Okay, this is weird, PLEASE someone help me with this! I finally got my "validation" back from Unique. This is odd. The letter they sent says this: "In response to your recent inquiry, I have enclosed verification of your debt with the xxxx Library. Return of materials and/or payment of fines and fees should be directed to the library. Returning materials may cause additional fines to be calculated and added to your balance. Should you ignore this notice, we want to bring certian facts to your attention. Your credit may be adversely affected with the Library and Unique National Collections. This adverse information can stay on your record for up to seven years!!! (exclamation points theirs) The library would like to have you, again, as a patron in good standing. If you have any questions or need further information regarding your account, please contact your nearest library location. Sincerely, blah blah blah Then INSIDE their letter is a SEALED envelope from the library marked "confidential". This letter says. "Dear xxx, Thank you for inquiring about your xxx Library Account. Enclosed is a printout itemizing the fees owed to xxx from your account. You will notice that two of the items have not been returned. If you still have any of these items, returning them will decrease the amount of money owed to the library. If you still have questions about this account, you may call our telephone service at xxx and speak with any of our clerks. You may also call me at the phone number listed below." Now, help me out here - does anyone have ANY idea how to deal with this one? The CA doesn't even know? what I owe the library? I am so confused. They must because they are reporting it. I would LOVE some advice on this one.
bump... My question is this - it is obvious they have no records on this account except an amount they state I owe. The Library actually sent me the records in a sealed envelope. Do you think if I write back stating "it is obvious you cannot validate this debt with your records, you need to request deletion from the cra, and then send it back to the original creditor" what can I back this up with other than the Spears and the Woll* letter? I guess what I am looking for is how can they report to the agency when they cannot validate the debt? How odd. In a sealed envelope! I thought it was usually the other way around - the creditor would refer you back to the collection agency...
Is it for library books? If so, that is different. IF you return the books, there should be a maximum fine per book ($10 in late fees). If you dont return the books, you owe the replacement costs. Dealing with libraries is a little hard - if you have the books, call the library and ask them if you return the books and pay the late fees if they will have the CA delete all derogatory information. Usually they will. Libraries are on a tight budget - they need the books back. In SC, they modified the law. Now you can go to jail for failure to return library books AND you have to pay for the books. Doesn't matter if you checked the book out 15 years ago, they can still come after you and lock you up.
I'm not sure if I'm reading this correctly, however, I believe from looking at this paragraph (below) from the FTC opinion letter you're referring to, it would seem the CA conformed to the FDCPA. ------->The statute requires that the debt collector obtain verification of the debt and mail it to the consumer (emphasis mine). Because one of the principal purposes of this Section is to help consumers who have been misidentified by the debt collector or who dispute the amount of the debt, it is important that the verification of the identity of the consumer and the amount of the debt be obtained directly from the creditor. Mere itemization of what the debt collector already has does not accomplish this purpose. As stated above, the statute requires the debt collector, not the creditor, to mail the verification to the consumer.<---------
You need to pay the fines and return the books - I have no idea how you could possibly get this off your credit report. Perhaps you could try to negotiate with the library to have your account returned directly to them and then work with them, otherwise challenging the debt collector for further validation is probably not going to work. Any judge is going to award for the library if you try and take them to court, I think.
Can the CA report if OC is paid? Okay, I have thought about this and maybe I wasn't too clear. IF I PAY THIS DEBT TO THE CR, CAN THE CA STILL REPORT IT AS PAID COLLECTIONS TO THE CRA? I can't find anything on this! It seems to me that if I were to pay the original creditor, receive a receipt from the original creditor - that the collection agency couldn't report it as paid collections. But maybe they can? Thanks in advance...
Re: Can the CA report if OC is paid? Talk to the library - cut a deal with them. Tell them you will pay THEM if they have the CA remove all derogatory information from your report(s). Get it in writing. Should work- libraries just want their books back or money to buy new ones.
Re: Can the CA report if OC is paid? I already tried that, no dice. They (CA) absolutely will not say anything other than paid collections and insist that I pay the library. That's what is so odd! The original creditor isn't reporting anything derog. But back to my original question.... If I pay the original creditor, does the collection agency have to retract their note to the cra? Someone has to know this...
Re: Can the CA report if OC is paid? I didn't say to contact the CA - contact the library - the original creditor. Ask the library if you pay them if they will have the CA remove everything. No, they don't HAVE to but if the creditor tells them to, they will.
Re: Can the CA report if OC is paid? What if the debt was bought by the CA? Would the original creditor have lost the power to request this of the CA?
Re: Can the CA report if OC is paid No, the library says to contact the CA, they say they have no power to request the deletion of my tradeline because of the terms of their agreement with the CA. The library is not reporting the tradeline, the CA is. The CA says they will not delete the tradeline, but to pay the library not them, this is what makes me go back to my original question If I pay the original creditor, can the CA still post a "paid collections" even though they were never paid. Perhaps it is clearer now...
Re: Can the CA report if OC is paid Somebody did the same thing to me. Anybody know this answer? Dancer
Re: Can the CA report if OC is paid I don't know the answer, but this paragraph is iffy: "Should you ignore this notice, we want to bring certian facts to your attention. Your credit may be adversely affected with the Library and Unique National Collections. This adverse information can stay on your record for up to seven years!!! (exclamation points theirs) " It insinuates that your credit has not already been adversely affected. I've run into case law where CA's were sued for using this language and won. Something to look into at any rate. L
