What happens if you don't receive a notice from a CA?

[polysaturate]

Hello all,

Have a possible weird predicament here. Didn't see any posts with quite the same issue.

Charged of from BoA, was at NCC for a while. I called them, they called me. We could never come to terms on a settlement. Recently they haven't called in about 4 months.

I come to find out that between BoA and NCC, my account has been moved to another agency on 06/02/2010. The word sold was not used and my CR's do not state the debt belongs to anyone other then BoA.

After multiple calls BoA still refuses to discuss any matters regarding my account.

Now, upon calling BoA today, I found out then never ever ever updated my address from 3 houses ago.

So, if the new CA(National Enterprise Systems) has sent my notices to an old address. How does this effect me as other then contacting BoA, I would have no idea it was moved?

Does this entitle me to worming my way out of it? Violations on the CA's behalf?

Any insight with someone more knowledgeable would be of great help.

[polysaturate]

Spoke with BofA and they said absolutely we WILL not talk to you on such a delinquent account. Either pay in full or contact the collections agency.

[debtorshusband]

You're just speculating that NES might have sent letters to an old address. It's more likely that your account is just at the bottom of their stack, and it's taking time to get to you. Because if your credit report has your correct address, they'll figure out how to find you.

So, until they do contact you, just wait. Now, you are obligated to make sure BofA has your correct address. If you've done that, you can't be responsible for them not sending mail to the right place.

If you're worried about losing rights under the FDCPA because their "initial" letter went to the wrong address, don't. Once you do hear from them, you tell them it's the first communication and you invoke your FDCPA rights.

Now, the reason BofA can't talk to you right now is because once they've sent an account to a Collection Agency, there is an agreement between the two of them for the CA to get their shot. If a CA contacts you, and then you go to BofA and pay, the CA doesn't get their commission, and yet their efforts were what motivated the payment. So BofA has to agree to let payments go through the CA, so that the CA gets rewarded for their successful efforts.

So, here's what I think you can do:

- Wait until you hear from the CA. Until you do, be thankful for the respite.

- When you hear from the CA, you can tell them that it is your policy not to deal with CA's, that you will deal with the Original Creditor, and they are to Cease Communication with you. Requesting a Cease Communication is one of your rights under the FDCPA. Then the CA has to send the account back to BofA.

- Then you have essentially ended the contractual obligation between the Ca and BofA, and you can work with BofA.

Good luck,

DH

[polysaturate]

So, here's what I think you can do:

- Wait until you hear from the CA. Until you do, be thankful for the respite.

- When you hear from the CA, you can tell them that it is your policy not to deal with CA's, that you will deal with the Original Creditor, and they are to Cease Communication with you. Requesting a Cease Communication is one of your rights under the FDCPA. Then the CA has to send the account back to BofA.

- Then you have essentially ended the contractual obligation between the Ca and BofA, and you can work with BofA.

Good luck,

DH

This is in no way doubting your knowledge, but I had a few more questions...if you don't mind:

- I have heard horror stories regarding C&D with CA's ending in no communication about the debt whatsoever until a lawsuit comes along. I'd very much like to stay out of court.

- If the account does go back to BofA, won't they just turn around and send it off to yet another CA or sell it to a JDB?

- I'm really willing to work towards getting rid of this damn thing. Is dealing with a CA really that much of a "shot in the foot"? I am looking towards some purchases within the next year(engagement ring and qualifying for a mortgage with said future other half(she has Excellent credit))

- Is it illegal for anyone to speak with the CA on behalf of me? I really never found an answer for this question. I'm just not the best at negotiation circumstances...heh

Thanks

[debtorshusband]

It is certainly true that sending a Cease Communication letter can result in a lawsuit being filed. But remember that a Collection Agency can't sue. They just send the file back.

And it's also possible BofA will hire another CA or sell to a JDB. Or hire a lawyer and sue. And if they're bound and determined to sue, you probably can't stop them.

But I think you can minimize the chances of these things happening by sending two letters at the same time: the first telling the CA you don't want to deal them and they are to stop contacting you, and the second to BofA, telling BofA that you have told the CA to cease communication with you and you want to work with BofA, and maybe making your settlement offer.

Now you have what I would call "extenuating circumstances," what with an engagement ring and applying for a mortgage. This is like being a "motivated seller" in the real estate game. So if you really want to deal with the Collection Agency, go ahead. Just be prepared for a very frustrating and irritating experience as they try to get every last nickel from you, ask for your private financial data, etc. If you're lucky, they'll make illegal threats and call you nasty names, and then you can sue them! (Think about taping all your conversations with them.) It may be better to do all your communcation in writing. You're certainly going to want to get any agreement in writing before you send them a dime.

Finally, I don't think you can designate just anyone to speak for you. Your spouse can speak for you, or your attorney, but that's about it unless you're a minor or dead. Read Section 805 of the FDCPA (15 USC 1692c). In part it says:

d) For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

Good luck,

DH

Edited August 5, 2010 by debtorshusband
added section of FDCPA