Welcome, From_ill_annoy, and thank you for sharing your story. CFPB is considering rules that would require lenders to give more information about the debt to debt collectors. Do you think that providing more information to the debt collector would have helped keep your case of mistaken identity out of court in the first place? You can read more about what CFPB is considering and comment here.
The solution to this problem is a mandate that account numbers and names on them not change during their life, no matter how many times transferred. This goes for credit reporting agencies as well.
CFPB can't regulate general rules of practice for attorneys. Under the FDCPA, they can issue rules prohibiting debt collectors from using “false, deceptive, or misleading representation or means in connection with the collection of any debt” or “unfair or unconscionable means to collect or attempt to collect any debt.” One of the principal purposes for the validation notice, under the FDCPA, was to “eliminate the recurring problem of debt collectors dunning the wrong person or attempting to collect debts which the consumer has already paid" (See the ANPRM Validation Notices, Disputes, and Verifications (Section 809 of the FDCPA)). See also the post on the "validation notice" sent to consumers.
I am in the same situation as From_ill_annoy. I have been denied credit and loans as a result of these adverse actions which have impacted both my personal and professional life.
I got hit with a notice from a doctor's office and his collection agency that I owed and -- get this -- never responded to their notices. First, I never got any notices and second, I called the doctor's office and validated that I have never been a patient there. The office manager even wrote a letter to the collection agency.
It was clearly THEIR mistake, and you know what? The collection agency got all hot and bothered and rude to me because then they had to pay to remove the notice of me "owing" a debt from the three credit reporting agencies -- boy I hope you go after these cowboys next -- and yet it was removed.
But while waiting for the letter, I managed to actually get someone on the phone from Equifax, I was so angry, and their attitude was, "we just report this" blah blah blah.
I say there ought to be sanctions, monetary sanctions, against these credit reporting agencies for making these mistakes and their cavalier attitude. They have this attitude of, so what? So what? This has been more than two years ago and still seethe because of the cavalier and rude attitude when it was clearly their mistake. I even called MY eye doctor and had him write a letter that I was HIS patient.
You think things don't get out of hand? Oh my. YOu don't know how this kind of thing hurts people's ratings, scores whatever and then add insult to injury when you deal with rude inept people. Sanctions. Hit them in the pocketbook and you will see how fast they will make sure they do not make any mistakes.
Even when the right person is hauled into court, everything From_ill_annoy stated is still true. Defaulters should not be forced to complete the same type of court papers that those accused of crimes are required to fill out and file. Since debt collection is not considered a criminal act, filing papers should be much much easier for the defendant, and, a defendant should be allowed to plead Involuntary Default and get a better result. such as the freezing of all interest rate charges, penalties and fees in exchange for the promise to pay, even if it takes ten years.
Moderator
1
Welcome, From_ill_annoy, and thank you for sharing your story. CFPB is considering rules that would require lenders to give more information about the debt to debt collectors. Do you think that providing more information to the debt collector would have helped keep your case of mistaken identity out of court in the first place? You can read more about what CFPB is considering and comment here.
View this comment in the discussion thread
rb
2
The solution to this problem is a mandate that account numbers and names on them not change during their life, no matter how many times transferred. This goes for credit reporting agencies as well.
View this comment in the discussion thread
Moderator
3
CFPB can't regulate general rules of practice for attorneys. Under the FDCPA, they can issue rules prohibiting debt collectors from using “false, deceptive, or misleading representation or means in connection with the collection of any debt” or “unfair or unconscionable means to collect or attempt to collect any debt.” One of the principal purposes for the validation notice, under the FDCPA, was to “eliminate the recurring problem of debt collectors dunning the wrong person or attempting to collect debts which the consumer has already paid" (See the ANPRM Validation Notices, Disputes, and Verifications (Section 809 of the FDCPA)). See also the post on the "validation notice" sent to consumers.
View this comment in the discussion thread
JohnEllis
4
I am in the same situation as From_ill_annoy. I have been denied credit and loans as a result of these adverse actions which have impacted both my personal and professional life.
View this comment in the discussion thread
gmt512
5
I got hit with a notice from a doctor's office and his collection agency that I owed and -- get this -- never responded to their notices. First, I never got any notices and second, I called the doctor's office and validated that I have never been a patient there. The office manager even wrote a letter to the collection agency. It was clearly THEIR mistake, and you know what? The collection agency got all hot and bothered and rude to me because then they had to pay to remove the notice of me "owing" a debt from the three credit reporting agencies -- boy I hope you go after these cowboys next -- and yet it was removed. But while waiting for the letter, I managed to actually get someone on the phone from Equifax, I was so angry, and their attitude was, "we just report this" blah blah blah. I say there ought to be sanctions, monetary sanctions, against these credit reporting agencies for making these mistakes and their cavalier attitude. They have this attitude of, so what? So what? This has been more than two years ago and still seethe because of the cavalier and rude attitude when it was clearly their mistake. I even called MY eye doctor and had him write a letter that I was HIS patient. You think things don't get out of hand? Oh my. YOu don't know how this kind of thing hurts people's ratings, scores whatever and then add insult to injury when you deal with rude inept people. Sanctions. Hit them in the pocketbook and you will see how fast they will make sure they do not make any mistakes.
View this comment in the discussion thread
Debt Neutrality Petition
6
Even when the right person is hauled into court, everything From_ill_annoy stated is still true. Defaulters should not be forced to complete the same type of court papers that those accused of crimes are required to fill out and file. Since debt collection is not considered a criminal act, filing papers should be much much easier for the defendant, and, a defendant should be allowed to plead Involuntary Default and get a better result. such as the freezing of all interest rate charges, penalties and fees in exchange for the promise to pay, even if it takes ten years.
View this comment in the discussion thread