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Collection Agency Not Licensed to Collect in my State

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jenaywins



Joined: 15 Jun 2010
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Posts: 4



168 Magic Points

Subject: Collection Agency Not Licensed to Collect in my State
 
Posted on Tue Jun 15, 2010 9:23 pm  

... What are my steps? This particular collection agency is incredibly shady.. They have threatened to have me arrested, called my work and disclosed false information about myself, etc etc, all of the above...

I just discovered that they are not even licensed to collect in my state. What are my steps to get this off of my credit reports?

Thank you!
Aaron

Aaron

Joined: 08 Feb 2010
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48565 Magic Points

Subject: collection agency
 
Posted on Wed Jun 16, 2010 6:31 am  

Hi jenaywins,

Can you tell whether or not you have documents to prove that they are not licensed to collect in your state? File a complaint with the Better Business Bureau, and the Federal Trade Commission. Also, complain about this colelction agency to your State Attorney General. They are under violation of Fair Debt Collections Practices Act.

In addition, send debt validation letter to this collection agency, through certified mail, requesting a return receipt. They will probably fail to validate your debt. Then, you can file a dispute with the credit bureaus, to remove the item from your credit report.

Thanks,

Aaron
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Posted on Wed Jun 16, 2010 3:36 pm  

Hi Aaron,

Thanks for your response. I pulled a listing of every collection agency licensed to collect in the state of Arizona from an official state government website. None of the names this shady agency goes by is listed. I did file a complaint with the AZ state attorney general's office and plan on sending them a debt validation letter, including a request for proof that they are licensed to collect in this state, which they obviously cannot provide.

Are there additional steps I should take? This is a very aggressive collection agency, and they are not above illegal tactics... I just fear that they will give me a hard time...
cinnamngrl



Joined: 01 Nov 2008
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6419 Magic Points

 
Posted on Thu Jun 17, 2010 1:45 pm  

What state do you live in?
how old is this debt?
who is the original creditor?
Is the negative tradeline a Collection Agency or the Original Creditor?
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Aaron

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Subject: reply
 
Posted on Fri Jun 18, 2010 10:23 am  

Hi jenaywins,

Don't panic. It seems that you have already done the needful. Send them the validation letter. They perhaps won't be able to validate your debt, Then dispute this tradeline with the credit bureaus. You will get a sample dispute letter with this community.

cinnamngrl, OP has mentioned that it's a collection agency, and the state is Arizona. You must have missed Smile

Thanks,

Aaron
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jenaywins1
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Posted on Wed Jul 07, 2010 11:13 pm  

Thanks for the response, Aaron.

I sent them a dispute letter via certified mail on the 24th of June. They are in California, I am in Arizona. I still have not received proof of delivery, so I am wondering if they could refuse to sign...? Then where does that leave me? I filed a dispute with Experian on the premise that they are not licensed to collect in my state; however, as usual, Experian sided with the collection agency and the entry remains on my credit.

Do I have any options here? I have filed a complaint with my Attorney State General's office.... Not sure where else to go with this one...
cinnamngrl



Joined: 01 Nov 2008
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6419 Magic Points

 
Posted on Thu Jul 08, 2010 1:30 am  

it doesn't matter if they refuse to sign. Use the mail article number to track the letter on line.
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jenaywins1
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Posted on Thu Jul 08, 2010 4:40 am  

Thank you.

I did track the package online at USPS.com, and it was delivered on June 21st, although I did not receive a green return receipt. I assume at this point the collection agency has until June 21st to validate the debt, correct? At this point, I have disputed this about a million times via Experian and it has come back verified each time - Experian is a real headache to deal with.

Assuming that this shady collection agency doesn't validate and prove they are licensed to collect in my state by the 21st of July, what are my next steps? Thank you again.
cinnamngrl



Joined: 01 Nov 2008
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6419 Magic Points

 
Posted on Thu Jul 08, 2010 10:18 am  

there is no time limit for the CA to provide validation. the law says they must cease collection until they do. However after 7/21, I would send a MOV letter to the CRAs

do you have all your credit reports?
what state are you in?
what is the original creditor and the name of the CA?
what is the date of first delinquency? 30 days after last payment
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jenaywins1
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Posted on Thu Jul 08, 2010 4:26 pm  

cinnamngrl, that is not even true. CAs have 30 days to validate the debt. If there was no time limit for the CA, then they would have no incentive to validate ANY debt and thus likely wouldn't.

Also, you are asking questions that I have already answered and are honestly not being very helpful. The answers you are providing me are inaccurate and, again, you are obviously not even reading my posts as all information you requested was posted by me. I'll wait for an answer from another member of this board, thank you.
mike84
Guest






 
Posted on Thu Jul 08, 2010 8:22 pm  

I also live in Az so I can be of some help. You can also file a complaint with the AZ Dept of Financial Institutions(where I'm assuming you found out the CA was not licensed) there is a form on the website you can fill out and mail in. I believe they'll actually send a letter to the CA asking them to cease activity or be fined.

Also, there is no time frame for a CA to validate a debt. However, YOU have only 30 days from receiving a letter from them to request validation. Though in my experience, I've asked for validation after 30 days and it was either validated or removed from my report.

Hope this helps some.
cinnamngrl



Joined: 01 Nov 2008
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6419 Magic Points

Subject: 15 USC 1692g§ 809. Validation of debts
 
Posted on Thu Jul 08, 2010 10:09 pm  

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this title may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor.
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cinnamngrl



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Subject: to jenawyn
 
Posted on Thu Jul 08, 2010 10:20 pm  

do you have all your credit reports?
what state are you in? AZ
what is the original creditor and the name of the CA?
what is the date of first delinquency? 30 days after last payment

As far as I can tell the only question you answered is the State. I ask these things of everyone and it will help. If you read through the FDCPA, you will see that there is no time limit for the CA to respond. there IS a 30 day limit for you to respond to the initial dunning letter.

I am not sure why my questions offended you but getting snippy isn't going to fix your credit. Also you need to login to show that you are the same person that started the thread. It is not usually for random people to chime in with an add on question so I can't assume that just because you answer Aaron, you are the same person.
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jenaywins1
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Posted on Thu Jul 08, 2010 11:29 pm  

I am not logging in because I misplaced my username and password, unfortunately, and it is far easier to respond as a guest than to go through trying to recover this information.

Second, I omitted the name of the OC and CA because I didn't feel it relative; however, if you feel that it would help, the OC is Allied Cash Advance and the CA is Marauder - one of the worst. I have never had a payday loan in my life, but fighting this and disputing with the bureaus as not mine is not working. Somehow, the CA keeps verifying the info, though Experian is reluctant to tell me exactly *what* they are verifying. The date of the first delinquency is not listed on my CR, but the date opened shows as 08/2009. Again, I have never had a payday loan in my life so I can't very well verify a date that doesn't exist to me, if that makes sense. I do have all my credit reports and am meticulous about staying on top of everything. This is a real thorn in my side and I'm not quite sure what I need to do here.

Everything that I have ever researched has stated that CA has 30 days to validate a debt...
cinnamngrl



Joined: 01 Nov 2008
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Posts: 1320



6419 Magic Points

 
Posted on Fri Jul 09, 2010 1:18 am  

is this Id theft or just CA targeting the wrong person?

just read the FDCPA, that is the source. and the only place that the CA has 30 days is Texas. read your responses. it's not just me.
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