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OC can't validate & Academy Collection won't stop calling

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Okay, after pulling our credit report I discovered a CO M/C. I wrote them a DV letter and explained that I did previously have an account with them, closed by me several years ago with a perfect pay history. Also explained I don't recognize this acct and have nothing bearing this CO acct # anywhere in my records. Sent out the DV.

---Received a letter the very next day from Academy Collections. Hmmm.

Today, I received a letter from OC that they are unable to locate the acct due to the partial acct # I provided (I got it from my CR). They want me to send a complete cc# (don't have one), SS# & copy of my credit report. ???????Why would I do that???????

In the meantime, this Academy Collections calls every 15-minutes. Most of the time caller ID says "out of area", but about every 4th call has their PA phone number.

I plan to DV the 3 CB's now, but not sure if, or how, I should respond to this letter from the OC. As for Academy, I did read the posts on them and know not to talk to them. Should I ignore them since I am dealing with the OC or DV them too? PS-Their form letter is dated 11/3, but I did not receive it until 11/14) Any advice is greatly appreciated.

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Okay, after pulling our credit report I discovered a CO M/C. I wrote them a DV letter and explained that I did previously have an account with them, closed by me several years ago with a perfect pay history. Also explained I don't recognize this acct and have nothing bearing this CO acct # anywhere in my records. Sent out the DV.

---Received a letter the very next day from Academy Collections. Hmmm.

Today, I received a letter from OC that they are unable to locate the acct due to the partial acct # I provided (I got it from my CR). They want me to send a complete cc# (don't have one), SS# & copy of my credit report. ???????Why would I do that???????

In the meantime, this Academy Collections calls every 15-minutes. Most of the time caller ID says "out of area", but about every 4th call has their PA phone number.

I plan to DV the 3 CB's now, but not sure if, or how, I should respond to this letter from the OC. As for Academy, I did read the posts on them and know not to talk to them. Should I ignore them since I am dealing with the OC or DV them too? PS-Their form letter is dated 11/3, but I did not receive it until 11/14) Any advice is greatly appreciated.

Here's mine:

1) Sounds like you DV'd OC. Which means nothing really. But at least now you know that OC does not have records or cannot locate them. Keep OC letter on file. You may need it later.

2) You did NOT DV Academy Collections within 30 days of their 11/3/2006 Collection Notice, so they may continue collection activities by calling and reporting on your Credit Reports. DV Academy now.

3) Don't respond to the OC's letter. I wouldn't provide them with my ss # and a copy of my credit report. They may falsify documents.

4) Academy calling every 15 minutes is definitely harassment. Check OHIO Consumer Collection Laws. In Florida, there are laws prohibiting such practices. You can file a complaint with OHIO State Attorney General and file a complaint with the FTC online, if you like. If Academy already have too many complaints on file for the same thing, the FTC may fine them or shut them down.

5) You do NOT DV the 3 CB's. To get to the OC, DISPUTE the Account with the 3 CB's. Do Not DISPUTE as "This Is Not My Account" (that's way too easy for them) because OC and 3 CBs will simply match your address (past or present) and say the account is Verified.

6) Beat them at their own game. Make them dig for records that OC does not have. Be specific. DISPUTE the Balance Amount, Amount Past Due and/or Charge-Off Amount. You get the idea.

The 3 CBs must contact OC for Verification. If the OC has No records and/or cannot locate them, the 3 CB's must DELETE the account, as required by law.

5) Yes, DV Academy, although you didn't within the first 30 days. Academy must obtain the records from OC, who cannot locate records. So Academy and the 3 CBs will be riding OC for records, all at the same time. :)

Note: Here's a better way to get rid of Academy. Send them a CEASE & DESIST LETTER. This way they cannot call you. If they did not report the debt to the CBs, they cannot report it after the date of your letter. Should they continue calling and reporting, they are violating the law. Now that I think about it Cease Communications may be better than DV for Academy. You decide.

Happy Holidays, xcanex xcanex xcanex

June

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Note: Here's a better way to get rid of Academy. Send them a CEASE & DESIST LETTER. This way they cannot call you. If they did not report the debt to the CBs, they cannot report it after the date of your letter. Should they continue calling and reporting, they are violating the law. Now that I think about it Cease Communications may be better than DV for Academy. You decide.

Happy Holidays, xcanex xcanex xcanex

June

Why can't they report after you send a C&D? C&D affects how they communicate with you, not how they report their accounts with the CRA's.

Also, you should C&D when you're sure you will win in court, because after you C&D them, they have 3 choices -

1. Sit on the debt and maybe revive it later

2. Toss it back to the OC

3. Sue

#1 isn't likely. Between #2 and #3, just depends upon the particular situation. Just be sure you're ready to get served a summons before you C&D.

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DV academy immediately. Overnight it if you have to. Academy can't assume you got the letter the next day... so you have a 5 day grace period for presumption of receiving that letter. So if they receive your DV in the next few days, you'd be covered.

