I have a rather interesting situation with a CA. My fiance had an electric bill go to collections. The CA of course never sent the initial letter. We discovered it the first time she applied and was denied for credit. We sent out a validation request via crrr. We did it again. Finally sent an intent to sue letter. They never responded, but it came off the reports. All that we really wanted. Now keep in mind the account was paid anyways, we never dealt with this CA. Suddenly, we start to get calls about two months after it fell off the report, from the CA. I told them not to call anymore seeing how the situation was resolved. Well one week later we recieve another call. This time the caller id snagged their number. Fiance tells them not to call back ever again. The lady says,"It is the number we're calling, not you." The lady said she would take care of the problem. Well two more calls later and we're still at it. My question, can I do anything to them? Will this hold merit in court if we have already paid the account? Im sending a C&D letter out today. However, I feel they are continueing collection efforts, but there is no debt to recover? You think maybe some harrassment? Thanks for your input..
Dear Guigs, Placing a derog on your CR is a contact. If it's the INITIAL contact they have 5 days to send you a notice. Without it, that's a violation. When they call you are they attempting to collect the debt? Even after you tell them that the debt is nonexistant? If so that is several violations. It is not a requirement that you place an account in dispute in writing, (tho it's a good idea). They may NOT contact you for collections once this happens. Send your cease and desist via CRRR. That should stop them. Keep us posted.
You've already sent out your C&D when you asked them to validate the debt, a fact of which you should remind them. Therefore, since they did not validate the debt they are in violation.
I thought so. Thanks for confirming that for me! § 803. Definitions [15 USC 1692a] (2) The term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium. (reporting to the CRAs is considered a means of indirect communication) ------------------------------------------------------------ § 809. Validation of debts [15 USC 1692g] (a) Within five days after the initial communication (which would be reporting to the CRAs if they have never called or mailed the consumer) 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 -- (you know the rest, lol) Thanks again, Butch!
