Re: Need help with letter Agreed. I also downloaded a complaint form from ACA. They want me to tell them what the CA is in violation of; so far, the above that you mentioned. If they verify my dispute with the CRA then attempting to collect without validation. 2) Failure to mark in dispute as required by FCRA or FDCPA. So I think I have them on three items.. Any other thoughts?
Re: Need help with letter Ok...the one I posted, the state violations, and failure to mark in dispute? Do I have that right? On the ACA form...I thought you had to tell them which one of their codes they violated... and I believe its Rule 2: Professional Misconduct...this would be 2.01: knowing violating the US FDCPA and 2:02: knowingly violating federal and state laws pertaining to collection, 2.04: engage in conduct involving dishonesty, fraud, deceit, or misrepresentations, 2.06: to engage in dishonorable, unethical or unprofessional conduct of a character likely to deceive,defraud, or harm the public; and possibly 2.06: to knowingly represent they have an affiliation or are a member of an organization they don't..
Re: Re: Need help with letter Please help, NanaC! I just noticed a new collection account on Experian and TU from a CA called Surety Acceptance. I have heard NOTHING from them, and the dates are back in 2001. I though I had to tackle this through disputing/validating, but then I checked on the status of their license. Surety Acceptance is in AZ. I am in NV. Both states require a license to collect. Surety is listed as licensed on AZ's website, but NOT on NV's. So, does this mean they can't collect from me? Do I have to wait for them to try to collect, or can I do something about the fact that they're reporting? Do I possibly have leverage to make them remove this notation? Waiting with baited breath! Thanks.
Re: Re: Need help with letter Yes Mired, You do have leverage. I shall defer to Nana's expertise on the license issue, but I believe she's gonna tell you yeah, it's a violation. What I will tell you that posting to your report, without sending you the "5-day notice" as prescribed by FDCPA § 809, IS a violation. Posting to your CR is an "indirect communication". § 803. Definitions [15 USC 1692a] (2) The term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium. Wait awhile. Make sure the 5 "business days" expires before you do anything. You checked today, so by this time next week, and then say 3 more days for mail time, should clear it. If you get nothing, there's one. § 809. Validation of debts [15 USC 1692g] (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. k? .
Re: Re: Need help with letter Ooh, I'm so excited. In truth, it's possible we're already well past the 5-day rule, because it's been about three months since I checked all three bureaus. If I contact the two bureaus in question, would they be able/willing to tell me when this information was first posted? A new twist I'd love an opinion on...I spent last night trying to figure out what this collection was for...I SWEAR I have no recollection of the account. However, my brother is something of a deadbeat. His social security number is within one digit of mine, and his mail (which includes 2-3 collection notices daily) is currently forwarded to my address. Is there any chance they are reporting one of his collections as mine? What has to match for them to place information in a credit file? Our last names are different, but my maiden name does still list in my file...just a thought. Thanks again.
Re: Re: Re: Need help with letter Yes, this is a violation..checking on one thing and will post more in 1 sec..
Re: Re: Re: Need help with letter COLLECTION AGENCY (NRS & NAC 649): Physical office required in Nevada. License required for solicitation by telephone or mail to attempt to collect a debt in Nevada on behalf of a Nevada client. An out of Nevada Collection Agency attempting to collect into Nevada on behalf of an out of Nevada client is exempt from licensing, provided those activities are limited to interstate communication (ie: telephone, fax, or mail). Background investigation required on principal owning or acquiring control of company. A surety bond must be filed with the commissioner. The amount of the bond is between $25,000 and $50,000, determined by the amount of average monthly collections received by the agency. Trust accounts must be maintained in a Nevada Bank. All printed forms require prior approval by FID OK..see the part above about out-of-state collection agencies...here's what I'd do..I would find out by calling or emailing your NV licensing bureau..explain the situation and get a direct answer.... Check on the surety bond, as well!!! Detailed information on collection agency licensing requirements may be obtained from: State of Nevada Department of Business and Industry Financial Institutions Divisions 406 E. Second Street, Capitol Complex Carson City, Nevada 89710 (702) 687-4259 2501 E. Sahara Avenue, Suite 300 Las Vegas, Nevada 89104 (702) 486-4120 If this is a violation, should be a slam dunk! Please let us know what they tell you!
