natural Posted August 18, 2004 Report Share Posted August 18, 2004 I had a collection account removed about 2 months ago with Honors credit agency. I disputed, and voila' it was taken off. Last week Franklin collection services has the exact same acoount, same amount, same everything. I called EQ this morning and was told the only thing I could do was send anouther "dispute" letter to the new collection agency. Is this right? Can OC's keep giving your account to new CA'S? Link to comment Share on other sites More sharing options...
DocDon Posted August 18, 2004 Report Share Posted August 18, 2004 Yes they can. This is why it's best that if you get a collection entry deleted, pay the OC directly. Since they don't have a new CA collecting yet, they can't hire a CA to say "paid collection".Likewise, the CA can't reinsert to say paid unless they follow the reinsertion rules in the FCRA (which they never do). Link to comment Share on other sites More sharing options...
natural Posted August 18, 2004 Author Report Share Posted August 18, 2004 I see. So when this next company cannot verify the debt, and it is removed from my CR, then I should pay the OC. Is there any special procedure I should follow, or just pay them? Link to comment Share on other sites More sharing options...
DocDon Posted August 18, 2004 Report Share Posted August 18, 2004 No special procedure - you're getting them between during the delay of finding a new CA. If you pay then, there's nobody to report the paid collection to. Link to comment Share on other sites More sharing options...
Methuss Posted August 18, 2004 Report Share Posted August 18, 2004 They can and do transfer accounts...but...I read a case where a CA was found to have violated the FDCPA for misrepresenting the legal status of the debt by selling a disputed account to another CA knowing that the next CA would attempt to collect on it. I don't think it can be cited because it was unpublished though. Link to comment Share on other sites More sharing options...
breathing_easier Posted August 18, 2004 Report Share Posted August 18, 2004 Two things:1) You're asking a CA to validate a debt, not verify it (CRAs do the verifying);2) Make sure the CA is not a debt buyer. If they bought the debt fromthe OC, then your option of negotiating with the OC is gone. You can usually find through doing a Google search whether a CA is in the business of purchasing debts. Also, in your DV letter to them you can request that they tell you whether or not they purchased the account. In response to my first DV letter to Sherman Acquisitions they scribbled the name of the OC, the account number, the amount of the alleged debt, and a note that they had been "assigned" the account. Big fib, as they had actually purchased the account, so don't rely on what the CA tells you. Link to comment Share on other sites More sharing options...
natural Posted August 18, 2004 Author Report Share Posted August 18, 2004 Thanks for the replies guys. Link to comment Share on other sites More sharing options...
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