INQUIRY from Collection Company

[ibzp]

Hi i got on my report a inquiry from WEBBANK/DFS and cannot get their legal address were can i find it ? Thank YOU

[Lian]

If they made an inquiry for your CR, that is considered an intitial communication regarding their collection of the debt that triggered their requirement to send you a formal collection (dunning) notice within 5 days thereafter. I presume they never send dunning notice, but are conducting collection activities? If not, they are not complying with the FDCPA.

You can call the CRA and ask them for the address provided when they requested your credit report. As soon as you get an address, dont wait for dunning notice. Send an immediate DV request, and initiate the automatic bar on their collection activities pending their verification of the debt.

[ibzp]

Hi Lian thank you for your help do you maybe have a sample template for a FDCPA complaint that i can use in my State NY if yes would you be willing to email it to me [removed] what i learned that if i just mail it to them as Notice of Pending Law Suit they will come up to settle . Thank You

[chane]

No email addresses please.

[Lian]

Formal complaints are sent to the FTC, who is charged with administrative enforcement of the FDCPA.
The substance of the complaint would simply be their obligation under FDCPA 809(a) to have sent you a collection (dunning) notice within 5 days of their initial communication to the CRAs.

Just identify the lack of receipt of communication from them, and cite section 809(a) as the basis for their violation. I would cc: a copy to the debt collector if you have obtained their address.

Don't expect great things from the FTC, as they don't, as practice, take actual enforcement action on individual consumer complaints. They will send a letter to the debt collector. Maybe the fact that the FTC does, if they so choose, have the authority to take action might have some impact on the debt collector.