PupnCub Posted November 21, 2012 Report Share Posted November 21, 2012 Hello Everyone,I am still continuing to deal with CACH LLC on a debt so here is where we stand now. I will insert my questions in the post. This debt went from the OC to a 3rd party agency who I nailed on FDCPA violations. In September this debt then went to the Law Offices of J. Bonewicz. When I spoke to their rep on the phone there were clear violations to the FDCPA. My Attorney sent them a letter and he is handling the FDCPA violations from Bonewicz. Today I found out (via credit alert w/ Experian) that on November 15, 2012 CACH LLC put this account on my Experian Credit File, even though they know I am represented by an Attorney and the account is disputed. (question) does this violate the FDCPA by CACH, LLC further? Apparently Attorney Bonewicz is no longer the Attorney handling the account, CACH, LLC has transferred it to another Attorney who is in Denver CO. (question) do I have to send another DV letter to this new Attorney or should I send it to CACH, LLC since they are the ones who placed the negative trade line on my credit file AND do I also dispute this with Experian? I have not received any dunning letter from this new Attorney who received it in his office on 10/24/2012 according to CACH, LLC. I am trying to make sure that I am taking the right steps here to dispute this account. I spoke to a CACH, LLC Rep today and she told me they have thousands of Attorney's who will know how to handle me. I am thinking that I should also dispute this with Experian, and check the other CB's to see if anything is listed on their as well. Any insight as to what I should do? Link to comment Share on other sites More sharing options...
BV80 Posted November 21, 2012 Report Share Posted November 21, 2012 This is a little confusing. You said the account went from the OC to a 3rd party agency. Now Cach has it. Did Cach purchase it from the OC?From what I understand, CACH normally purchases debts. I don't know if they merely collect for other companies. Link to comment Share on other sites More sharing options...
PupnCub Posted November 21, 2012 Author Report Share Posted November 21, 2012 I will clarify - The account started with GE Capital Retail Bank - it was then 'purchased' by 'Integrity Financial Partners' - now it was purchased by CACH, LLC and assigned to the Law Offices of John C. Bonewicz, in Illinios - the account was now taken out of Bonewicz's office and transferred to a different Attorney in Denver, CO. CACH, LLC is still the owner of this account - they purchased it from the OC after Integrity failed to collect the debt. CACH is bouncing this account around from Attorney to Attorney. Does that explain things a bit better?Thanks. Link to comment Share on other sites More sharing options...
1stStep Posted November 21, 2012 Report Share Posted November 21, 2012 If it's not marked as "disputed" on your CR, then that is an FCRA and an FDCPA violation. Link to comment Share on other sites More sharing options...
BV80 Posted November 21, 2012 Report Share Posted November 21, 2012 How and with whom have you disputed the account? Did you send a timely DV request (within 30 days of the first communication) to Cach?Did Cach place the TL on your CR before or after you disputed with them? Link to comment Share on other sites More sharing options...
BV80 Posted November 21, 2012 Report Share Posted November 21, 2012 (edited) If it's not marked as "disputed" on your CR, then that is an FCRA and an FDCPA violation.If it is an FCRA violation, there's no private right of action. You only have a private right of action under the FCRA when you dispute first with the CRAs.However, it would be an FDCPA violation if the debt was disputed with Cach before it was placed on the CR. Edited November 21, 2012 by BV80 Link to comment Share on other sites More sharing options...
PupnCub Posted November 21, 2012 Author Report Share Posted November 21, 2012 The debt was disputed with CACH in September and they never responded to the DV letter, they just went and placed it on my credit report in November.I do have copies of the CMRRR and dispute letter that was sent to them. Link to comment Share on other sites More sharing options...
1stStep Posted November 21, 2012 Report Share Posted November 21, 2012 OK - so you will want to do two things...1. Dispute with the bureaus;2. Send a letter to CACH, let them know you are now aware of their tradeline and that it was not marked as disputed and that now constitutes a FDCPA and Rosenthal violation. Link to comment Share on other sites More sharing options...
BV80 Posted November 21, 2012 Report Share Posted November 21, 2012 I don't know if the OP can claim they're in violation of the Rosenthal Act. Although Asset might be out of CA, the OP is not. The OP would have to show that violating a CA state law applies to the PA federal court or the 3rd Circuit Court Appeals.Since the OP has an attorney, hopefully that attorney will know. Link to comment Share on other sites More sharing options...
1stStep Posted November 21, 2012 Report Share Posted November 21, 2012 Totally missed that... my medicine wasnt working... Link to comment Share on other sites More sharing options...
BV80 Posted November 21, 2012 Report Share Posted November 21, 2012 Totally missed that... my medicine wasnt working...Considering I sometimes miss details, it makes me feel better when other members do the same. Link to comment Share on other sites More sharing options...
