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Mr.Jones
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Subject: Reporting a Collection No Communication Received
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Sun Jan 11, 2009 2:34 pm
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Hello All,
I had a collection placed on my credit report on 12/18. I did not receive any notice in the mail or phone stating I owed this alleged debt.
I filed a complaint with the FTC and BBB and sent a D=debt validation request on 12/22.
Is placing a collection item before sending a letter a violation? |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4500
8812 Magic Points
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Sun Jan 11, 2009 6:39 pm
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| I do not believe that it is. Do you recognize the debt at all? Sometimes collection agencies will buy the debt from the original creditor and then list it on your report. Once they do you can usually figure the collection atempts will begin soon after. You are on the right track here however, sending the debt validation letter was a good first step. I do hope you sen it out by certified mail so you can prove that it was sent. Remeber though a lot of these collectors will just send you out a copy of the bill as proof and this is NOT proper proof. Thye need to have the priginal signed contract and show that they have the legal right to collect. |
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Doc
Joined: 02 Dec 2008
Doc's page
Posts: 203
Location: McKinney, TX
954 Magic Points
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Sun Jan 11, 2009 7:03 pm
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Collections agencies must make a "reasonable effort" to alert you to any reporting, and must afford you 30 days to dispute the debt, or some portion thereof... The problem is this...
They generally send that notice to an address that is several years old, and thus, you never get it. So long as they don't get any "returned mail", they assume (nudge, nudge, wink, wink...) you got it.
More often than not, my experience has been that they never send anything out, thus denying you your rights.
Unfortunately, the law favors them in this case...
It's your word against theirs, should it ever go to court...
_________________
-Doc Compton, Omega Credit Repair
I provide info for free, & all I ask is that you visit my site... I don't wanna sell you anything, I just wanna increase my traffic, and push my site up in the search engine rankings...
http://www.omegacreditrepair.com |
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Mr. Jones
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Sun Jan 11, 2009 10:50 pm
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| I did send it CMRR. I just received a letter today stating the original creditor's name, balance and my previous address. Also I letter stating a Capital Agency brought the debt and NCS is collecting on their behave. Both of these letter was dated 1/6/09 only communication I received. Should I DV these letters and again request validation? |
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carol
Joined: 27 Jun 2006
carol's page
Posts: 1362
Location: Los Angeles, California
29592 Magic Points
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Mon Jan 12, 2009 6:21 am
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Hi Mr.Jones
The creditors generally do not call you up before they list any outstanding debts in your credit report. If you do not agree with any listing in your report, all you need to do is to send a debt validation letter by certified mail to the creditor or the collection agency whose name you find in the report. According to the Fair Debt Collection Practices Act, only authorized listings should stay in your credit report and so if the creditors or the CA cannot validate the debt within 30 days of receipt of your letter, they lose their right to collect the debt and so you can send a dispute letter to the bureaus telling them that you do not agree with the debt.
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Keep in touch
Carol |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1298
28935 Magic Points
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Mon Jan 12, 2009 6:40 am
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The creditors must properly validate the debt. Properly validating the debt means that the creditor or the CA must provide you with a copy of the original signed document and the bills that are outstanding. If they did not provide you with such documents, you should send a letter to them telling asking them for the same. All correspondence with the creditor or the CA should be made by certified mail with return receipt. You can find sample letters if you visit the link letters of credit.
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All the Best 
Justin |
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Guest
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Tue Jan 13, 2009 3:26 am
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| Thanks Carol and Justin |
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KingXXXxxx
Joined: 13 Jan 2009
KingXXXxxx's page
Posts: 1
30 Magic Points
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Subject: My blog is for adults
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Tue Jan 13, 2009 5:08 am
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Hi I would like to present to your attention our blog
If you are under 18 please do not go to links |
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