OC Switched CA's on me after Valida

Foolsmate,

Look in the sample letter forum for "subsequent ca strategy letter" it fits the bill for your case. Be sure and send a copy to the OC advising you will hold them liable for the actions of their CA's.

Now, there is no case law on the liable part, but you can search around the FTC site for "American Family Publishers". There is a consent agreement with them for the illegal actions of their CAs. When I sent this letter to the OC, I used blurbs from this site to make my point.

Also, if you live in TX, its in the statutes!

 

When/if you get your validation, it's going to say you owe the $35 plus about eight or nine months worth of late charges that total the $444.

You say you owe them money, and that you're willing to pay. The only real issue here is that you don't think it's fair that you're being charged so much in late charges on a debt that's so small.

I agree on that. I don't think it's fair either.

At the same time, I'd be asking myself how much trouble this is worth? You're angry, your wife is upset, and you feel like you're being treated like criminals.

These people are not going to take $35 and make the debt go away. You and I might think that's reasonable, but it's not going to happen. So your real choices are to pay the debt or not.

If you pay the debt, the question is how much. $35 is too little, won't help. $444 is too much, you don't think that's fair. You could negotiate something in between, you credit is strong enough that you will still probably be able to get whatever credit you need, even if you end up doing a settlement.

If you decide not to pay the debt, then you have choices on how to deal with the collectors. These choices include:

1) Ignoring it. Hanging up when they call, maybe changing your phone number to an unlisted number.

2) A cease and desist letter, they will not call again.

3) The Bill Bauer solution, catching them in an FDCPA violation, and using that as blackmail to make the debt go away.

Personally, I don't think any of these strategies are advanced by a validation letter. You already know how the balance got to $444, so it's not going to help you if you decide to pay it. If you want to avoid paying it, then it only helps you if your strategy is to draw it out until the statute of limitations expires, and that's years from now. If you want to catch them in an FDCPA violation and they really are the Nazis you claim, then your best bet is to talk to them on the phone, and be prepared to document the violation when it happens.

If it were me, I'd be asking myself how much my time is worth, and I'd let that guide my decision.

 

Originally posted by foolsmate2
Thanks Jlynn. I have a few additional questions though. Why would this second CA care about continued collection activity? If anything shoudn't I try to scare/deal with the OC?
Collection activity has to cease until the debt is validated. Sinces the 1st CA couldn't, you are sendig this letter to the second, along with a copy to the OC. Basically you are saying, I'm not taking your bs any longer.

I don't think the 2nd CA gives a rat's a$$ how many different people have tried to collect this debt. They just want THEIR money. How could they be liable for anything? Basically, the 1st CA was unable to collect and gave the account back to OC. At this point, OC gave it to someone else to try. Is this legal for them to do? I guess I am unclear as to the absolute purpose of this letter to which you directed me. It seems like a val letter will do the same thing (as far as the 2nd OC is concerned). I just need a "subsequent strategy" to scare this OC. I'm just not sure in what violations to pursue, or if infact there are any.[/QUOTE]

The difference between this letter and the validation letter- This new letter lets this CA know, that the collection of this account was halted by your validation request to the 1st CA. They never provided it, you are still waiting for it, and this time you are dragging the OC down with them (litigous mindset here). If you send validation again, they can't validate, they send it back to the OC, who sends it out to someone else, the debt gets higher, and you have to start all over for a 3rd time. You are trying to stop it right here, right now.

This is why you are getting the OC involved this time. To shut them down.
Alot of the info that Butch provided with this letter was deleted when it was moved to the other forum, but I believe he discussed it again a couple of months ago. It might help you to search around for it. Butch was the author, and much clearer on the basics of how he wrote this letter.

OC does not have to provide validation to the CRA's. A simple "yep it matches our info" is all they need.

