Im new, so forgive me if this was asked before. What EXACTLY DO collection agency need to provide as proof of debt validation and verification?? This was a debt that was already paid and the landlord was sloppy with paper work and sent this to the collection agency TWO (2) YEARS after i had moved. I disputed a debt and they sent me a copy of my rental contract, and a old bill, and a computer generated cost break down from their office. Thats it. I spoke with the old landlord even before they sent this stuff i told him i paid this over 2 years ago and had a copy of my check that HE cashed and he said he would contact them. I thought the collection agency would provide at least basic 2 things, 1) Proof they have AUTHORITY to collect on his behalf, assignment letter etc..How does one know that even if they PAID this debt to them, that they have a right to collect on this persons behalf??? 2) a payment history, and something showing they contacted the old landlord. They said this was settled and closed. but they STILL REPORTED IT on my credit report as a disputed debt, lowered my score and made me lose a loan , 3 months later!! what can i do about this??
This was sent to collection 2 years after you paid, and you have the check? Did he "sell" the paid debt, or did he assign it to them to collect? (Does he still "own" the debt?) Was the amount paid to the landlord within a reasonable period after he submitted it for payment?
This was sent to collection 2 years after you paid, and you have the check? Did he "sell" the paid debt, or did he assign it to them to collect? (Does he still "own" the debt?) Was the amount paid to the landlord within a reasonable period after he submitted it for payment? QUESTION:This was sent to collection 2 years after you paid, and you have the check? ANSWER: Yes i have the 'paid canceled check' I got it from my bank. It shows it cleard and it had the landlords signature on it. QUESTION: Did he "sell" the paid debt, or did he assign it to them to collect? ANSWER: I ASSUMED he 'ASSIGNED' it to them(collection agency) I NEVER got proper validation on that cause thats one of my questions if a collection company sends 'validation' can i not ask to see if it was ACTUALLY assigned to them? how do you know if you are TRUELY suppose to pay them EVEN if it was a legit debt??, it was just sloppy paper work on the part of the landlord , cause i did pay it 2 yrs ago. QUESTION: Was the amount paid to the landlord within a reasonable period after he submitted it for payment? ANSWER: yes the landlord was paid within a 2 weeks of him sending me a bill 2 years ago. It was only that long because of the mail. any help or insight you give would be helpful. Thanks. oh and by the way, it was a cleaning bill.
Since you did in fact pay the landlord, and have the processed check to prove it, stick to that. The landlord sent a paid bill to collection, and the CA is attempting to collect on it. The CA's TL on your CR is thus erroneous, whether marked "paid collection" or not. Whatever they claim, they are quite capable of correcting their errors. Assignment, or outright sale, is irrelevant. You already know they are both sloppy. You would have no more legal obligation to pay an already paid debt whether they produce an assignment or even a sale document, or not. Send 2 letters, CRRR: One to your landlord, notifying him that CA xxx is attempting to collect on his bill, which you already paid on xx-xx-xx, that you spoke to him on xx-xx-xx, and he promised to contact them, and that the CA is still reporting the erroneous damaging TL on your CR. Include a copy of your check to him. Include that his error has resulted in a rejection of a loan application. Demand that he completely remove the CA's TL within 10 days. Second, to the CA, notifying them that they are attempting to collect on a bill that was already paid to the landlord on xx-xx-xx, that they are erroneously listing it as a paid collection, when it was paid when submitted before collection, Include a copy of your check to him. Include that this error has resulted in a rejection of a loan application. Demand that they completely remove the CA's TL within 10 days. 10 days after your RR card indicates they have received your letters, dispute thru the CRA's showing this TL. (Check all your reports, to make sure you are not missing one.) If the CRA dispute comes back "verified", proceed to suit against both. The CA now has liability for erroneously reporting. Since by this time you can also show damages, and negligence, you may want to run this by an attorney.
Since this involves collection of deposits or cleaning fees, it might also be covered under your state laws affecting renting. Often, states have laws that require that landlords send written notice of claims against deposits in a timely manner following moving out, or the bill is invalid. Your landlord did this, and you paid, but he tried to collect a second time, and then falsely reported a negative credit item on an account he erroneously, and illegally, tried to collect. This may be an unfair business practice under state laws of this type, which might make it under the regulatory domain of your local DA. There may be penalties, and you could put additional pressure on him by a complaint to your local DA.
Did the CA pull your reports? Their PP ended when you paid, before they even got the account. Let them argue they made an honest error, when they are still claiming it is a "paid collection". Also, see if after they marked it as "paid collection", they pull your reports again in response to your dispute.
thanks for response, Im sure they pulled my report, it was listed on my credit report as a collection in dispute even in July when it was closed in April! Im going after them they COST ME MONEY and im upset especially when they DENY ever reporting it!!
The CRAs don't have ESP. That is why after disputing, CRRR, with the CA (and the OC), you follow up with a dispute ("paid on time to original creditor before collection") thru the CRA after your green cards show they have received your dispute. Their "verification" to the CRA is your confirmation that they did, in fact, place it on your reports. That was their chance to remove it with no liability.
