Example: Notice is received by an Assigned CA, you send DVL CMRRR to that CA then once you get the green card back you want to verify with the CRA, but the assigned CA isn't on your report, their client (the JDB) is... So, you ask for the CRA to verify that JDB tradeline and it comes back verified but you never get any response back from the assigned debt collector where you requested proper validation. who is responsible for this violation of continued collection activity... Who is responsible and liable for NOT updating your credit report marked as "disputed" under: FCRA § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (a)(3) â?? Duty to provide notice of dispute. I guess what i'm getting at is: Are CA's not doing their jobs and NOT contacting their "client" to let them know a dispute is going on or in creating violations on their own make BOTH the CA and their Client legally liable or is it just one of them? Same goes for PFD and Non-disclosures. If an assigned CA agreed to this but they are NOT reporting anyways, what is the point? Is it because they are assigned to the account they can make the PFD decision and remove the tradeline FOR the client they are collecting for??? I'm not having any luck with PFD or PFND even on really really old debts that would fall off in 9 months or less even at offering full amounts.... (insane i know)
Under the FCRA, the DF doesn't change because the OC assigns a CA. You can have reports from the OC, JDB, and assigned CA at the same time.
I'm aware they can all be on the reports. But when the Assigned CA is not yet on my reports but their "client" is.. isn't it their responsibility to let their client know to mark the account as disputed? I'm in a situation where the Assigned CA is a powerless idiot (shocking!) He's racking up violations and i want to know if i can include the JDB client in an intent to sue letter to try to get them to go for a PFD.... Also, can the assigned CA even legally sign the paper stating they will remove any and all information in regards to this debt (even if the JDB and OC are reporting). I don't see how they can remove entries they don't "own" ..... i don't want to waste time asking and sending CMRRR letters to a company that can't get what i want done... Example. OC only refers me to speak with JDB. JDB will not talk to me and tells me to speak with the Assigned CA. The Assigned CA is not reporting and asking them to remove JDB and/or OC tradelines in a PFD is going no where because it seems like that power is out off their hands. So what now?
The assigned CA can't 'force' their client to do anything. Each party is entirely responsible for their own actions, which is why you want to make sure that paper-trails are with the companies which are actually reporting. With a JDB as the CA's client, the JDB has their own FDCPA responsibilities, separate from those of their assigned CA. Which includes them themselves providing the FDCPA requisite notices. (Which most buy and assign JDB's are non-compliant in.) If I were in *THAT* situation, I would serve the CA for their suit - for THEIR VIOLATIONS, and separately sue the JDB for violating the requisite notice provisions of the FDCPA. They can't again, no one can stipulate in an agreement that they agree that someone else would do xyz, unless their contractual agreement gives them the right to tell them what to do in respect to that matter (which more than likely, it doesn't).
