Question - Can a CA post an collect

Discussion in 'Credit Talk' started by dt, Nov 16, 2001.

  1. dt

    dt Member

    Hello everyone,

    This is my first post and I have a question. I have several paid collections from collection agencies from 1995/1996 reported on my credit reports. However, I paid all of the accounts directly to the original creditor who accepted the money. Obviously this was done before I knew better! Anyway, is it legal for a collection agency to post a negative entry for these accounts? I never had any dealings with them, only with the original creditor?

    Thanks in advance,
  2. Debmac

    Debmac Well-Known Member

    I'd think that if you had either the cancelled checks (or can get photocopies), or something in writing that said these accounts are paid off (maybe the original creditors can send you something in the mail?) you'd have a good start to challenge the collection agencies....

    You may want to validate these paid accounts with letters....

    Deb @ Mich St
  3. dt

    dt Member

    Thanks Deb,

    I paid these bills via electronic bill pay system and have requested the supporting documentation.

    In the meantime I have sent in validation letters (about two weeks ago) and am waiting for the results.

    Once I have the supporting documentation, how should I argue my case with the collection agencies?

    I really appreciate your help!

  4. bbauer

    bbauer Banned

    Don't ever argue with a collection agency. That's about like trying to argue with an army mule about who is going to pull the cannon. The only way to get the job done is to turn the cannon on the mule and see if he gets the hint. If he don't then pull the damned trigger and be done with it. When dealing with an army mule collection agency, always be sure that your trigger is shaped like a lawyer.

    Now then, let's get more to the point. What you need to do instead of argueing with them about it is to demand a validation. They make the accusation, make them prove it. It's your right to do so, so do it. Don't even talk to them about it, just demand a validation of their claims in writing.

    Argueing with credit bureaus and collection agencies is little better than getting yourself involved in all the flame wars most of us hate so much here on credit net.

    That's my personal opinion, and I guess I'm entitled to have one, good - bad - indifferent or whatever, that's my personal opinion.
  5. tom65432

    tom65432 Well-Known Member

    Just a thought. It is likely the original creditor sent the account to a CA with an agreement saying the original creditor would not collect - it was the CA's account to collect on. When you paid the original creditor, I suspect they sent the payment to the CA (per their agreement). Now the CA sees that as the same as you paying them. Right or wrong, I suspect this is what happened.

    The validation to the collection agency is the right way to go. It is doubtful they will validate on an account this old, especially one that is paid.
  6. bbauer

    bbauer Banned

    If the account is paid in full then the concept of validation as per FDCPA does not apply. That does not mean that one cannot or should not demand validation. After all, the collection agency might turn out to be too ingnorant of the law to realize that he is under no opligation to validate.

    But if push came to shove, you could end up having to force him to prove the debt in a court of law. Most folks would not have the stomach to go for that.

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