Got 'em - but wait longer?

Discussion in 'Credit Talk' started by NextLevel, Mar 21, 2003.

  1. NextLevel

    NextLevel Well-Known Member

    I validated RMA on 3/1, received RR on 3/8.

    Nothing received.

    Yesterday, they sent offer to settle for 1/2 for Providian Visa.

    ?: I know I got them on a violation for continuing debt collection activity during validation

    ?: I know that they probably won't validate either.

    ?: They never have put a dispute notice on my CR


    Shall I wait for them to accrue more violations and then pursue for deletion? Isn't this risky as a CA who only has assigned -- and not purchased, a debt won't do a deletion? This doesn't impact the OC in this case, correct?

    TIA
     
  2. QUEEN_BEE

    QUEEN_BEE Well-Known Member

    I have read on this board that the OC is responsible for the actions of the CA they hire.
     
  3. bbauer

    bbauer Banned

    One violation is never enough to be sure of a kill.
     
  4. QUEEN_BEE

    QUEEN_BEE Well-Known Member

    Amen. What other violations can we expect?
     
  5. QUEEN_BEE

    QUEEN_BEE Well-Known Member

    Are they on your Equifax report?
     
  6. four20nik

    four20nik Well-Known Member

    Also, in some states, like TX, for instance, the OC has the same responsibility and accountability for FDCPA rules...OC and CA are one and the same when it comes to validation, etc.
     
  7. jlynn

    jlynn Well-Known Member

    Re: Re: Got 'em - but wait longer?

    Where did you see that? I've read Chap 392 and TX has debt collectors AND 3rd party debt collectors. OC's can't harass, etc. but for disputing I'm reading as only 3P debt collectors.

    Am I missing something?
     
  8. four20nik

    four20nik Well-Known Member

    Re: Re: Got 'em - but wait longer?

    (7) "Third-party debt collector" means a debt collector, as defined by 15 U.S.C. Section 1692a(6), but does not include an attorney collecting a debt as an attorney on behalf of and in the name of a client unless the attorney has nonattorney employees who:

    (A) are regularly engaged to solicit debts for collection; or

    (B) regularly make contact with debtors for the purpose of collection or adjustment of debts

    I think I misinterpretted this part...I was looking at
    " UNLESS the attorney has nonattorney employees...

    Original thinking was that there are peeons who aren't lawyers who work in these offices of the oc's who fall under A and B subsections.

    See what I get for thinking?
     
  9. bbauer

    bbauer Banned

    Re: Re: Got 'em - but wait longer?

    GLBA specifically changed that and states that attorneys are 3rd party debt collectors in most cases.
     
  10. four20nik

    four20nik Well-Known Member

    Re: Re: Got 'em - but wait longer?

    Dumb question of the day...GLBA?

    Where can I find the info stating, this, Bill?
     
  11. jason_l

    jason_l Well-Known Member

  12. jason_l

    jason_l Well-Known Member

  13. WranglerTJ

    WranglerTJ Well-Known Member

    Re: Re: Got 'em - but wait longer?

    Funny coincidence, I did the exact same thing, sent an initial validation letter to RMA and recieved a second collection letter today. My only problem is that I didn't send my first letter CMRRR. plus I got a phone call today.Now I'm pretty much up the creek.
     
  14. bbauer

    bbauer Banned

    Re: Re: Got 'em - but wait longer?

     

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