Debt after over 2 years
Complaint
Lisa Drew-Alton
Country: United States
They somehow got my cell phone and informed me that I had an outstanding debt with JC Penney with no payment since March 2009. After several phone calls trying to get information directly from JC Penny, asking everyone to give me some backup information on the bill, what were the chargers for, etc. NO ONE, JC Penney, GEMB (?) or Recovery Portfolio, said they had any detailed information. They have filed with on my credit record giving me a bad rating but cant give me any details. Why would I just pay this without some details. THey told me to file a dispute letter with them, but not that I see all of the complaints, I am wondering if it this even worth it. But how do I get my good credit rating back. I ALWAYS pay my bills. Any suggestions?
Comments
That is exactly what you should do. You will accomplish nothing on the phone.
FDCPA allows you to dispute alleged debts with debt collectors, and requires them to either obtain and send you proof or stop collection activity if you dispute within 30 days of receiving their first letter.
After sending PRA the dispute letter, dispute the negative entry on your credit report through the credit reporting agency. They are required to forward the dispute to the data furnisher (whoever posted it), and if they "verify" it in error instead of correcting or removing it, then they can be found liable under FCRA for their error.
If you have further problems with collection on an unowed or unproven alleged debt, or with erroneous credit damage, contact FTC and your state Attorney General, then find a consumer attorney. Both FDCPA and FCRA allow courts to award damages and attorney fees so you should be able to find an attorney to take such cases on contingency. You might try www.naca.net