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Why can't they report after you send a C&D? C&D affects how they communicate with you, not how they report their accounts with the CRA's.

Also, you should C&D when you're sure you will win in court, because after you C&D them, they have 3 choices -

1. Sit on the debt and maybe revive it later

2. Toss it back to the OC

3. Sue

#1 isn't likely. Between #2 and #3, just depends upon the particular situation. Just be sure you're ready to get served a summons before you C&D.

Believe what you like. Reporting is considered as collection activity and communication. I had consulted with an attorney concerning Cease Communications and it is confirmed at BUDD HIBBS website.

Where the CA follows the law and sends out the Collections Notice first, prior to Reporting to the CRAs and a DV or C&D is sent out by me by CMRRR the CA must Cease ALL collection activities or communications from the date on my letter, including Reporting to the CRAs. It WORKS for me (twice, so far). Should any CA continue collection activities, communications or Reporting to CRAs AFTER my C&D they are in violation and appropriate legal action may be taken by me.

I had carefully read the OP. All my comments are as it pertains to the OP. HOUSE will most likely win in court, if OC files such a fraudulent claim. I am certain that it will not go to court because #1 the debt is NOT owing by HOUSE, and #2 OC has NO records.

In this instant case, HOUSE may C&D WITHOUT "worrying" about being served and sued. All my comments are as it pertains to HOUSE particular situation. Thank you.

Happy Holidays xcanex xcanex xcanex

June

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Thank you, everyone, for such valuable advice. I decided to fax a letter to Academy. Oh, the peace - the phone has not rung in 2-hours. I did not DV them because I had not received anything from them until after I contacted the OC. I did keep the post-marked envelope showing the letter was back dated should I need it. Now for my "potential" mistake. I also wrote the OC again. I am record keeper, almost to a fault (although I understand the OC has no reason to believe this or even care.) I do not have ANY record of ever having had this credit card. I again stated this, explained I was uncomfortable with providing the requested information. Now I will dispute the CB's. Thanks again, and I'll let you know how it works out.

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DV academy immediately. Overnight it if you have to. Academy can't assume you got the letter the next day... so you have a 5 day grace period for presumption of receiving that letter. So if they receive your DV in the next few days, you'd be covered.

I might add: It may not be cut and dry. A Letter Dated 11/3/2006 + 5 days for delivery = 11/8/2006. Today is 12/12/2006. HOUSE may not be covered under the 30-Day rule, where her 30th Day was 12/08/2006.

That's why we must act very, very quickly when we receive those back-dated Collection Notices. CAs routinely meter stamp them and mail them days later, if at all. Which leaves much less time for consumers to respond. The rule I follow is: within 30 days (from the date of CA's notice) my DV is in their offices. And my USPS Signed Receipt (Green Card) clearly proves it. This way I don't create some new Dispute on top of the Dispute about the debt.

Best Regards,

June

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Ah.... C&D is very different from a DV. You C&D a collector, they can absolutely report the debt. They can also proceed to sue you. If you demand verification of the debt, then they may or may not be able to do these things (depends upon the particular situation, timeliness of the DV, etc). But Cease and Desist basically means - bug off, idiot! I don't want to communicate with you! Telling the CA to bug off won't protect any of your rights, other than the right to be left alone until the sheriff shows up.

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Just thought I'd report that we had success with the OC who was unable to verify the debt reported on my husband's CR as a Joint (with me) and we have received a letter (from OC) that it will be removed. CA did stop calling...

...then I recevied a letter from an attorney for the same account (in my name). Do I send the CA a DV or go back to the OC again?

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Just thought I'd report that we had success with the OC who was unable to verify the debt reported on my husband's CR as a Joint (with me) and we have received a letter (from OC) that it will be removed. CA did stop calling...

...then I recevied a letter from an attorney for the same account (in my name). Do I send the CA a DV or go back to the OC again?

It sounds like while you were working on things w/ the OC, the CA went ahead and sent this on to another collector. Attorney's act as collection reps to. I would send them the last letter from the OC stating the account IS NOT mine. I would then send a letter to the OC stating what is happening and that this other firm is now involved. Those are my ideas anyway.

Elyse

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I had academy calling me and I flipped it on them. I started calling them 10-15 times a day. I called the particular chick in charge of my accounts specific exension after hours and just sat there until the voicemail hung up on me. After awhile her mailbox filled up with nothing but silence and she could not get legit calls. I drove the bitch crazy. At one point she started crying and her manager got on the phone saying they were pressing charges. I told them to go ahead, no threats had been made. They ended up blocking my cell number. So I started calling from my job. Just for trivia, the IT guy at work said we had 30,000 individual extensions. After a week I got a letter saying they were sending the debt back to the OC. I sued the OC and they settled out of court. I thoght it was pretty funny. Though not a route for everyone to take.

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