I've posted much about CA's selling or assigning a debt to a subsequent (unsuspecting) CA because you demanded validation that they cannot provide. This issue affecting a lot of people. Assuming you demanded validation that never came, or was inadequate, I suggest you take it upon yourself to "notify" the subsequent CA of the debts FROZEN status. Send CA2 &3 &4 & whatever, the following letter. Obviously you'll want to customize it to fit your situation. Dear CA#2, It is a well settled legal principle that all opportunity for resolution must be extinguished before legal action can take place. This notice should be considered constructive notice. Ca#1 has sold/assigned ("dumped upon") you a NON-performing, illegitimate debt, the collection for which has already been frozen by my demand for validation, via FDCPA. My demand was sent xx/xx/xxxx and signed for on xx/xx/xxxx by John Smith, at [insert address]. Follow-up letters were sent, blah, blah, blah. Your ignorance of this fact is no excuse. Both you and CA#1 are in violation of Federal Law for (but not limited to) continued collection activity on an alleged debt, the collection for which MUST CEASE until valid proof sent, pursuant to FDCPA § 809. Validation of debts [15 USC 1692g] (b) May I suggest you return this account to CA#1 and demand your money back, or compensation for your wasted time, pursuant to the "qualifying RECOURSE accounts provisions" of your purchase/assignment contract. I further demand that you immediately delete the trade-line you have inappropriately inserted on my credit report. YOU HAVE REPORTED INCORRECT INFORMATION! You have 5 days to cure. OR ... If you report this derogatory item to any credit reporting agency after the tracked and verified receipt of this notice, you may be sued. Any further communication from you before I receive the demanded proof of this alleged debts validity via federal and case law and I will instruct my atty. to begin drafting a formal complaint. Regards, Enclosures: 1) Copy of original and all subsequent val demands 2) Copy of return receipts & green cards 3) My atty. staff Let us know what happens.
Thanx Gang, I almost wish I had a subsequent CA after me for a debt. But I know many do, so let's get this thing tested.
Butch.... YOU ARE DA MAN!!!! I don't have that issue yet *knock on wood* but this is a good thing to know
Good letter Butch. In the situation when the acct is assigned rather than sold, you might consider sending the same letter to the oc with a statement that the oc can also be held liable for any violations committed by an assigned ca in attempting to collect the alleged debt.
