OC Sold to CA during dispute!

Discussion in 'Credit Talk' started by tonyd, Oct 24, 2003.

  1. tonyd

    tonyd Well-Known Member

    I had ******* service with a HUGE company (no clarification here due to snoopers!) but this is not a bank card or repo or anything like that. I basically cxld something that was B4 the date it should have been cxld, however the company made the decision based on my poor service. My drawback is that I did not get the rep's name nor anything in writing.

    They would call from time to time trying to collect, and lately since I've been cleaning up my credit, I thought I'd nip this one in the bud B4 it goes to the CRA's. The bottom line is that I sent a C&D letter explaining what happened, etc and that I was disputing this debt, though I didn't ask for validation. I gave them 30 days to satisfy the situation. They rcvd the letter on Oct 3, (green gard proof!) and I rcvd another collection phone call on Oct 9, and they kindly left me a nice message. Mind you this is all from the OC, collections dept. I saved the VM and recorded it with the date and time stamp. :) See if that comes in handy later!

    So, just today I get a letter from a CA dated Oct 21 saying the account has "been placed with us for collection blah blah blah etc etc yadda yadda yadda." Is there any violation here? Am I missing something? I am thinking the phone call may be a violation due my dispute, and the turn over to a CA during dispute, but I need advice. Any thoughts?
     
  2. jam237

    jam237 Well-Known Member

    TonyD,

    would the account be considered a type of an open account -- similar to a cc (even though it isn't one), or utility.

    if it would be considered an open account, the fcba would come into play, if not, then anything can happen, remember oc's do not have to comply with validation requests, or any other provision of the fdcpa.

    but remember, under the fdcpa, a straight cease & desist letter could force a ca into sueing you sooner, than later, since they would have no choice but to escalate it into a suit in order to collect.

    requesting complete validation with the ca, and requesting that they cease any communications except for written communications, no phone calls, third party communications, etc. would be what you want to do now.
     
  3. tonyd

    tonyd Well-Known Member

    I can say that it was internet service...
     
  4. aletes

    aletes Well-Known Member

    Duplicate post.
     
  5. jam237

    jam237 Well-Known Member

    was it a writen contract based on one of those prebate offers "Sign up for 4 years of dumbbell internet service, and receive $200 off"
     
  6. tonyd

    tonyd Well-Known Member

    yeah it was, and their rep authorized cancelling it early but I never got confirmation from them, and now they deny it! F#@*#%S! I am gonna send a dispute/limited C&D letter I think.
     

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