PupnCub Posted November 21, 2012 Author Report Share Posted November 21, 2012 Thanks for the info you all are great ... I will update when they are available in the event anyone else has to deal with these idiots ... Link to comment Share on other sites More sharing options...
PupnCub Posted December 2, 2012 Author Report Share Posted December 2, 2012 Ok I have sent a validation letter to CACH, LLC and when the CMRR card was returned it was stamped as "Received Square Two Financial". I then received a call from Square Two Financial stating that Attorney Lowery has the account and that all correspondence has to go to him and not CACH, LLC. If I have any dispute he has to handle it and CACH, LLC is not part of the equation ... <--- But I was not given an address or phone number for Mr. Lowery she just hung up the phone on me. So now I am really confused. CACH has the negative trade line on my credit reports and CACH used to be owned by Lowery, however it is now called Square Two Financial. Is the letter requesting validation now null and void since CACH, LLC is saying that I have to talk directly with Attorney Lowery, even though CACH is reporting the negative account. Do I have a valid dispute with collection agency since Square Two has (1) - never sent me a letter of demand but is reporting it under another collection agency that was sold in 2005. Should I send a seperate letter of validation addressed specifically to Square Two Financial regarding the accounts they say I have with them?Sorry if I sound confusing, I am trying to figure what collection agency has this account now is it CACH, LLC, Square Two Financial, or The Law Offices of Scott Lowery. Link to comment Share on other sites More sharing options...
1stStep Posted December 3, 2012 Report Share Posted December 3, 2012 From what I have read, CACH may be a subsidiary of Square Two... Link to comment Share on other sites More sharing options...
nobk4me Posted December 5, 2012 Report Share Posted December 5, 2012 Make that CACH IS a subsidiary of Square Two. I would correspond with Lowery. The CACH modus operandi is they have law offices that are franchisees of CACH, all over the country. The accounts go from one lawyer/franchisee to another. It's kind of like playing whack-a-mole. I would keep sending the DVs, to the office that contacts you, whenever you are contacted by any of them. Link to comment Share on other sites More sharing options...
Torden Posted December 5, 2012 Report Share Posted December 5, 2012 Ok I have sent a validation letter to CACH, LLC and when the CMRR card was returned it was stamped as "Received Square Two Financial". I then received a call from Square Two Financial stating that Attorney Lowery has the account and that all correspondence has to go to him and not CACH, LLC. If I have any dispute he has to handle it and CACH, LLC is not part of the equation ... <--- But I was not given an address or phone number for Mr. Lowery she just hung up the phone on me.If it wasn't in writing, it didn't happen.So now I am really confused. CACH has the negative trade line on my credit reports and CACH used to be owned by Lowery, however it is now called Square Two Financial.Are they still the listed party?Is the letter requesting validation now null and void since CACH, LLC is saying that I have to talk directly with Attorney Lowery, even though CACH is reporting the negative account.Do all your communication in writing. What phone call?Do I have a valid dispute with collection agency since Square Two has (1) - never sent me a letter of demand but is reporting it under another collection agency that was sold in 2005.If they are furnishing the TL it to the CRA, they are the party to deal with.Should I send a seperate letter of validation addressed specifically to Square Two Financial regarding the accounts they say I have with them?DV every party trying to collect.Sorry if I sound confusing, I am trying to figure what collection agency has this account now is it CACH, LLC, Square Two Financial, or The Law Offices of Scott Lowery.Any. DV all. That puts all under the "validate or quit or pay me $1000" umbrella. Link to comment Share on other sites More sharing options...
Torden Posted December 5, 2012 Report Share Posted December 5, 2012 Make that CACH IS a subsidiary of Square Two. I would correspond with Lowery. The CACH modus operandi is they have law offices that are franchisees of CACH, all over the country. The accounts go from one lawyer/franchisee to another. It's kind of like playing whack-a-mole. I would keep sending the DVs, to the office that contacts you, whenever you are contacted by any of them. I'd still communicate ... only in writing ... with Square Two Financial. If they tell me ... only in writing ... to contact another party, would I stop contacting them. And I probably won't contact the other party (Lowery) unless they communicate, try to collect, place a TL, or sue. The phone call must have been garbled because I never heard an address. Link to comment Share on other sites More sharing options...
saytar Posted December 7, 2012 Report Share Posted December 7, 2012 Found this on a lawyers site..............Lemberg & Associates is a Connecticut Law Firm Square Two Financial, formally known as Collect America, has been in business since 1994, and operates out of Denver, Colorado. According to the Better Business Bureau, the agency has also operated under the names Healthcare Funding Solutions LLC, CACH LLC, CACV of Colorado LLC. The collection agency collects very old debt that has been charged off, or has otherwise proven uncollectable. They do this on a contingency basis, which means that if they don’t collect, they don’t get paid. The agency has been in business since 1994. Link to comment Share on other sites More sharing options...
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