Consumer complaint received 2020-08-21
Company: ERC
State: GA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
Enhanced Recovery inserted a derogatory entry on my credit report without providing a dunning letter or any correspondence on the alleged debt that would have informed me that they were attempting to collect on the alleged debt. To that end, when I retrieved a copy of my credit report I noticed this inaccuracy and immediately sent a letter to the credit bureaus followed by Enhanced Recovery. I specifically requested that they provide : An agreement that states your authority to collect on this alleged debt ; Agreement with signature of the alleged debtor wherein he/she agreed to pay the creditor Alleged account number Date this alleged debt became payable Original delinquency date Verification that this debt was assigned or sold to collector Complete accounting of alleged debt Name and address of the bonding agent for collection agency in case legal action becomes necessary. 
ERC provided a response dated XXXX XXXX and stated that CFPB regulation states a direct dispute must include sufficient information, etc. This is a stall letter tactic ERC provided. My dispute was very specific. I challenged aspects of the FCRA and FDCPA. I sought validation and not verification. Additionally, the law provides that when I first disputed this entry with the credit bureaus and the bureaus made contact with them, the account was technically supposed to be updated to disputed at that time and not when I followed up to direct dispute with them. This is a very misleading practice and a violation of my consumer rights. If the bureaus communicated in writing to me stating ERC had verified the debt, why did ERC not update the status of the entry to the bureaus as dispute. After all, ERC pays the bureaus to provide such information. 

They did not provide any documents that bore my signature nor did they provide the original delinquency date nor a complete accounting of the alleged debt. The first violation is that ERC inserted this unverifiable, inaccurate entry on my report without providing me the any time to dispute the validity of their alleged debt and second, they did not cease reporting of this entry with the credit bureaus after they were in receipt of my dispute. These are direct and blatant FDCPA violations. ERC must immediately delete this erroneous entry from all of my credit reports. If they indeed are alleging that I owe them for a XXXX bill, why then did they not provide the original terms of agreement as well as any other updated conditions and terms of agreement? Why did they not provide a copy of the ledger to reflect any payments to them? Why did they not provide copies of correspondence they have sent? Why did they not provide any documentation to substantiate the alleged amount? This entry lacks veracity. 

Delete this entry immediately and provide me a copy of the correspondence sent to the bureaus to direct them to remove this erroneous entry.

Company response to consumer: Closed with explanation