I just checked my report and there is a new collection account on there from a collection agency for pacific bell, they have not contacted me should I send the the validation letter now are wait until they contact me?
I think they were supposed to contact you first, giving you 30 days to dispute the validity of this debt...before reporting you to the Credit Bureaus. I'm not sure what you do in a case when they fail to contact you before putting it on your reports. Calmest_LA
You hit them up that it is against the FDCPA to report a debt or attempt to collect on it until it is vailidated or verified to you. Attempting to collect before then is a $1000.00 fine if you take them to court.
LKH- I think it's ify in the FDCPA. Theres an opinion letter that says placing it on the CR is an attempt to collect the debt. I would *think* it would be a violation, IF she has not moved and they DO have her last known address. My hubby had the same problem, they placed it on his report and NEVER attempted to collect. We found the collection 1 month after it was reported and paid it no questions asked. We have actually filed a lawsuit against a CA for 5 violations, not notifying us of the debt is one of them. I'm not sure if thats solid, but the other 4 violations are solid. The FDCPA says within 5 days of initial contact, they must send something in writing, I would think placing it on a report would be "contact". I may be way off base, and if this CA doesn't settle and it goes to court I will let everyone know the outcome.
I asked that question because I personally don't believe that placing the acct. on someones report prior to notification is illegal. They all do it. And of course a lot of them don't follow the law, but there are a few that do(ok maybe you can count them on 1 hand). I just haven't found anything in the FDCPA or letters that says they can't place the acct. without contact.
I would validate since it's already on your report...then let them hang themselves..how old is the debt?
LKH- Here's what I'm thinking. I'm gonna write a letter to the FTC asking for their opinion on the matter. My gut tells me you're 100% right, but I hope you're not . Are there any other questions I should throw into my letter? I'm basically going to ask: 1. Is a collection within the FDCPA when they report the debt to a CRA and never attempt to contact the consumer? 2. If so, how would the 30 day validation time frame work and would the debtor lose any rights under the FDCPA?
