33percent Posted December 23, 2004 Report Share Posted December 23, 2004 So it has been 15 +1 days since they received my 2nd request for proper validation. They have not placed a TL on my credit reports, nor have they spoken to me since shortly after the 1st validation letter arrived. I want to end this matter with the CA, I plan to send them a C&D letter citing the multiple violations they have incurred and a demand to drop further collection activities. Its my understanding that selling the account to another collection agency is regarded as further attempts to collect and is a violation. Should I make this known to them as well? Should I start to sue them? I don't have any problem bringing this matter to court, and I'd probably learn something useful from the experience anyway.If there is something else I should say in my letter let me know, I'd like to extract something from this CA which would deter other CA's from trying to collect. I still am researching if I am even responsible for this debt, I imagine because I can't find any form of validation the CA's won't be able to either.Eventually I can cite the SOL, but having to demand validation every couple of weeks will get old. Link to comment Share on other sites More sharing options...
sdc2027 Posted December 24, 2004 Report Share Posted December 24, 2004 I would start the ITS letter and include in there the information that selling the account would amount to a collection. Link to comment Share on other sites More sharing options...
shafted Posted January 20, 2005 Report Share Posted January 20, 2005 Its my understanding that selling the account to another collection agency is regarded as further attempts to collect and is a violation.Whoa.. is this true?? Link to comment Share on other sites More sharing options...
biltmore Posted January 22, 2005 Report Share Posted January 22, 2005 Yes I am a bot confused about this myself...sounds good, but I just had someone tell me on another thread that the collection agency can sell the account and continue to attempt debt collection.Can someone straighten me out? Link to comment Share on other sites More sharing options...
workinninetofive Posted January 22, 2005 Report Share Posted January 22, 2005 If they can't validate right, why would they be allowed to sell it to someone else?? They can't prove it and its collecting. So, NO you can't sell an acct if you can't even validate it. As far as the other thread, that is probably a different scenario, where a) they have validated or you never demanded that they validate. Link to comment Share on other sites More sharing options...
J_Snow Posted January 22, 2005 Report Share Posted January 22, 2005 Yes, accounts that are not validated are sold all the time. Its one way a CA can recoup some of the money spent acquiring the account in the first place. And no-its not considered collection activity to just sell the account. What matters is what happens with the new CA. Junk debt is a billion dollar business. And these accounts are often bought for just pennies on the dollar. That is how they can give you those 'great' offers for settlement of 20-50% of the original balance. The CAs that deal in junk debt make their money off the 'lease educated consumers' with threats and intimidation. Keep in mind that there are many reputable Collectors out that the do perform a valid function. Nobody associated with this site is going to advocate you skipping out on valid, collectible debt and nobody here is going to tell you how to do it. What is important here is understanding your rights and mitigating any damage caused by the CAs.Hope that helps... Link to comment Share on other sites More sharing options...
J_Snow Posted January 22, 2005 Report Share Posted January 22, 2005 One thing I should add regarding the re-selling of junk debt. If you are successful in getting one CA to go away-dont be surprised if another one pops up in their place a few weeks/months down the road and you have to start the process again. Remember SOL applies to only getting a judgement against you forcing you to pay. Anybody can attempt to collect for as long as the cows come home. Your rights say that they have to prove the debt is yours and that you are required to pay them. If they have no legal recourse to compel you to pay-and cant prove the account is yours, well then... paying them isnt so smart and they have to stop collecting and clear your reports. Link to comment Share on other sites More sharing options...
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