgage Corporation
The issue in the case was whether the FCRA creates a cause of action for a consumer against a furnisher of credit information. The 9th Circuit Court of Appeals held that the FCRA is to protect consumers against inaccurate and incomplete credit reporting and Section 1681s-2(b) provides a private remedy to injured consumers. Thus, a consumer can sue a company for furnishing inaccurate and/or incomplete information. In this case, the furnisher allegedly failed to take prompt and appropriate corrective action once it was notified that it had reported inaccurate information.

 

[crusheroz]

Hello! I just got info back from NCO, they sent be old bills as proof of the debt. Now they want the money. The amount in dispute is a payment never credited and a cancellation fee. We were well past the one year mark of our contract with ATT, matter of fact we were on a month to month since we had met our 1 year contract. What can I do now to get NCO off my back. I dont owe this money. Also a copy of our contract with ATT was not sent to NCO. I have filed complaints on ATT.

 

[bigun]

Do you still have the copy of the check and, the contract?

 

[crusheroz]

I still have the contract, I can look through my bank statements and find the check and call the bank to get a new copy of it.

 

[bigun]

You know Crusher this may be the time to walk into your small claims court clerks office and learn the procedure for filing a lawsuit. They are in violation of the section of the FDCPA about misrepresenting the character of the debt {what debt-it's not yours} and, they are reporting false info on your credit report.

 

[crusheroz]

Hello! I have a new question about this whole ATT wireless thing. Since we were pasted our contract with them, would this account fall under an open ended account? I have filed my complaints with the FCC and I am getting my information and proof together to file a lawsuit against ATT wireless. The problem I have is NCO, they are on me like stink on S**t for this money. I have sent letters and proof I dont owe the debt to them, but they think because they sent me old bills as proof of the debt I owe it. I found that the SOL for Colorado open ended accounts is 3 years at http://www.carreonandassociates.com/statute.htm#Colorado. If this is an open ended account, is the info from the site above correct?

 

[bigun]

Since you reference a contract with AT&T, I'd suggest the contract is written.
Hell, sue NCO while you're at it. They've violated 807 and 808 of the FDCPA.

 

[tigger22472]

I'm going to also suggest that you get a copy of your credit report... NCO has an account on my husband's credit for the SAME thing TWICE... I contacted the credit bureau and I'm awaiting their response on that and one other issue that was on my CR.... Just make sure that when you get NCO off your back you get everything with this account off.

 

[jez51]

I had a similar problem with AT&T several yrs ago over a 28.00 internet bill, it took a year with a lot of phone calls and letters to get them to credit my payment. They are not easy to work with.
Good Luck

 

[copygirl]

I'm having the same problem with AT & T and now have NCO on my back. They are real pains in the a$$! They call morning, noon and night and refuse to listen or take into account my paperwork. All they say to me is, you need to pay this debt immediately or we will take action.

I no longer pick up the phone when I see them or unavailable on my caller ID.

 

[crusheroz]

Thank you for the help. I was hoping since we were past our 1 year contract with them, it would be an open ended account. I was hoping to tell them to kiss my a$$. Well I guess I will continue to get all of my paperwork together and sue. And those who have and are going through the same thing with ATT, I feel your pain.