Hello all: I have an issue where an account charged off a while ago. I sent the OC and CA validation request. The CA sent back a letter stating that they were no longer handling account. 2nd CA pulls my credit report, and then sends a letter requesting payment. I then sent the OC and 2nd CA validation request, no response. I sent the OC an offer to settle the account, they forwarded it to 2nd CA. 2nd CA contacts me about a month ago, trying to settle. Back and forth we negotiated, and we could not come to an agreement, so I told them to cease and desist over the phone in my last conversation with them. Later that day, they call my office mgr to verify employment. so, the next day, I sent them cease and desist all communication. My questions are: is the OC assignment to the account to a 2nd ca considered continued collection activity after request for validation to 1st CA and OC? Violation? is the 2nd CA's pull of my credit considered continued collection activity after request for validation to 1st CA and OC? Violation? Is the failure of the OC to note my account as in dispute a violation? Is the 2nd CA's contacting my employer after I told them on the phone to C&D a violation? If the 2nd CA continues to contact my employer and/or me, is that a violation?
I don't know for sure, but it may be a timing issue. The 1st CA wasn't handling it any longer. Had they been corresponding with you, or did you just find it in your credit report? You said you sent validation to the OC. It sounds like you might have woke them up, so they reassigned it to a new collection agency. Its really a tough call...timing. BTW, you are aware the OC never had to validate? It was a violation whether you asked them to C & D or not. They had already located you. (b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. The 2nd CA is allowed to contact YOU one more time with specific information. Read 805c FDCPA.
Assuming your'e not in a state that holds the OC to FDCPA, I'd say only the CA is accountable here and that the OC can continue on as they want. Based on my first respone, I don't believe the second CA is effected by the the first CA's lack of validation. There are some folks here who have dealt with this though and have come up with some ways to deal with it. They may have even connected a few dots of the FCRA and FDCPA and were able to find a violation here?? Yes, and same withthe CA if they're reporting you and failed note you disputed. I agee with the above post on this. i would say yes.
