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Can a CA Send letter with out reporting to CRA first?


win270
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Wandering if ELITE-CA Can Send me a Collection Letter before Reporting to CRA?

Will it do any good to send DV to them before they report to CRA?

I was going to Dispute OC Last payment date. Should I go Ahead with this or wait?

Thanks for any help!

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Wandering if ELITE-CA Can Send me a Collection Letter before Reporting to CRA?

Sure, there is no law saying they have to report anyhting.

Will it do any good to send DV to them before they report to CRA?

If you got a dunning letter from them, you should DV.

I was going to Dispute OC Last payment date. Should I go Ahead with this or wait?

Dispute with the CA? Nah, don't do that.

Just send them a short DV that says " RE: ACC#123455

I received your dunning letter dated 7-29-07. Your claim is disputed, validation is requested".

-r

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They had BETTER send me a letter before reporting. I know there is question as to whether this is a violation of the FDCPA, but as far as I'm concerned, I'm using it!

15 U.S.C. § 1681s-2 (7)

(7) Negative Information

(A)

Notice to Consumer Required

(i)

In general. If any financial institution that extends credit and regularly

and in the ordinary course of business furnishes information to a con-

sumer reporting agency described in section 603(p) furnishes negative

information to such an agency regarding credit extended to a customer,

the financial institution shall provide a notice of such furnishing of

negative information, in writing, to the customer.

(ii)

I know, this could mean that they can notify you AFTER they have reported, however, it could be a crap shot in court and if the debt isn't worth the CA defending it might persuade them to delete.

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Why DV if they are not reporting? I have received many things from CA's and have ignored them all. They have never reported on my CR.

If you don't DV then you lose some rights under the FDCPA. They CAN report if they choose to after your failure to DV. If you didn't DV and then decide to after they are reporting, they are not required to stop collection practices until validation is provided which means, they remain on your CR. If you DV before they report and they never respond to your DV and then report, they have broken the law.

bigjohnstud

JDBs and CAs are not financial institutions that extend credit.

If the CA/JDB is claiming your debt to be an "installment" account or a "factoring company", would you say they are taking the role of a financial institution? Not trying to argue, just wanting to get some opinions on it. I guess this should probably be it's own thread. <shrug>

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