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Must CA pull collection records from CR during validation process?


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I thought I remembered reading on here a while ago that the CA had to pull their collection record from the CRA during the validation process?

I'm in AZ and just had 2 records hit my CR from the same CA regarding 2 nsf checks (appear to be checks my ex wrote against a closed account). I called the CA and they had my address wrong and the bank name wrong. I asked for verification/validation of the debt since they had so much incorrect information. I also requested that they remove the record while they validate as the information they had was incorrect. At that point the agent got extremely irritated, told me they absolutely would not remove the record and started shouting. I immediately asked for a supervisor and she said that she was the supervisor and that there was no one else higher than her there today. I said great, then put me into your boss's voice mail, at which point she hung up. I called back, spoke to the receptionist, who then transferred me to the voice mail for the VP of Operations. CA is United Compucred.

Thanks!

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Since you're in AZ, check to see if they are licensed to operate in AZ:

AzDFI: Collection Agencies

If they are not, file a complaint for unlicensed activity. Then call the VP of Ops back and tell them you did so and to expect a fine...

Let him/her know that you'll hold off on suing if the item is removed from your CR.

Interesting. Thanks for that link. They do not appear to be licensed in AZ.

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Just got off the phone with AZ DFI. This agency's license expired back in May 2010. They however cannot pursue action against this CA unless I can prove the CA has attempted collection action against me. They do not consider a posting on a CR to be collection action, per Arizona Revised Statutes. I was told that I would need a letter from the CA to prove action, then the DFI would go after them.

In the meantime, do I call the CA back and tell them to go pound sand because their license is expired and they are therefore in violations of FCRA and FDCPA? Or do I wait for the letter?

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Wait for their letter...go ahead and file the complaint based on the phone call, since that was clearly an attempt to collect.

From there, see what happens. My guess is they will go away.

Not being licensed is technically a class I misdemeanor - meaning that criminal charges can be pressed and if found guilty, can do up to 6 months in jail. However, AZDFI mainly assesses civil money penalties against the company - the lowest I've seen is $5k.

In the meantime, dispute the TL on your credit report. You might be able to catch them in an FCRA violation.

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I read some of the stories about CAs on here and think "can the CA really be that stupid?"

Well, yes.

United Compucred called me this evening. This after my verbal communication that I wanted a DV (and I did send a DV letter on the 26th but it has not made it to them yet). I explained to this new person that 1) I had talked to a representative from their office on 12/26 and had requested a DV, and as such all collection activity is supposed to cease until the DV is complete; 2) their license as a CA in Arizona expired last year so they were now also guilty of operating without a license, and 3) I had done my own research and know for a fact the OC had been paid several months ago and thus they were guilty of reporting inaccurate information on my CR. The rep tried to cut in with "well I don't know about any of those things, just that you owe us money". At that point I asked for the VP of Ops by name (Nikki Norman). The rep tried to pull a "I don't know who that person is." So I asked the rep for her name and to spell it slowly so that I could make sure I had it correct in my complaint to the State and somehow the call disconnected. These people really are that stupid.

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I did exactly that. I sent it off around noon on Wednesday and gave them until noon on Thursday to respond. I stated that I would file the attached AZDFI complaint as well as file suits for FCRA and FDCPA violations.

I received this email response this morning, with the following attachments...

Email

Mr. xxxxxxxx,

Per your request please find a deletion confirmation letter attached to this email. I have attached a cover letter along with letters confirming our emergency deletion request to all three credit bureaus for your records. I will also send out copies via regular mail.

Should you need anything additional please do not hesitate to contact me.

Sincerely,

xxxxx xxxxxxx

Cover Letter

Dear Mr. xxxxxxxxx:

This letter is in response to your correspondence to us dated 12/28/11 regarding xxxxxxxxxxxx. We have permanently closed all of our files with regards to these accounts and have requested an emergency deletion from all three credit bureaus. I have attached copies of your original items along with confirmation letters for your records.

These accounts will be satisfied with the merchant and no further communication will be made to you regarding these items from our firm or any other firm.

Should you need anything additional please do not hesitate to contact me.

Sincerely,

xxxxxxxxxxxxx

VP Operations

Here is the letter (2 copies, one for each account they reported)

Dear xxxxxxxxx,

Thank you for the information you recently provided us regarding the account we placed with the credit bureaus (Experian, Trans Union, Equifax). As a result of this provided information we have instructed the three above mentioned credit bureaus to delete this account from their files.

This account is no longer in dispute status.

Should you have any questions regarding this account, please contact the Credit Bureaus.

Sincerely,

Dewey, Screwem & Howe

I see this as a win.

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