Bought accounts.

Discussion in 'Credit Talk' started by dems614, Jan 11, 2007.

  1. dems614

    dems614 New Member

    I have been contacted by Credit Collection Services in reference to a Sage Telecom Account. Apparently, Sage boughtout several telephone companies several years ago has sold the account to CCS. I have read the threads about the validation letters and such. I contacted the CCS reps. (possibly a bad move), they informed me that all the information they had was that I owed them money from 4 1/2 years ago. I was given my last address, the dates given were from an address previous to the last and they had no account information.
    When I asked about the account information, I was told do a letter requesting a review and they would then be able to tell me who, what, when, where the account information was.

    Per the Sage, they sold the account and CCS bought it. Per CCS they were given the account to collect on be-half of Sage.

    Do I need to just send the letters of validation and see what happens next or what.

    thanks for the assist in advance.
     
  2. ontrack

    ontrack Well-Known Member

    " I contacted the CCS reps. (possibly a bad move), they informed me that all the information they had was that I owed them money from 4 1/2 years ago. I was given my last address, the dates given were from an address previous to the last and they had no account information.
    When I asked about the account information, I was told do a letter requesting a review and they would then be able to tell me who, what, when, where the account information was."

    That probably is all they currently have. As they indicated, if you want more, you want to send your request in writing. Verbal requests will not get you anywhere. But you are not just requesting a "review".

    As required by FDCPA, they must send you a letter within 5 days notifying you of your rights to dispute and request validation. You should send a letter disputing the debt and requesting validation. Send it certified, return receipt requested, so you have documentation that they received it.

    They should obtain that validation documentation from the original creditor and send it to you. If your validation request is within 30 days of their first contact notification letter, they cannot assume the debt is valid, and must suspend any further collection activity until they have obtained and sent validation.

    What, if anything, do you know about this account?
     
  3. cap1sucks

    cap1sucks Well-Known Member

    Where at?

    What section did you find that in?
     
  4. ontrack

    ontrack Well-Known Member

    http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809

    "§ 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.

    (c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
    ..."
     
  5. cap1sucks

    cap1sucks Well-Known Member

    Section 809 Subsection (a)


    As required by FDCPA, they must send you a letter within 5 days notifying you of your rights to dispute and request validation. You should send a letter disputing the debt and requesting validation. Send it certified, return receipt requested, so you have documentation that they received it.


    dems614 didn't say how the contact occurred. If the initial contact was by any means other than by letter then your reference to that section would be correct.

    I only wanted to point out that if the initial contact was by U.S. Mail and contained the required 5 indices and the required miranda notices then that section would not have been violated.
     
  6. ontrack

    ontrack Well-Known Member

    Correct...
     

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