New CA is calling after Debt Validation Request to original CA

[1ManArmy]

Hello everyone,

 

I have two Chase CC that are well past due. The first account is over 180 days late and the other is rapidly approaching 180 days late.

 

Here's a chronological breakdown:

 

1) On Feb 1st I received two letters from CA claiming that they are the debt collection company hired by Chase. Claimed that if I don't dispute the validity of the debt it will be considered a valid debt.

 

2) I wrote them a Debt Validation Letter within 30 days via CERTIFIED USPS with return receipt. I received the return receipt that was signed for on March 1, 2013.

 

3) On April 2nd, 2013 I received a letter from Chase stating that my  oldest account is scheduled to be Charged Off. Haven't received anything from Chase about a Charge Off on the other account, yet.

 

4) A week later I checked my Credit Report and Chase is reporting the accounts as CLOSED and it also shows them as XXX Days late. No sign of any CA reporting anything on my CR. I still receive monthly statements from Chase about my past due CC's.

 

5) I never heard back from the CA after I sent them a Debt Validation Request. So I wrote them a Debt Validation Follow Up Letter earlier this week. Basically telling them that they have failed to respond to my request to Validate and that they MUST stop reporting that my account is past due. (Even though they are not the ones reporting it as a negative account, Chase is). I also sent this letter via CERTIFIED USPS with return receipt.

 

6) I just checked my mail and no return receipt yet but I did receive a letter from a NEW CA claimed I owe them $XXX.XX dollars and that I should only communicate with them and NOT Chase as they have been hired by Chase to collect. I only received one letter and this was for my older account past due. More than 180 days.

 

 

So I now have the following questions:

 

1) It appears that the first CA has sold the debt to the new CA. Is this legal for them to do without validating or responding to my request to validate the debt?

 

2) I assume that the first CA will not respond to my debt validation request followup letter. Should I file suit against them for continuing to report on my CR that I am late without validation?

 

3) Do I send a NEW Debt Validation Request Letter to the new CA? I don't want to blow them off and then have them obtain a judgement against me.

 

4) When should I contact the 3 Credit Bureau's about the negative accounts being reported on my CR's without being validated? I obviously would like these negative accounts removed off my CR ASAP.

 

Any help would be greatly appreciated. I am new to this and thus far this website and forum has been a great help to me. 

 

Thanks for all your future input!

 

[Amerikaner83]

Hello everyone,

 

I have two Chase CC that are well past due. The first account is over 180 days late and the other is rapidly approaching 180 days late.

 

Here's a chronological breakdown:

 

1) On Feb 1st I received two letters from CA claiming that they are the debt collection company hired by Chase. Claimed that if I don't dispute the validity of the debt it will be considered a valid debt. Standard verbiage

 

2) I wrote them a Debt Validation Letter within 30 days via CERTIFIED USPS with return receipt. I received the return receipt that was signed for on March 1, 2013. Good. CMRRR

 

3) On April 2nd, 2013 I received a letter from Chase stating that my  oldest account is scheduled to be Charged Off. Haven't received anything from Chase about a Charge Off on the other account, yet.

 

4) A week later I checked my Credit Report and Chase is reporting the accounts as CLOSED and it also shows them as XXX Days late. No sign of any CA reporting anything on my CR. I still receive monthly statements from Chase about my past due CC's. So no CAs on the report yet..that is good.

 

5) I never heard back from the CA after I sent them a Debt Validation Request. So I wrote them a Debt Validation Follow Up Letter earlier this week. Basically telling them that they have failed to respond to my request to Validate and that they MUST stop reporting that my account is past due. (Even though they are not the ones reporting it as a negative account, Chase is). I also sent this letter via CERTIFIED USPS with return receipt. WHY on Earth would you send a followup?  And sending the CA a letter that they have to stop reporting something that they're not reporting in the first place...that makes you look crazy in their eyes...should have left well enough alone. That's the process.

 

6) I just checked my mail and no return receipt yet but I did receive a letter from a NEW CA claimed I owe them $XXX.XX dollars and that I should only communicate with them and NOT Chase as they have been hired by Chase to collect. I only received one letter and this was for my older account past due. More than 180 days.  This is CA number two, on debt number one (the older one)

 

 

So I now have the following questions:

 

1) It appears that the first CA has sold the debt to the new CA. Is this legal for them to do without validating or responding to my request to validate the debt?  Nope, that's not what happened...this is:.  The first CA went away with the DV, and the debt got sent back to Chase.  Chase then sent it to the new CA for collection.