Re: Re: Re: Re: Need help with letter This is the part I'm confused about. If they can legally call, fax, or mail without a license, what CAN'T they do?? They HAVE NOT contacted me by telephone, fax, or mail. This thing just magically appeared on two reports. So, dare I believe that they are exempt from licensing if they call, fax, or mail me, but ARE NOT exempt if they contact me indirectly, such as by reporting on my credit report? Or does this just mean they can't show up on my doorstep? I'll call the state licensing folks tomorrow. If nothing else, the CA may not know they're exempt from licensing, so a stern, "You're not licensed in NV" letter might make them withdraw, mightn't it? Or am I just smokin' crack, here? Thanks much for the input; I'll post the results of my phone call tomorrow.
Re: Re: Re: Re: Need help with letter HMMM ... How can you "elicit" a communication from them Mire? ~ .
Re: Re: Re: Re: Need help with letter OK, so I called the NV licensing folks, and they have NEVER heard of Surety Acceptance...no license, no bond. So...is this a "make the bad collection account go away" type of offense, or is it (dare I hope) a "make the bad collection account go away and pay me damages" type of offense? I'll dig back in this post and find the appropriate "Shame on you" letter to send. Do I need to get some kind of proof from NV that the CA is not licensed, or do I just send a letter and the burdon of proof is on them? THANK YOU, THANK YOU, THANK YOU...if not for this post, I would have been going through much more time and efford to make this go away. One question...even if Surety removes their notation, is there anything stopping them from selling this debt to a CA that IS licensed in NV? I mean, this thing isn't going to go away for good this easily, is it?
Re: Re: Re: Re: Need help with letter Mire- I just had a BIG one go away with Nana's help. Just poofed today off EXP. Don't let the CA tell you that they don't need it licensing, etc; they always lie. And it depends on how you want to approach about violations/money, etc. I was content to have it disappear, even though I had FDCPA and FCRA as well as state violations. Only you can make that decision. Listen to everyone here. They are the best.
Re: Re: Re: Re: Need help with letter Don't forget you guy's. If you push your No License argument, they may drop the issue, but that doesn't stop them from forwarding to CA#2, (continued collection activity). Be sure to incorporate into your No L argument a full dispute of the debt. This should prevent continued collection activity. They may also send it back to the OC and then the OC goes to another CA. You'll may want to alert your OC that their CA is illegal, and demand they retract the file as "reported in error". This will trigger an auto-deletion of the CA's notations. There's only one way to make the underlying debt "go away". And that's to make it "go away". If the debt is legit. I'd send em $20 and tell em to sign off. The alternative is a suit. .
Re: Re: Re: Re: Need help with letter Update: According to the NV licensing folks, the funny wording of their licensing requirements means that an out of state CA can engage in pretty much any COLLECTION activity without getting a license. What they can't do is solicit business from OCs in Nevada. So, I am out of luck on that score. However, as I mentioned in a subsequent post, this turns out to be a medical collection that should have been either covered by my HMO or contractually discharged by my doctor. Either way, I should be in the clear, so I'll just let them duke it out. Thanks, anyway, for all the help. Hopefully this information can help other Nevada residents dealing with out of state CAs.
Re: Re: Re: Re: Need help with letter OK...wait...you said they are in AZ and they are licensed? Then, send validation and gather violations and then report them to their licensing bureau. Please call back and clarify..I read it that they may not need a license but do need a bond...is that not right? Here is why they won't want to forward to another CA...they don't want to get you more upset than you already are...you have violations on them...if they sell it to another ca..they have to know you would immediately report their illegal activity which doesn't go away just cuz they removed the neg and sold it..it was still illegal....it simply is not smart to anger someone who has proof of your illegal activity and is holding it near and dear!!! LOL
