I have a collection account with IC Systems-they are collecting a debt that cannot possibly be correct. Basically, it's for a savings account back in 99/00. The bank is claiming I overdrew the account $200 and turned it over to IC Systems. Pretty impossible considering I had NO automatic debits or withdrawels for this account and every deposit I made was in cash. Anyway- I've been going back and forth with IC Systems trying to get validation of the debt. Their first reponse was a dunning letter in lieu of a copy of the fax they rec'd from the bank requiring my signature so that they could provide documentation. Sent them an ITS and they then sent me a copy of the application I signed when I opened the account and then another dunning letter, saying the amount was immediately due. I decided to file a BBB complaint against IC Systems. Still leary to file a suit before getting all of the facts straight. Today, I receive in the mail a letter from the bank. It's cc'd to me but actually addressed to IC Systems. Apparently, IC Systems called them (the bank)on 3/20 after they got my complaint from the BBB. They must have wanted to try to get the itemized statement I was demanding. Now, the bank says, and I quote: "Due to the privacy act that has passed, The XXX Nat'l bank and Trust is unable to supply personal private information to an outside party without the signed written consent of the customer. To date we have not rec'd the documentation needed releasing copies of statements, checks, etc to IC Systems. The request would have to come directly from the consumer and must be very specific as to which documents are to be provided and to whom. Ms Smontoya5 may contact us directly at 123 Main St XXX IL or fax us at XXX-123-5555 to obtain this information. We will be happy to comply with this request once authorization has been rec'd". WTF?They can turn over my name, address, SS# and old account # to IC Systems for a debt but can't send me the PROOF that this account exists without me spelling out exactly what statements I need? So IC Systems can keep verifying this debt with the CRAs when they don't have proof? Am I missing something here? ALL of my validation requests have my signature and do spell out that I want an itemized statement, what the hell? Are they just stalling?
Sounds like the CA can't validate. Explain the facts of life to them in your cease and desist letter.
I don't care if they keep contacting me- they haven't called but they do send little love notes from time to time. What I *do* care about is the fact that I cannot get this off of my reports. I have managed to have it deleted from EQ, but EX and TU are still reporting. This whole thing just makes me so aggravated. I am seriously considering making this whole ordeal my first ever small claims suit.
Just a suggestion. If the CA knew you had the copy form the OC not allowing them to validate it would seem like a no brainer for them to remove but then it would take a brain to realize they are in trouble in the 1st place.
Sounds like time to send that bank letter to the CRA's stating that's in response to your attempts to validate. Sounds like IC doesn't have a business relationship with the bank. I would also request procedural evidence of their verification process. I am not a betting man, but I give 10 to 1 odds that the CRA deletes when presented with this info and a demand for proof of their investigation!
This whole thing is just strange... OC can assign a debt to a CA. The CA is the one reporting on my cr's so I sent the validation requests to them. Now, OC claims that CA can't validate the debt because I need to deal with them directly due to "privacy concerns". Then why did they turn this over to a CA in the first place? Does anyone know- if I sue IC Systems for 1- continuing to attempt to collect a debt before providing full validation. 2-verifiying this account with the CRAs before providing full validation. CAN they turn around and say "hey-we wanted to give her what she needed but she refused to tell the bank (OC) exactly what she wanted?". I was up all night going through old posts and can't seem to find this anywhere.
I can't see in the FCRA or FDCPA where it states we must help them validate... I say send them an Estoppel letter and verify with the CRA's, citing the information discussed here. I also say sue the crap out of them.
Alright, here's what I plan to do: 1- File suit against IC Systems this week. They committed the violations knowing the had impartial validation- did not matter if I had to request the docs from the OC directly or not. 2- Ask for a procedural request from TU and EX regarding this TL. It was just verified by both last month. Include my recent communications from the OC. I've been reading all the old Lizardking, Marie and PsychDoc "lawsuit" posts- it seems pretty simple. Am I missing something here?
Sounds like a plan to me. I would do the same thing. I have done the same thing. I wouldn't take this to court if they're willing to settle though. Be sure to leverage the doc from the bank against the CRA.