 

2) I assume that the first CA will not respond to my debt validation request followup letter. Should I file suit against them for continuing to report on my CR that I am late without validation? NO.  They don't have to respond to you...they're not on your report...you're DONE with the first CA. I thought you said there was no sign of a CA on the report...now you say there is...which is it?

 

3) Do I send a NEW Debt Validation Request Letter to the new CA? I don't want to blow them off and then have them obtain a judgement against me.  Yes, new DV...just like you did with the first CA.  But this time, don't bother with the "Followup letter" thing. And don't worry about a Judgement yet...you're not even close to that point.

 

4) When should I contact the 3 Credit Bureau's about the negative accounts being reported on my CR's without being validated? I obviously would like these negative accounts removed off my CR ASAP.  The negative accounts being reported by CHASE, right...? You never said that a CA has their entry on your reports...only Chase. 

 

Dispute with Chase. 

see my responses in red.

 

 

It appears as if you're a bit confused about what is and is not required regarding the DV process and how it applies to the CAs and the bureaus.  Read through the links at the top of the page, paying special attention to the Debt Validation and Credit Repair links.

 

And welcome to the forums!

[BV80]

@1ManArmy

 

2) I assume that the first CA will not respond to my debt validation request followup letter. Should I file suit against them for continuing to report on my CR that I am late without validation?

 

How can you sue the CA for continuing to report when they're not reporting in the first place?

 

If you're referring to the fact that Chase is still reporting, your DV to the CA has nothing to do with Chase's reporting on your CR.  Debt validation has to do with debt collectors and the FDCPA.  It has nothing to do with original creditors.

[1ManArmy]

First off thank you for the great response. Also thank you for the warm welcome!

 

And yes I am absolutely a bit confused about this process.

 

1) So I assume I just wait to see what happens with the 2nd account that is almost 180 days late? I'm pretty sure I will be hearing from the 2nd CA about my 2nd account soon.

 

2) As of April 5th Chase was the only one reporting that my account was past due and that the account is closed. No sign of a CA on my CR, but I haven't checked in the past 30+ days. I doubt that there has been a change.

 

3) So I will send a DVL to the new CA asking them to validate and to cease all calls and only communicate through mail.

 

4) Yes Chase is the one that is reporting the negative accounts. What is the proper way to dispute the negative reporting with Chase?

 

I have read all of the DV and Credit Repair Links but most are generalizations and I was looking for specific information pertaining to my situation.

 

Thanx again for all of your help and advice!

[BV80]

@1ManArmy

 

In order to dispute the negative entry on your CR, you would need to dispute directly with the credit reporting agencies.  But you need something to dispute.  If Chase is reporting all of the details accurately, there's really nothing to dispute.   However, if something is incorrect, dispute that detail.

[BTO429]

First of all we need to know the names of the ca's

 

Who they are determines how you handle them.

[1ManArmy]

First of all we need to know the names of the ca's

 

Who they are determines how you handle them.

 

The first CA was Allied Interstate LLC.

 

The second CA is Viking Client Services, INC.

 

Thanks!

[BTO429]

Hello everyone,

 

I have two Chase CC that are well past due. The first account is over 180 days late and the other is rapidly approaching 180 days late.

 

Here's a chronological breakdown:

 

1) On Feb 1st I received two letters from CA claiming that they are the debt collection company hired by Chase. Claimed that if I don't dispute the validity of the debt it will be considered a valid debt.

 

2) I wrote them a Debt Validation Letter within 30 days via CERTIFIED USPS with return receipt. I received the return receipt that was signed for on March 1, 2013.

 

3) On April 2nd, 2013 I received a letter from Chase stating that my  oldest account is scheduled to be Charged Off. Haven't received anything from Chase about a Charge Off on the other account, yet.

 

4) A week later I checked my Credit Report and Chase is reporting the accounts as CLOSED and it also shows them as XXX Days late. No sign of any CA reporting anything on my CR. I still receive monthly statements from Chase about my past due CC's.

 

5) I never heard back from the CA after I sent them a Debt Validation Request. So I wrote them a Debt Validation Follow Up Letter earlier this week. Basically telling them that they have failed to respond to my request to Validate and that they MUST stop reporting that my account is past due. (Even though they are not the ones reporting it as a negative account, Chase is). I also sent this letter via CERTIFIED USPS with return receipt.

