Consumer complaint received 2020-09-30
Company: ERC
State: TX
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
On XX/XX/XXXX, my credit monitoring services told me about a collections action registered against XXXX   for {$59.00}. Aside from the fact the collections agency 's number in the filing ( ERC in XXXX, FL ) was not working, I searched the internet and found them. After contacting them they immediately had my current address and the address of one of my businesses and claimed that I had an unpaid bill of {$59.00} to XXXX XXXX XXXX ( now XXXX ) from XXXX! 

I then called XXXX  ( which I have an active account with, meaning they know how to find me. They found my current account and they claimed the bill was for unreturned equipment from my previous account in a house I moved out of in XXXX. I had returned the equipment, in fact I simultaneously canceled my account in person while I was returning the equipment. 

My main issue is that I have had XXXX XXXX accounts in several places ( XXXX, TX, and a current one in XXXX, TX ) yet the first information I get regarding this almost 7 years old alleged issue is from my credit reporting service. As well, the credit reporting agency IMMEDIATELY recited my current home address to me when I Called, yet sent no notice via mail before reporting this to XXXX. Additionally, XXXX  confirmed with me that they had both my telephone number and my address at my XXXX account and again no attempt was made to contact me. 

As well, after I had closed the account, I rented my house for 1 year after, and my tenant was very dutiful in giving me any mail that arrived at the house in my name. And at no time did I receive any mail regarding this. 

XXXX  claims they are going to search for this device as it may " not have been scanned in '' as they claimed, but this account was closed in XXXX. At this point no attempt had been made to contact me regarding this issue and now this exists on my credit report at a time when I would like to refinance my house. 

It also seems that a New York congressman wants an investigation into this very practice of XXXX  : https : XXXX So it seems this is a growing concern for more people than just me. 

I am an honest person and have well over an 800 point credit score. I have had forwarding addresses for my mail and they even admit they know my address and phone number. It is egregious and reprehensible that I would be notified of an issue from XXXX by a collections action on my credit report with no earlier attempts to notify me of an issue in light of these facts.. especially when the XXXX rep I spoke with said they would not have let me create a new account in XXXX unless I had resolved the alleged unreturned equipment issue. Now it will most likely take many hours of my time to resolve this and expunge the record from my credit. For some reason, it doesn't seem likely I will receive compensation for this, and if I demanded this and they didn't pay I don't have the ability to place this on THEIR credit report. 

The statute of limitations for debt collection is 4 years in Texas usually from the last payment that was made so it is illegal for there to be a collection action almost 7 years after their failure to notify me in a timely manner of an account that was closed in XXXX. If I can not get this removed from my credit report ( which erroneously states the debt was owed in XX/XX/XXXX ) this will depress my score for 7 or more years and seriously impact my ability to use credit facilities and could quite likely be an actionable position as I could incur financial losses due to this. 

I have attached the collections information from my XXXX  credit reporting account including the disconnected number for the debt collector ERC.

Company response to consumer: Closed with explanation