I have a 5+ year old account from an electric util that I'd like to try a a PFD. The account was sold the end of last year to a JDB. The JDB has placed in on my credit but has made no communications with me. When I send them a PFD letter, I don't want to miss any technicalities. Can I have the OC's listing removed too? What will that take? Thx
You can't get one person to bind another to a contract. First... If the JDB never contacted you, that would be my first approach... (They didn't provide required notices, including validation; may be misrepresenting the amount, character & legal status of the debt.) I prefer putting money in my pocket than in theirs...
Radio silence from them. I just showed-up on my CR last month. I DV'd them today. Are they actually required to make any contact or is reporting-only within their rights? Since the OC is reporting it, and now the CA/JDB is reporting it, it's double-trouble. If I can get it resolved with the new CA (whether that be through DV deletion or PFD) what/how do I deal with OC reporting?
§ 809. Validation of debts [15 USC 1692g] (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. BTW, what's your state SOL?
4 Years. It is way post SOL for suit, but within reporting SOL for another year appx. Since the JDB never contacted me, how's the 30-day rule play out? I called the OC yesterday and they indeed have records, but have sold the debt and would not take payment. If I could get a fast/easy path to PFD, that would be my preference. Since they can't sue me and the amount is decent, I'd suppose they are ripe for a settlement.
Under the FDCPA, as mindcrime posted, they need to notify you within 5 days of the initial communication. Communication is defined as DIRECT or INDIRECT through ANY MEDIUM. So, reporting on a credit report would be an indirect communication through the CRA report. Also, under the FCRA, they are required to notify you of their intent to post negative information to your credit report. Unfortunately, it is under the non-actionable provisions of the FCRA, but it is still a requisite requirement within the act. (So in my letters, I name that they've violated the FCRA, just am silent as to whether it is or isn't a violation that I can take action about.) If they've never contacted you, DIRECTLY, and YOU pro-actively invoke the rights that they were legally required to give you notice of; they are required to cease collection activity. The catch-22, unless they actually 'think' and craft a letter so that they can provide the required notices, in a way that DOES NOT DUN (it is possible!) they'll still have been in violation of the validation provision as well as the mini-miranda provisions of the FDCPA, and the adverse reporting notification provision of the FCRA. So, I would utilize the 1-2 punch as soon as I know that they've received the validation letter (which is why I typically utilize facsimile to get the letters to them, it's instant communication... )
Awsome. They didn't contact me. I'll go back through my email to double-check, but since the violation isn't actionable, they probably don't care. (probably their MO) Again I sent out the DV via CMRRR just yesterday. I'll sign-up for an outgoing fax service so I can hit them right away. Is fax delivery acknowledgment as acceptable as CMRRR for legal actions? What is the "1-2 punch" that exactly should I send?
i'm actually dealing with something similar 1-2 punch img.photobucket.com/albums/v170/serenitybreeze/creditboards/DebtValidationFlowChart.gif was the CA pencredcorp?
The FDCPA violations *ARE* actionable, it's the FCRA violation for not providing notice of their intent to report adverse information that isn't actionable. (The bad thing is that, unfortunately they could commit multiple violations of the FDCPA, but it would only come out to the same statutory damage amount.)