I thought on medical debts we were working with the HIPPA or something. Definately check with Whychat or others familiar with med debt before threatening to file suit. Good luck!
If IC cannot validate then they must be put on notice to cease collection of the debt, they should also be told in very clear terms that if any information has been reported to any CRA's they are to remove such immediately. I would then write the bank a stongly worded letter about the illegal actions of their agent and for the bank to cease collection on the unvalidated debt immediately. Their failure to stop the illegal actions of their agent or there persistance on collecting on an unvalidated debt will leave you no other recourse but to file legal suit without delay. That usually works for me and for those it doesn't "Like AT&T Wireless", they soon learn their lesson when they get served and have to pay in the end. Tac
1*Does anyone know- if I sue IC Systems for 1- continuing to attempt to collect a debt before providing full validation. 2-verifiying this account with the CRAs before providing full validation. 2*CAN they turn around and say "hey-we wanted to give her what she needed but she refused to tell the bank (OC) exactly what she wanted?". 3*I was up all night going through old posts and can't seem to find this anywhere. ****** smontoya5 | 385 posts **************** ====================================== 1*That's 2 violations. 2*no:The Ca has to get the Validation from the OC.FDCPA Requires the CA to obtain the info from the OC then forward it to you. It does not require you to seek anything from the OC. 3*Here it is a* send validation letter b*30 days later send estoppel if not validated c*15 says later send ITS if not validated, removed or corrected. The END ************************* LB 59
If the bank cannot legally do business with their own collection agent then they shouldn't be using an outside collection agency to do their work. Why would you deal with the bank when it is clearly in their agent's hands and it is the agent's responsibility to validate the debt to you. I would do as I stated in my previous post and put them on very strict notice. Tac
Thanks everyone...I'm working on a modified ITS demanding immediate removal from my CRs. If not, I file suit.
1*Their first response was a dunning letter in lieu of a copy of the fax they rec'd from the bank requiring my signature so that they could provide documentation. 2*Due to the privacy act that has passed, The XXX Nat'l bank and Trust is unable to supply personal private information to an outside party without the signed written consent of the customer. smontoya5 =============== 1*You don't need to sign this. The CA obtained all rights to the account including all the information when they purchased it from the bank. There is no need for you to give the bank permission to release anything to the CA as the CA already has this authority! 2*They sold it to the CA. The bank don't need your consent because at this point you are not the banks customer and the CA is not an outside party.
1*To date we have not rec'd the documentation needed releasing copies of statements, checks, etc. to IC Systems. 2*The request would have to come directly from the consumer and must be very specific as to which documents are to be provided and to whom. 3*We will be happy to comply with this request once authorization has been rec'd". 4*They can turn over my name, address, SS# and old account # to IC Systems for a debt but can't send me the PROOF that this account exists without me spelling out exactly what statements I need? 5*So IC Systems can keep verifying this debt with the CRAs when they don't have proof? 6*Am I missing something here? Are they just stalling? I want an itemized statement,. smontoya5 ================= 1*Tain't so: They got this authorization when they sold the account to the CA! 2*But you aren't the banks customer and as such you don't have the authority to authorize anything. You didn't request anything from the bank. This is a violation of the fdcpa.The CA has to do the validation. Not the bank and certainly not you. Get this the bank wants you a non customer to give them permission to release information to the CA on an account you don't have with them for an account they don't own. 3*As I said they got this when the account was sold. 4*It's all smoke and mirrors to confuse you so you can't see the lawn for the grass. 5*Unless you stop them. 6* I think you are. Stalling ain't the word for it. You don't want a statement - you want failure to validate and violations. Note: Caution don't sign any thing or be specific or you just may fall for their trick and validate it yourself. The END ************************* LB 59
1*The ca needs the documentation so they can hang you with it Tha ca can't get it from the bank because the bank won't give it to them without your signature. The solution is Simple : Don't sign anything.
1*They must have wanted to try to get the itemized statement I was demanding. 2* I don't care if they keep contacting me- they haven't called but they do send little love notes from time to time. smontoya5 ================== 1*Why do you want them to prove you're guilty? 2*IMPORTANT:Are the notes asking for payment? The END ************************* LB 59