 

1*(Triadvantage stated I would have to go to the OC to find out.
2*Now, 2 months later we're getting calls from a new CA (ARS - American Recovery Services) who are like freakin' nazi's.
3*All I want to do is pay the principal and be done with it.
4*But after calling Citi on literally 5 occasions they always state the account has been sold and I must deal with the CA.
5*? Their reply is that the first one wasn't successful. Yeah, no kidding.
6*How many CA's am I gonna go through?
7*Is each one pulling my credit reports?
8*I don't understand how this is legal.
9-I would like to force the OC to deal with me. Somehow.
10*. I've asked for monthly statements from the OC on three occasions and have yet to receive them. I may go with that.
11*For the love of God, somebody help me please. All idea's welcome.
Foolsmate
===================
1* Triadvantage stated I would have to go to the OC to find out.
They are lying to you about this.The CA has to obtain validation not you.If you're going to get the proof from the OC and give it to the CA Why not just confess to the CA that the debt is yours ? SAME DIFFERENCE!
Send them the V L.Don't talk to them on the phone again.
2*Send ARS a VL also and don't talk to them on the phone either.
3*Why pay them anything when they haven't validated for you?
4*Then stop fooling with CITI.
5*That's not what happened.City did not Pull the account from Triadvantage and give it to ars.Here is what's going on:City sold the debt to Triadvantage.
Triadvantag was unable to collect on it from you so they sold it to ARS to get there money out of the debt.Now ARS is trying to collect on the debt from you to get their money back on the account.
6*No limit as to how many can do as in 5 above.
7*Probably. It's a way to poison your reports.
8*Anyboudy you have an account with can pull your reports is why it's legal.
9*Why do that when you have more power over the CAs?
You Can't deal with the OC after they have sold the account because they no longer own the debt.
10*Like I said before stop fooling with the OC. Why do you want to help the OC come up with the documents the CA needs to hang you with?
I don't think it's a smart idea to get the OC to gather up all the evidence the CA needs to hang you with and have it handy for them when the CA tries to validate do you?
THE END ** *** ** LB 59

 

Try reading the last entry in this post too.

http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=339289#post339289

 

What is going to make the OC address this on my credit report?
foolsmate2
==========
Here are some Ideas.

1*When we (Re CA) make the purchase or servicing transaction, we receive a power of attorney that gives us the inherit rights under the original cardholder agreement. We have the ability to "bind" the original creditor in certain situations. This gives us the right to settle an account and REQUIRE that the original creditor, such as Citibank, MBNA, Household etc. remove the original trade line and OURS.
WestCap
===========================

Someone was asking a while back about getting the oc to delete in addition to The CA.
Don't know who the poster was or on what thread they posted but here is your answer !

This gives us the right to settle an account and REQUIRE that the original creditor, such as Citibank, MBNA, Household etc. remove the original trade line and OURS.
------------------------------------------------------
2*When a CA Has racked up a few thousand in violations you offer to drop suit if the trade line listed by both the CA and the OC are deleted. When the CA has a a few thousand riding on the deletions it puts pressure on the CA to do some arm twisting on the OC.
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3*When the CA fails to validate the debt it has to be removed.
The OC is now reporting an un validated debt.

 

What is going to make the OC address this on my credit report?
foolsmate2
======================
Here are some Ideas on this!
1* When we (Re CA) make the purchase or servicing transaction, we receive a power of attorney that gives us the inherit rights under the original cardholder agreement. We have the ability to "bind" the original creditor in certain situations. This gives us the right to settle an account and REQUIRE that the original creditor, such as Citibank, MBNA, Household etc. remove the original trade line and OURS.
WestCap
===========================

Someone was asking a while back about getting the oc to delete in addition to The CA.
Don't know who the poster was or on what thread they posted but here is your answer!!

This gives us the right to settle an account and REQUIRE that the original creditor, such as Citibank, MBNA, Household etc. remove the original trade line and OURS.
---------------------------------------------------------------
2* Rack up violations on the CA and agree to drop suit in exchange for deletion of the listing by both the CA and the OC.
When the CA has a couple of thousand or more riding on deletion it puts pressure on the CA to do some arm twisting on the OC.
`````````````````````````````````````````
3*When the CA fails to validate it becomes an unproven debt when the OC continues to list it they are reporting an unsubstantiated debt which calls for removal.
end
^^^^^^^^^

 

They could just state that neither of the CA's ever asked them for this validation information. For that reason, they didn't report it as "in dispute" and they're not responsible for what a CA does as the debt is sold?
foolsmate2
===================
The fact still remains that the OC is reporting a disputed account that has not been validated.