Creditor Must Do Before Collections

Discussion in 'Credit Talk' started by kiddjason, Jun 16, 2003.

  1. kiddjason

    kiddjason Active Member

    I am at war with our local electric company about a final bill we had when we sold our home. The final bill came out to less than $200. Despite the fact that we had a forwarding address, kept the same phone number, and in fact opened another account with them, they never mentioned this final bill. Instead they let it sit around for some length of time then sent us to collection. The collection agency never even billed us, but did report it to the CRAs. We paid it off as soon as we found it on our CR as a requirement for a mortgage. Now I am fighting to have the TL removed. The OCs (Elect co) response is that we didn't provide them a new address, that it is a valid bill, and that the CA will update to "Paid Collection". I wrote back saying that was insufficient. Can anyone point me to where, if anywhere, in the FDCPA or FCRA an OC is required to do anything at all with a debt prior to turning it over to collection? Or where a CA is required to do anything prior to listing it on your CR? I am fully prepared to sue these jerks to get these off if they don't respond to my last assertive letter. Any advice is appreciated!!
     
  2. GEORGE

    GEORGE Well-Known Member

    I'm NOT a collection expert...BUT I would "THINK" that they would have to contact you to ask about the bill...

    They did have a new address, same phone #

    THEY NEVER TRIED TO COLLECT...THEY MUST TELL THE CA TO REMOVE IT!!!
     
  3. kiddjason

    kiddjason Active Member

    I would think so too George. I intend to make their lives hell on earth until they delete this. Thanks for the support.
     
  4. sassyinaz

    sassyinaz Well-Known Member

    The OCs (Elect co) response is that we didn't provide them a new address, that it is a valid bill, and that the CA will update to "Paid Collection". I wrote back saying that was insufficient. Can anyone point me to where, if anywhere, in the FDCPA or FCRA an OC is required to do anything at all with a debt prior to turning it over to collection? Or where a CA is required to do anything prior to listing it on your CR? I am fully prepared to sue these jerks to get these off if they don't respond to my last assertive letter. Any advice is appreciated!!

    There's NOTHING, Jason, unfortunately, unless your state laws provide for notification before reporting (like California).

    Utilities are a different ball of wax because they are exempted from the FCBA, grrrrrrrrrrrr to that too.

    However, they should have a state commission with policies and procedures AND your state's AG can make noise for you under the consumer protection statutes and unfair trade and business practices act.

    It's outrageous, eh?

    Sassy
     
  5. kiddjason

    kiddjason Active Member

    Its awful that they should be exempt from any kind of consumer protection laws. After all, isn't it enough of an advantage to be a monopoly without having immunity to trample people's rights? You're right grrrr!!!
     

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