 

6) I just checked my mail and no return receipt yet but I did receive a letter from a NEW CA claimed I owe them $XXX.XX dollars and that I should only communicate with them and NOT Chase as they have been hired by Chase to collect. I only received one letter and this was for my older account past due. More than 180 days.

 

 

So I now have the following questions:

 

1) It appears that the first CA has sold the debt to the new CA. Is this legal for them to do without validating or responding to my request to validate the debt? yes, they can sell the debt any time they want.

 

2) I assume that the first CA will not respond to my debt validation request followup letter. Should I file suit against them for continuing to report on my CR that I am late without validation? that is up to you, there is case law that says credit reporting is continued collection and there is case law that says the opposite. It will be up to you to convince the judge that it is.

 

3) Do I send a NEW Debt Validation Request Letter to the new CA? I don't want to blow them off and then have them obtain a judgement against me. Yes

 

4) When should I contact the 3 Credit Bureau's about the negative accounts being reported on my CR's without being validated? I obviously would like these negative accounts removed off my CR ASAP. Sure you would like them removed. I would challenge them and see if the old ca that no longer owns the debt claims the account is accurate, they may not bother since they no longer own it, if they do you have more ammo for court if you decide to go that route. That would give strike number two against them. But like i said, it will be up to you to present a good case and convince  the judge that it is continued collection efforts.

 

Any help would be greatly appreciated. I am new to this and thus far this website and forum has been a great help to me. 

 

Thanks for all your future input!

[BTO429]

The first CA was Allied Interstate LLC.

 

The second CA is Viking Client Services, INC.

 

Thanks!

Allied collects on behalf of their clients, they also buy junk debt. Not familiar with Viking Client Svc. There is a Vicking Collection services that has been around since 1969.

[Amerikaner83]

 

1) It appears that the first CA has sold the debt to the new CA. Is this legal for them to do without validating or responding to my request to validate the debt? yes, they can sell the debt any time they want.

 

2) I assume that the first CA will not respond to my debt validation request followup letter. Should I file suit against them for continuing to report on my CR that I am late without validation? that is up to you, there is case law that says credit reporting is continued collection and there is case law that says the opposite. It will be up to you to convince the judge that it is.

 

3) Do I send a NEW Debt Validation Request Letter to the new CA? I don't want to blow them off and then have them obtain a judgement against me. Yes

 

4) When should I contact the 3 Credit Bureau's about the negative accounts being reported on my CR's without being validated? I obviously would like these negative accounts removed off my CR ASAP. Sure you would like them removed. I would challenge them and see if the old ca that no longer owns the debt claims the account is accurate, they may not bother since they no longer own it, if they do you have more ammo for court if you decide to go that route. That would give strike number two against them. But like i said, it will be up to you to present a good case and convince  the judge that it is continued collection efforts.

 

 

 

 

Gunny..a few issues with your response:

 

1 - a CA doesn't sell debts...they only collect.  OP said that each of the letters from the CAs said they were collecting for the OC (Chase).  Which means Chase owns the debts.

 

2 -  The CA did not respond to the DV, they just sent it back to Chase, who sent it to the second CA...you're advocating suing the first CA after they followed the law and ceased communciation?  Also, OP said it was the "DV followup"...which had NOTHING to do with continuing to collect. There are no CAs on the OP's reports, remember?

 

3 - you're correct.

 

4 - OP can't sue the CRAs if he hasn't disputed. Also, since OP said multiple times there are NO CAs on his report, how in the heck is that going to work?

 

 

 

 

 

 

I know you're trying to be helpful and all, but please try to read the entire thread to make sure we're all on the same page when giving out advice?  It eliminates confusion that way.  Thanks.

[1ManArmy]

Gunny..a few issues with your response:

 

1 - a CA doesn't sell debts...they only collect.  OP said that each of the letters from the CAs said they were collecting for the OC (Chase).  Which means Chase owns the debts.

 

2 -  The CA did not respond to the DV, they just sent it back to Chase, who sent it to the second CA...you're advocating suing the first CA after they followed the law and ceased communciation?  Also, OP said it was the "DV followup"...which had NOTHING to do with continuing to collect. There are no CAs on the OP's reports, remember?

 

3 - you're correct.

 

4 - OP can't sue the CRAs if he hasn't disputed. Also, since OP said multiple times there are NO CAs on his report, how in the heck is that going to work?

 

I know you're trying to be helpful and all, but please try to read the entire thread to make sure we're all on the same page when giving out advice?  It eliminates confusion that way.  Thanks.

