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Nelson Watson and Associates calling me


Lyubashka
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Nelson Watson and Associates is a collection agency (I learned that today, after they have been calling my cellphone every other day and leaving messages with almost no info, except their phone number, and extension number, and of course, that it is "very important matter").

Anyhow, I called them back today and it turns out that they are representing First Financial Bank (I had a credit card with them in 2000 for $1000 on which I defaulted on payments and then stopped paying altogether). According to all three of my credit cards, First Financial Bank is the one reporting this debt. Nelson Watson and Associates is not listed on the reports at all.

This debt will fall off my reports in January of 2008 (according to the credit reports).

I faxed a letter to Nelson Watson and Associates today telling them to cease and desist, I also mailed them the same letter with RRR.

WHat would everyone suggest my next step be?

At this point, I sent a letter to First Financial Bank (last week, in fact) requesting debt validation. I sent that certified w/ RRR also and they responded immediately, stating that I need to call customer service as they cannot assist me.

I wrote again, this time, using an advice of a previous post I found on this website, and wrote the following:

04/23/2007

Re: Acct:# 401724074016****

I previously requested debt validation for this debt which you say is mine, and all I received was a request for details on why I requested debt validation. The reason: I doubt this is my debt and under the FDCPA, it is my right to request debt validation. Since you are reporting this information on my credit report, the burden of proof is on you.

Your request for details is not adequate debt validation. Please provide me with:

1. A signed contract (showing my signature) from the original creditor

2. A letter of assignment or sale of this debt to you from the original creditor

3. The complete payment/transaction history starting at the original creditor and continuing with you, so I may know, if in fact this debt is mine, that the debt balance is accurate. (Case Law Reference: Brennan Vs. Spears)

Without such documentation, under the FDCPA, you are not allowed to pursue collection activities.

Reporting this collection on my credit report, which is considered to be a continuation of collection activity, is a violation of section 809(B) of the FDCPA, following a request for debt validation, which states: collection agencies must cease collection activities. I am attaching an opinion letter from the FTC on the illegal practice of continuing to report these collections on my credit report without proper validation (Lefevre-Cass letter)."

You are now in violation of the FCPDA, and are now subject to fines of $1000, plus actual damages and attorney’s fees, which I may collect from you by filing a claim in small claims court. These collections on my credit report are causing me severe problems in trying to purchase a home and the damage could lead into the $1000’s.

If you do not immediately remove this listing from my credit report, I will be forced to take legal action.

So, I am awaiting their response.

Has anyone here heard of things going that way, where the OC is the only one listed on the report while some CA keeps calling and is not even reported as a collection agency with the credit bureaus?

THank you

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You don't DV the original creditor. The FDCPA does not apply to the OC. DV Nelson Watson.

--just reread your post. You sent a C&D to Nelson Watson. No need to DV Nelson Watson now. They will go away or sue. What's the SOL for WA?

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The SOL for WA is 3 years.

Is it normal, though, that the creditor is not anywhere mentioned on the credit report?

What if I not knowingly DV the OC? Is it going to hurt me?

What would be your recommendation on taking my chances of First Financial removing the TL earlier than 1-08 (so far, after I disputed with the CRA, it came back verified).

Thanks!

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No, DVing the OC won't hurt you. They'll likely just ignore it, or if someone in a helpful mood sees it they might try to answer your questions.

It's not unusual for Nelson Watson to not be on your report; they don't own the debt.

Why would First Financial stop reporting the tradeline? Is there something inaccurate? They can keep reporting until it falls off.

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