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CA 'validated' - but called me when I specifically told them not - ammunition?


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Collection Company of America - an old Sprint PCS account.

Now, I sent VD and they first sent me their own collection bill (haha - I sent second DV) and then a huge envelope with copies of Sprint bills and a complete payment history straight from Sprint. So, I figured - looks like I may have to try PFD.

However, to my surprise they called me on my cell the other day - said "Unknown" so I didn't answer - they left a message about an "urgent business matter" with a name, call back number and ext. Lo and behold when I call it's the collection company. I saved the message.

I specifically told them in both my first and second DV letter that I forbid them to call. Can I use this to my advantage at all?

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I specifically told them in both my first and second DV letter that I forbid them to call. Can I use this to my advantage at all?

Questionable. First, there really isn't anything in the FDCPA that prohibits them from calling...particularly once they have validated and they are allowed to continue collection. On the other, calling you on your cell and thereby costing you money is prohibited.

The problem is that no of this is of sufficient magnitude to sue over.

If you're going to pay, see if Sprint still owns it. Better (and safer) to pay the OC rather than some CA...

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Depends what you mean by "gone to the CA". If your credit reports DOES NOT say "sold to another lender", then the OC still owns it. They're the ones you want to deal with. If you call them, they might say you have to deal with the CA...if that the case, ask to speak to a supervisor. It probably won't do you any good to deal with the CA.

On the other hand, if your credit report DOES say "sold to another lender" then you're dealing with a junk debt buyer. That's an entirely different probelm. (Note...just to confuse things...some JDB's do hire CAs to do the heavy lifting for them).

So...first...you need to sort out who owns the debt.

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Ah...yes of course...Spriint is one of those companies that never reports on CRs unless you're delinquent.

So...next question...is Collect America on your reports?

If so, then the only reason you would have for paying them anything is if they would delete. Since they seem to have the evidence, offer them like 30% for a PFD and see what they say. You will, of course, need everything in writing...PFD, and they will not sell the balance, etc.

If not, then tell them they've got the wrong information, and to go pound sand.

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Its really tough to know for certain. The only sure fire way is (in this case) would be to call Sprint and see if they still own it.

The problem is that the weasel words that CAs use are intended to confuse. An OC can "assign" a CA (in the sense of "we have contracted with") to collect a debt. The OC can also "assign" all rights to a debt (in the sense of "we sold it") to a JDB.

An OC or a JDB can "place" an account (in the sense of we asked these people to collect for us).

And, as may be the case here, the OC has contracted with a CA to collect it, and that CA has placed it with another who has offices in your area.

Call Sprint.

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