Non-Responsive Collection Agencies

[StJamesGrp]

Hello Everyone. I have followed the steps of the 1 2 combination:

1) Dispute with the CRA
2) Validation Letter with the Collection agencies

I received a letter from the CRA stating that they have confirmed and verified the account but have yet to receive a response from the collection agency either complying or denying the instructions. The letter from the CRA's came 12 days from their receipt.

1. How do I respond to the collection agencies' non-responsiveness in an affective manner?
2. How should I reply to the CRA regarding the account?

Please advise on this one as I am approaching the 30 day mark soon.

Kind regards,

J.R.

[chane]

I would try to dispute it with the CRAs again. Let them know that the the CA did not properly validate the debt in the time given.

I would also contact the CA by certified mail letting them know that by verifying the item and not validating it with you, they have violated your federal rights - which is a $1,000 fine payable to you per CRA that they are reporting to. Ask them to remove it immediately.

[StJamesGrp]

I will send the CAs another letter to that affect and give them 7 business days to respond. I will also send a follow up to the CRAs and send them a cc of what I have sent.

Do you suggest that I contact the FTC on the matter? If so, how do I trigger them to enforce the rules, regulations, and laws on the matter?

J.R.

[chane]

Originally Posted by StJamesGrp

Do you suggest that I contact the FTC on the matter? If so, how do I trigger them to enforce the rules, regulations, and laws on the matter?

J.R.

Absolutely. The FTC is the organization that enforces the FCRA. They should be able to take care of this for you, if the CA and CRA don't cooperate.

[Trish]

Thing is......the CRA didn't do anything wrong. I only does good to file complaints with the FTC when the CRAs violate.. And even then (unfortunately) the FTC doesn't do anything until they get xxxxx number of complaints.

You can try sending the CRAs the letters you have sent to the CA but from my experience, that doesn't always work.
Sorry, not trying to give you bad news but this is just what I've learned.

Sending the CA another letter with a shorter time to respond is a good route to take. As a matter a fact I have sent a couple of "2nd DVs" with a hint of ITS.....just letting them know that I know they are in violation and if they don't come up with proper validation, that they better delete the TL, discontinue collection activity and consider the matter closed or I will seek legal counsel.

Another thing you can do is file a complaint with ACA international if they are a member. The CAs have to abide by a code of ethics (ha) to be a member.
Here is the link: ACA International - Code of Conduct

[Trish]

Just thought I would share this.
This is a DV2 letter that I used on a CA that refused to validate, continued collection AND kept verifying with the CRAs.
I did have to hire an atty but had a great papertrail and pics on my caller ID (not only did they keep calling but they called before 8am). I ended up getting a deletion AND a 3K settlement (woohoo! )

Anyway..........here it is:

Date
My Name
My Addy


Dummy CA
CA Addy


Re: Acct # xxxxxxxxxxx

To Whom It May Concern:

I am sending this letter certified mail # xxxx xxxx xxxx xxxx xxxx to ensure that you receive it.
I have received two letters from you dated xx/xx/xxxx yet your offices have failed to provide me with proper validation. I sent you a letter on xx/xx/xxxx, certified mail # xxxx xxxx xxxx xxxx xxxx, which you signed for on xx/xx/xxxx. You have not supplied sufficient evidence that the alleged debt is mine.

In a good faith effort to resolve this matter amicably, I restate my demand for proof of the debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such proof, you must terminate this collection action and correct any erroneous reports of this debt as mine.

You have fifteen (15) days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter in error, and that this matter is permanently closed.

Either provide the proof or correct the record to remove the invalid debt from my credit files with the three primary credit-reporting agencies. You are currently in violation of the Fair Credit Reporting Act and the Fair Debt Collection Act.

I also would like to request that no additional telephone contact be made by your offices to my home as it is inconvenient for me. If your offices attempt telephone communication with me again, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered collection activity. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

Best Regards,

Me

HTH

[CreditCrisis]

you got a settlement, but how much did the attorney fees set you back? this might be what i have to do soon. can you check out my post in "credit repair" its the one labeled "hilarious..." its about what kind of validation i received recently.

thanks

[Trish]

Ah I just answered that post.... you can use the above letter....just be sure to modify it.

It's been a couple of years but basically the arrangement between myself and the atty was we split the settlement 50/50......so I ended up with a debt removed and $1500 in my pocket (the debt was only like $300 so I actually made about $1800) for writing letters and taking pictures......kwim?