Some time ago, I posted about my dealings with Universal Fidelity. They harrassed me shamelessly until I took advice from creditneters and sent a C&D letter and validation letters. I did not repsond to any of the letters. I got a call from the OC last week saying they had recieved a copy of the C&D letter from UF--and wanted to know why I had sent it. I explained why. She appologised to me and said that UF had closed out the account. She wanted to know if we could settle this--for the settlement amount that UF had offered (but refused to put in writting). She said that SHE would put it in writting. I'm waiting to recieve it. SO tell me....is this something that commonly happens? OT offering to settle? Thanks in advance, Mrs. C
The settlement amount that the ca gives you is what is authorized by the oc to begin with. So really the oc is actually getting MORE than what they would have b/c now they will not have to cut the ca a share. Yes it is normal.
Having the original creditor rather than a CA contact you can, in some circumstances, be a good thing if you have the money to settle and are inclined to do so. If the account is being reported to CRAs, you just might be able to negotiate payment for deletion (or at the very least a less adverse tradeline). Good luck! -HDAlex
Yeah, but what if the CA failed to respond to a validation request, ceases collection efforts, then the OC resumes collection of the unvalidated debt? Seems like this is a FDCPA violation - continuing to collect on unvalidated debts. Who to sue, the OC, since the CA was their agent? (Once again, another grey area) -Cliff
The OC can be treated as a CA if their collections department calls you and attempts to collect like a collection agency. Then you can ask them for validation also but if the debt is yours you're just forstalling the invevitable. Either they will sue you, get another CA after you or do nothing and leave the derog on your report for the remainder of the 7 years after DOLA.
