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POMF
Joined: 01 Sep 2009
POMF's page
Posts: 3
93 Magic Points
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Subject: Collection agency sent response with incorrect account numbe
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Tue Feb 02, 2010 8:47 am
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I recently came across an entry on my report that is "potentially negative, closed." I had not been previously notified of an attempt to collect from this agency so I disputed it online (via the credit bureau) and shortly thereafter received a notice (1st contact) from the collection agency.
I then sent a request for verification of the debt, via certified mail. I waited thirty five days from the date the agency received it and received nothing in return. So I sent a letter to the credit bureau asking to have the entry removed.
Now 45 days from the receival of my request they sent me an "information letter" in which they state when the account was opened, when it was purchased, my address, etc.
They did not include an agreement from the original creditor or a history of payment (as requested) and in fact I noticed that the last digit of the original creditor's account number is different.
Does this constitute a validation even though no copy of agreement or payment history was included. Is the incorrect account number a valid dispute? |
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cinnamngrl
Joined: 01 Nov 2008
cinnamngrl's page
Posts: 1455
6339 Magic Points
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Tue Feb 02, 2010 11:48 am
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validation = what a judge says it is
that being said you have a right to know how the balance was calculated. I would complain to the AG
I would also dispute the account with the CRA and specifically the number. Not the number was wrong but that you never had an account with that number
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1240
28942 Magic Points
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Subject: Collection agency sent response with incorrect account numbe
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Tue Feb 02, 2010 11:53 am
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Hi POMF,
The attempts to collect dues can be renewed by CA even if you have disputed the account. However what the CA has sent to you is not a proper debt validation. It does not contain the agreement from the original creditor, nor does it contain the right account number of the creditor. You should report this to the Federal Trade Commission (FTC).
Try and contact your original creditor and report this matter to them as well.
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All the Best 
Justin |
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POMF
Joined: 01 Sep 2009
POMF's page
Posts: 3
93 Magic Points
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Thu Feb 04, 2010 4:55 am
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If I contact the original creditor and am found to be responsible for the debt, is it possible I might settle through them? It's Citibank btw.
My biggest thing is if it does turn out I owe the money I'd like to make an arrangement for pay for delete. On the other hand if I can get the credit bureau to remove it without costing me a penny it would be even better. My biggest concern is that while I am waiting on reply from the bureaus the collection agency will attempt to take me to court, something I'd really not like on my credit report.
As of right now I have not responded to the collection agency because, as I see it, they did not provide me with sufficient validation. They did not provide an agreement with citi and the account number does not match any of my previous accounts. For all I know they closed this account and it has been sold to another collection agency. At this point I am awaiting reply from the bureaus. Is this a wise plan or should I attempt something else? |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1240
28942 Magic Points
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Subject: reply
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Thu Feb 04, 2010 5:52 am
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Hello POMF,
Yes, you just wait for the credit bureaus to dispute the matter. However be ready with the copies of both the debt validation letters.
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All the Best
Justin |
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Guest
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Thu Feb 04, 2010 6:15 am
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Which validation letters are you referring to? I have already sent a copy of my validation request letter to two bureaus around 35 to 40 days after the collection agency received my it, explaining that no response was given. Are you referring to the response I get from the bureaus?
Should I continue to keep quiet with the collection agency? They have not been harassing me and I only received contact of any form from them after I disputed the entry on my report. I just fear the silence could mean they are planning to sue. |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1240
28942 Magic Points
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Subject: reply
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Thu Feb 04, 2010 7:39 am
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Yes I am asking you to wait for the credit bureaus to dispute the matter. And yes it is possible that the CA is keeping quiet, and are preparing to sue you. In that case you can contact a lawyer, who can help you to protect yourself from such lawsuits.
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Justin |
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cinnamngrl
Joined: 01 Nov 2008
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Posts: 1455
6339 Magic Points
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Thu Feb 04, 2010 11:28 am
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they are not supposed to attempt any collection activity until they respond to the DV letter. Silence = Compliance. However posting something on your credit report is activity so I would report this to the AG. Guest, you are not the OP? all this cross posting is a little distracting.
So POMF, usually when a big bank like citi is involved, they send a bunch of statements. That's a signal. I would check whether this collection agency is licensed in your state. I would also contact the OCC or OTS about this. Complain specifically about the refusal to provide records and show how the amount owed was calculated.
_________________
CMRRR Templates
How to PFD, OPT-out, Complain, etc
All credit articles at EHOW |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1240
28942 Magic Points
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Subject: reply
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Fri Feb 05, 2010 6:28 am
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I believe cinnamngrl that POMF and the guest are the same person.
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All the Best
Justin |
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dorothykinder
Joined: 05 Feb 2010
dorothykinder's page
Posts: 14
188 Magic Points
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Fri Feb 05, 2010 12:27 pm
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Hi,
POMF.
I would never expect these form them since if they have done this mistake of wrong digits then its their concern to correct this and send you a new copy than not responding to your letters. |
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