CA uses another CA to collect - VIO

Discussion in 'Credit Talk' started by enigma, Jun 10, 2004.

  1. enigma

    enigma Well-Known Member

    Section 805(b) -- Communication with third parties. Unless the consumer consents, or a court order or section 804 permits, "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 the 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."

    A CA or a debt buyer, who is still a CA, has an account bought or placed for collection, sends that account to another CA for collection.

    As I read 805 it looks to me like it is a violation.

    What are your thoughts and comments?
     
  2. jam237

    jam237 Well-Known Member

    It looks like one, doesn't it...

    However, it is probably a loophole which would allow them to assign the account to another collection agency on their behalf.

    It does make validation trickier (i got one on this one) since they obtained the validation from the CA #1, instead of the OC (and still provided the same illegible validation that I had personally told them wasn't acceptable.)
     
  3. jam237

    jam237 Well-Known Member

    I read the C1 "You're pre-approved to receive a C1 Card because of your post-SOL account with DSDA Collections." as even more of an 805 violation, because in this case, they DID NOT ASSIGN the account to WestMoreland Agency/C1, yet, the account will only be assigned to them if you are nieve enough to accept the offer.
     
  4. enigma

    enigma Well-Known Member

    I forgot about that one. I had Asta Funding buy an account, then got a letter from Van Ru who said that it was assigned by Palisides who said they got it ftom Asta.

    Sent Van Ru DV, they went to Palisides for validation instead of the OC.

    But in my state a debt buyer must be licensed as a CA and Asta is not licensed.
     
  5. enigma

    enigma Well-Known Member

    ~
     
  6. lbrown59

    lbrown59 Well-Known Member

    Re: Re: CA uses another CA to collect - VIO

    ==================
    They can't do that .They have to go to the OC.
    What did you get for validation?
     
  7. enigma

    enigma Well-Known Member

    Re: Re: Re: CA uses another CA to collect - VIO

    Van Ru replied with 3 statments that did not match the amount they claim is owed, plus they included the pre-approval letter and nothing else.

    All the documents had Palisides received stamps on it.

    I DV'd Van Ru they sent it back to palisides, I DV'd them, they sent the same stuff Van Ru sent me.

    I disputed it with the CRA's, it came off of EXp and EQ but TU verified and it was not marked in dispute.
     
  8. jam237

    jam237 Well-Known Member

    Re: Re: Re: CA uses another CA to collect - VIO

    lbrown:

    I had the same problem.

    CA #2 provided the alleged application from a third party (mass fraud of the third party taking application information and applying it onto other applications for third-party companies who they sold those applications to or were otherwised compensated for it), and an illegible facsimile which only partially itemized the account (every 3-4 items was a *TOTAL COST OF XXXXX* which were not broken down farther, neither CA #1, nor CA #2, could comprehend that that illegible facsimile wasn't complete because of the TOTAL entries, how do I know those TOTALS were accurate?
     
  9. enigma

    enigma Well-Known Member

    Re: Re: Re: CA uses another CA to collect - VIO

    ~~~
     
  10. lbrown59

    lbrown59 Well-Known Member

  11. lbrown59

    lbrown59 Well-Known Member

  12. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: CA uses another CA to collect - VIO

    I disputed it with the CRA's, it came off of EXp and EQ but
    1*TU verified and it was not marked in dispute.
    enigma
    ==========
    1*1000 violation

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