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Inquiry and Phone Call from General Revenue Corp.


virginiabound
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So last week when DH and I pulled his reports and scores from myfico, I noticed that there was a hard pull from General Revenue Corp on July 3/07. This immediately drew a red flag because this CA isn't on his reports and they are affiliated with defaulted student loans. DH is current with his student loan with Direct Loans.

I was going to send a dispute to Transunion about the inquiry.

Today, DH gets a call from them (on his cell). He's at work so he didn't answer but used the reverse look up.

We also signed up for truecredit monitoring today, and General Revenue are not on there.

Has anyone had any experience with this CA or have any idea why they are calling/inquiring into DH?

Thanks!:)++

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See, that's the thing, DH doesn't owe them anything and as far as we know, shouldn't owe them anything. We know what should be in collections and they are all being reported to the CRAs.

And his student loan with Direct Loans is current and being paid on time so it's not defaulted.

So I can't see General Revenue having PP to pull a hard inq.

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It could be that a debt you already have has been sold to them. I don't think it's safe to say that they ONLY do student loans; their webpage clearly indicates that they handle consumer debt as well.

http://www.generalrevenue.com/

Answer the next call, when you have the time to. Find out whatever you can without agreeing or disagreeing to a single thing, especially whether you owe this money or not. Just repeat to them several times, "You need to mail me proof of this debt. I have no idea who you are."

After that completed call, they have 5 days to get the mini-miranda out to you in the mail, or they have another violation. That should tell you where this debt is coming from, and you can then contest it, DV it, etc.

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Ok, we'll try this, but DH is terrible at talking to people...has a bad habit of saying things he shouldn't! haha

I just don't know what could have been sold to him. 2 of his debts are medical for small amounts and one for almost $1500 with Cavalry (and I can't see them selling it).

Hubby did have someone steal his identity back in March...they tried to buy something using his banking info, but we were lucky and it was caught before it went through and a police report was filed.

I really hope this isn't something along those lines...

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So General Revenue called my DH again today, and he called back. He couldn't get ahold of the person who was trying to contact him, but the person who originally answered the phone tellls him they are trying to collect on a bill from Fairmont State College. They say that DH owes them $500 for a class he didn't finish.

DH hasn't been to Fairmont in over 7 years and all of his student payments went through Direct Loans, which he is paying. The lady on the phone tells him that he'll have to dispute it then. He asked her to send something in writing and she replies that they can't that he has to dispute it.

I told him to call back and demand that they send something in writing.

Any other suggestions?

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Have him send a DV letter anyway - certified. Address should be on his CR, or you can call them and ask him for it.

If it is really past 7 years, they don't have a leg to stand on. You can tell them to take a hike. But it sounds like it is not his debt. Perhaps another student with a similar name owes it.

BTW, there is a law I believe stating they have to send you something in writing within 5 days of first contact or something...I hope someone else here remembers and can cite the statute for us...

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Yes, I would call and start off with "this phone call may be recorded by my wife for quality assurance purposes...." :twisted:

I then make sure he states the following: "Let me get this straight, despite the fact that the Fair Debt Collections Practices Act requires that you send me a letter in writing within 5 days of initial contact you are refusing to do so in violation of the law, right?"

I found the statute:

FDCPA ยง 809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

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Yes, I would call and start off with "this phone call may be recorded by my wife for quality assurance purposes...." :twisted:

Oh, that just made my day! :lol:

DH is at work right now, and gets really nervous or confused when it comes to all of this so I sent him a pretty straight forward email to follow when he calls.

Told him to 1) Ask for their name, 2) Ask for the Account # and amount of the debt, and 3) to send him a written notice as per the FDCPA.

I figured it would be easiest for him if he could just read the questions.

I really wish I could just call for him and get it all out of the way for him.

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Personally, I would stop talking on the phone, particularly if DH is not comfortable with it. You're unlikely to get anything else out of them. You have the initial contact, and you've told them a couple times to send notice. If they don't, that's a violation. You can get their address off your CR, or from their webpage.

But that's just my opinion, and I really hate talking on the phone to these guys. ;)

While you are trying to get General Revenue Corp to obey the law, you could try a flanking maneuver at the same time.

Call Fairmont, and ask them why GRC is suddenly after your DH for a debt that Fairmont never said anything about for years. Ask them nicely to send copies of the account records to you. The college should still have records of why they think you owe them money. If they don't, well, then it's going to be very hard for GRC to prove it then.

Oh, and don't read this as letting GRC off the hook. Regardless of what you find out from Fairmont, keep the pressure on GRC. Demand that they send notice, as per the FDCPA. When they fail to do so, write them a DV and mention their violation. When they don't respond to the DV, send them a C&D, and cite all of the FDCPA violations to date.

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Thanks for that advice mdk003!

I was only going to get DH to talk to them one more time to get that info and demand the written notice, then keep it all to writing.

I'll see what I can do about Fairmont.

That sounds really good to me. I just don't think your DH should have to suffer through any more calls after that. ;)

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With a debt this old, you will have to do some digging. I would try their accounting office first.

http://www.fairmontstate.edu/facstaffresources/directories/all_offices_services_directory.asp

Explain the situation, and be very nice and friendly. Make them want to help you sort this out.

If Accounting can't help you, they should be able to tell you who can. It's possible that they can't release the information to anyone but the DH. However, you can always try. If nothing else, you can find out exactly what needs to be done for that release, and get things set up so DH just has to sign a letter.

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Wow! Thanks!

I've also written a simple validation letter to GRC...I've never written one before, so I thought I would keep it simple. Since I don't have the Account# yet or the amount of the debt, I left it blank for the time being.

To Whom It May Concern,

This letter is being sent to you in response to the initial phone call I received from your agency on July 13, 2007. You stated that I owe a debt of $(insert amount). Under my rights as per the FDCPA I request that you validate this debt.

Anything else I should add to the body of the letter?:confused:

I appreciate all of your help so far!

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Another note of concern, since this would be a written agreement, we live in Virginia now (obviously haha) and the debt occurred in WV. SOL for VA on written is 5 years and WV is 10. Could they use the 10 years if they sued?

I don't know, I guess I'm still wondering why this wouldn't have been covered by his federal student loan through Direct Loans...

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