What type of membership? It sounds like they are a debt collector, unless they can prove otherwise. Since their status as debt collector gives you the most rights, such as under FDCPA and corresponding state laws, treat them as such.
A membership that could be legally voided for certain medical conditions; however, none of them apply to me. Ok, well I guess I'll move on to my next letter for validation after 30 days, which will be this weekend. Now, should I point out the violations to get some action out of them or should I continue to let them pile up for leverage later? Thanks for you help Ontrack!
Is this some health club membership, but you have in effect borrowed the yearly fees, and are paying it back monthly?
Just reading this, I had something like this. I had an account that showed up on my credit report about 2 years after it was paid, so I disputed it. within a few days I was notified that the original creditor verfied the account, and within a few weeks I had nasty phone calls and letters demanding payment for this. I explained it had been paid (this was paid 6 years ago at the time) and was searching for my records that I in fact had paid it. The CA claimed that was what they always heard and I had better make a payment in full or risk further action. I never did hear from them again after that call when I told them they could take me to court if they wanted to, because I was not paying it again. Meanwhile the SOL ran out, and I no longer see anything on my report in regards to the account or the CA and I have yet to get a call or letter for anything else. Just goes to prove that once you try to verify the debt through the CRA, the collection can start at that instant in what almost seems a retaliatory practice.
Disputing thru the CRA only results in the CRA contacting the CA and asking them if their report is accurate. If the CA verifies (which is not a verification by the CA with the OC), then the item stays. If you have only disputed thru the CRA, the CA is free to pursue collection whether they verify or not. The first letter from the CA should have included your right to dispute the debt, and request verification and the name and address of the original creditor, and that if you didn't dispute within 30 days, they would consider the debt valid. Requesting validation from the CA directly, timely within 30 days of receiving their first contact letter, is what should legally put their collection efforts on hold until they can provide you validation obtained directly from the original creditor.
