First Validation Letter, CA Responded quick....Next steps?

Discussion in 'Credit Talk' started by dwmchef, May 16, 2013.

  1. dwmchef

    dwmchef Member

    Back in 2009 I was signed up for a diaper service for my newborn twins. After we stopped using the service, the diaper service tried to say that we did not return 125 diapers. At $2.00 a diaper, they said I owed them $250.00. I recently noticed on my credit report that it has been transferred to Capital Credit and Collections in the amount of $421.58. I sent a debt validation letter to the Collections Agency. In response I recieved a letter with these numbers listed.

    AMOUNT: 316.00
    INTEREST: 105.58
    MISC: 0.00
    Total: 412.58

    Also enclosed in the letter was what looked like a quickbooks printout showing the payments the person who signed us up for the service had made. Behind that was what looked like a printout of a diaper inventory system. At the Bottom of which was written 125 diapers short. 2.00 per diaper = $250.00.

    I do not remember signing any contract with them, and if I had, they did not include a copy of that in the validation. I also clearly remember calling the diaper service when they first said I owed them that much money, and telling them that all diapers had been returned and I would not pay them for missing diapers.

    Collections agency is Capital Credit and Collections. State of Oregon SOL is 6 years.

    Do I have any recourse? Or must I pay the debt? What is the next step? Dispute with CRA?

  2. dwmchef

    dwmchef Member

    Also things to note. My name is listed on the diaper companies statements, but nowhere is an address listed.

    Nowhere did they provide proof that they are authorized to collect the debt.

    The exact wording of the letter....

    14 May 2013

    My Address
    My acct number

    AMOUNT: 316.00
    INTEREST: 105.58
    MISC: 0.00
    Total: 412.58

    Enclosed is the documentation you requested. The amound due to settle this claim is $421.58

    We are attempting to collect a debt and any information obtained will be used for that purpose. Your cooperation and remittance will be appreciated. We report all accounts assigned to us to certain major credit reporting agencies.

    Please call Susan at xxx-xxx-xxxx
  3. mindcrime

    mindcrime Well-Known Member

    15USC 1692g (section 809 of the FDCPA):

    (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

    (1) the amount of the debt;

    (2) the name of the creditor to whom the debt is owed;

    (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

    (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

    (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

    Did all this occur with 5 days of their receipt of your DVL since it does not appear that they contacted you first in this matter?

    Poor reviews online too.... Tidee-Didee Diaper Service - Lents - Portland, OR
  4. dwmchef

    dwmchef Member

    I received their letter the day after I received the green card. It contained items 1&2 but not the rest. It is also possible that they contacted me earlier this year with this information, but I don't remember seeing a letter from them before I saw it on my credit report. I also read the reviews online about Tidee Didee and it sounds like they pull this "Missing Diaper" scam on everybody.

    Next steps?
  5. Logan Abbott

    Logan Abbott Well-Known Member

    First, I would contact the BBB if you think they're pulling a scam.

    Second, unfortunately after a CA validates a debt than it's unlikely to go anywhere. I wouldn't just pay this debt though, I would attempt a Pay-for-Delete to get this off your credit report.

    This one won't fall off your report for another 3 years - you weren't contacted about this debt until you sent your DV letter, right?
  6. dwmchef

    dwmchef Member

    Other reviewers on the web both through yelp and a few other sites said that Tidee Didee always attempted to charge for differing amounts of "unreturned" diapers once the customer closed their account. My question is more about whether the CA's validation qualifies, and if I should send the CA another letter making sure that they understand this debt is still being disputed. As far as I know, the CA received the account in January, but I never received any mail or calls.
  7. mindcrime

    mindcrime Well-Known Member

    I suggest contacting the BBB, your state AG, their state AG, and CFPB. What they sent isn't validation IMO. They need to prove you did not return the product....I realize this is 4 years ago..but did you keep any documentation like tracking numbers? IDK if UPS/FedEx goes back that far even, but any proof you can get your hands on would be helpful....and if you're finding numerous sitings about them pulling the same issue, I'd include references to them in your complaints to all of these agencies. There's no guarantee....but the more exposure you get the better your chances are at making them go away.

    PFD is an option like Jason suggested, but I suggest running out every other possible option first. To just 'pay them' is wrong.
  8. jam237

    jam237 Well-Known Member

    I would tell the CA, that the account has been disputed in its entirity, and if they continue in this matter I will include them in my suit against Tidee Didee.

    Especially if I have a copy of the original dispute letter.

    Then I would sue Tidee Didee for the amount of the alleged debt as 'fraud', and the CA for misrepresenting the amount, character, and legal status of the debt, for $1,000.
  9. dwmchef

    dwmchef Member

    Thanks everyone for your help. About to send off round 2...

    Date : 5/17/13

    Capital Credit & Collections
    10200 SW Eastridge St
    Ste 201
    Portland, OR 97225


    Acct: 627891

    Dear Sir/Madam:

    I am writing in response to your “validation” of my debt. I appreciate your prompt response to my request, however after looking over your records, I do not believe I owe what you say I owe. I am disputing this debt in its entirety.

    When we decided to cancel the diaper service with Tidee Didee, we returned all diapers that had been delivered to us. They were picked up in late September, 2009, by Tidee Didee’s delivery drivers.


    James Young
  10. dwmchef

    dwmchef Member

    Sent the letter to the Collections Agency and hadn't heard anything back. Gave it a week, and then disputed with all 3 CRA. Got my first investigation results from Equifax stating that

    We have researched the collection account. Account # - 627891 The results are: We verified that this
    item belongs to you. Additional information has been provided from the original source regarding this item. If you
    have additional questions about this item please contact: Capital Credit & Collect, 10200 SW Eastridge St, Ste
    201, Portland OR 97225-5029 Phone: (503) 297-4488

    Next step? ITS Letter? Or screw the letter and just sue?

    Thanks for all your help guys. Had my first inquiries removed from my credit report and it's awesome to finally see some return on the hard work I've been putting in.
  11. mindcrime

    mindcrime Well-Known Member

    So you have a 807 (2)(A) violation The false representation of the character, amount, or legal status of any debt;

    and 809(b) continued collection activity. This debt is relatively small at <$500 and they could face up to a $1k liability for violating the FDCPA.

    and 623 (a)(1) as well:
    (A) Reporting information with actual knowledge of errors. A person shall not
    furnish any information relating to a consumer to any consumer reporting
    agency if the person knows or has reasonable cause to believe that the
    information is inaccurate.
    (B) Reporting information after notice and confirmation of errors. A person shall
    not furnish information relating to a consumer to any consumer reporting
    agency if
    (i) the person has been notified by the consumer, at the address specified by
    the person for such notices, that specific information is inaccurate; and
    (ii) the information is, in fact, inaccurate.

    ...although the civil liabilities do not apply to this, (thank you to Jam for pointing this out to me, as I didn't realize that prior)'s doubtful the CA knows it, and I personally have used that provision in prior ITS's and never questioned on it.

    I would suggest following through with the ITS first. You want to be able to show the judge that you made every effort possible to get the CA to comply.

    Congrats on the inquiries removal, it's a lot tougher these days to get them gone then it was back in the day.

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