I had a listing on 2 of my credit reports from a collection agency about 2 months ago. Then suddenly it was gone. They called me at home about 2 weeks ago trying to collect. I had never heard of them. Then over the weekend I got the "initial" collection letter from them. They actually reported it on my credit report BEFORE even sending initial contact letter giving me 30 days to dispute, as I just received it this weekend. Do I have them? I intended to pay 70% to prevent it from appearing, but now that I realized they already reported it and then apparently realized their mistake, removed it and now sent me the initial letter, I'm wondering if I can use that against them.
Christi, The same thing happened to me except these idiots reported it on CR in Jan/02 and then sent FIRST collectino letter to me FEB/02 (I have sent them validation letter)......I'm sure this is a violation, but which one, cuz I would sure like to nail their ass too!!!!
~~update~~ She calls today and leaves a message "This is a waste of time..Ms. Christi, we got your request for validation of this debt and we ordered an itemized statement and will have it tomorrow. In the meantime you need to call and make arrangements to pay this debt or it will go on your credit report Feb. 28, 2002.". Now what? Do I have them? I kept the message on the machine!!
Direct from the FDCPA: (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. Now... from what she said on your answering machine, she is still engaging in collection of the debt BEFORE she has obtained verification. And the best part? She admits to this (you need to call and make payment arrangements) on your machine! -Violation #1 Oh and threatening to place it on your cr. report in 3 days, I bet that's another violation.
GET EM, Christi!!!! (make sure you have time/date stamp on your machine! SO QUESTION: Can they legally report to your CR BEFORE they even send you a collection letter???
Christi: Also, once you let them know the item is in dispute... if it's on your report they must put that it's in dispute. I guess they realized their error and pulled it off completely. DO NOT PAY THEM. No joke. don't. You have them already for violations. fdcpa and fcra.
Don't pay them they owe you Christie - make em pay. They were to late in pulling it -the're still guilty Nail them for it. Christie how much are they trying to collect?
A CA did this to me too. Put it on report before notifying me and three inquiries. Does anyone know if this is a violation? Also, this is when it really helps to have the FTC opinion about computerized printouts. I started a thread a few days ago called "validation letter idea" and I have had good results. Christi if they are getting ready to send you a computer printout this might have made them think twice. I would Fax them the opinion letter now. Candi