 

 

Thank you so much for your response.

 

Ok so based on the responses I have gathered the following information:

 

1) The first CA sent it back to Chase because they could not verify. Chase has apparently assigned it to the new CA trying to collect on the behalf of Chase. And this is totally normal and legal.

 

2) So as of now the CA is not reporting anything on my CR so that is good. There is no need to sue because the CA is not reporting anything. I am clear on that now.

 

3) I have already printed out a new DV to the new CA called Viking Client Services who claim in the letter to me that they have been assigned by Chase to collect the debt. I will send this out tomorrow via USPS CMRRR.

 

4) At this point would it be best strategy to contact Chase disputing the charges and the validity of the debt? Or do I send a letter to the 3 CRA to have them investigate the debt and wait the 30 days for them to respond?

 

Thanks for all your help and advice!

[Amerikaner83]

Thank you so much for your response.

 

Ok so based on the responses I have gathered the following information:

 

1) The first CA sent it back to Chase because they could not verify. Chase has apparently assigned it to the new CA trying to collect on the behalf of Chase. And this is totally normal and legal.

 

2) So as of now the CA is not reporting anything on my CR so that is good. There is no need to sue because the CA is not reporting anything. I am clear on that now.

 

3) I have already printed out a new DV to the new CA called Viking Client Services who claim in the letter to me that they have been assigned by Chase to collect the debt. I will send this out tomorrow via USPS CMRRR.

 

4) At this point would it be best strategy to contact Chase disputing the charges and the validity of the debt? Or do I send a letter to the 3 CRA to have them investigate the debt and wait the 30 days for them to respond?

 

Thanks for all your help and advice!

1 - Correct

2 - Correct

3 - Correct

 

4 - Send the Dispute letter to the CRAs first, see what happens.  Are there any inaccuracies on the way Chase is reporting the account?  Late payment date wrong?  Anything like that you can dispute...(you have to have a reason to dispute, not "I don't like this on my report").  This is the very FIRST step in what can sometimes be a lengthy process, so don't get ahead of yourself, ok?  

[nasturtium]

The first CA went away with the DV, and the debt got sent back to Chase.  Chase then sent it to the new CA for collection.

 

Can they just keep doing that endlessly?  That sounds like harassment. 

 

A person would have to keep answering new CA's on and on.

[BV80]

Can they just keep doing that endlessly?  That sounds like harassment. 

 

A person would have to keep answering new CA's on and on.

 

@No Account 86

 

Eventually the debt would be sold to a JDB, but you have to do the same thing with JDBs as you do with CAs.  Unfortunately, new CAs and JDBs can send debt collection notices because although the debt will one day be outside the SOL for collection, that doesn't mean they can't attempt to collect.  Once the debt is outside the SOL, you would send a cease and desist, but a JDB would probably sell it to a new JDB.

[BTO429]

Gunny..a few issues with your response:

 

1 - a CA doesn't sell debts...they only collect.  OP said that each of the letters from the CAs said they were collecting for the OC (Chase).  Which means Chase owns the debts.

 

2 -  The CA did not respond to the DV, they just sent it back to Chase, who sent it to the second CA...you're advocating suing the first CA after they followed the law and ceased communciation?  Also, OP said it was the "DV followup"...which had NOTHING to do with continuing to collect. There are no CAs on the OP's reports, remember?

 

3 - you're correct.

 

4 - OP can't sue the CRAs if he hasn't disputed. Also, since OP said multiple times there are NO CAs on his report, how in the heck is that going to work?

 

 

 

 

 

 

I know you're trying to be helpful and all, but please try to read the entire thread to make sure we're all on the same page when giving out advice?  It eliminates confusion that way.  Thanks.

I am not advocating that the op file a suit was mearly pointing out that the courts are split as to whether reporting to a credit reporting agency is continued collection efforts. Just letting the op know that the other side can find case law to support thier side.

[BTO429]

Can they just keep doing that endlessly?  That sounds like harassment. 

 

A person would have to keep answering new CA's on and on.

welcome to the wonderfull world of debt collection

[BTO429]

Thank you so much for your response.

 

Ok so based on the responses I have gathered the following information:

 

1) The first CA sent it back to Chase because they could not verify. Chase has apparently assigned it to the new CA trying to collect on the behalf of Chase. And this is totally normal and legal.

 

2) So as of now the CA is not reporting anything on my CR so that is good. There is no need to sue because the CA is not reporting anything. I am clear on that now.

 

3) I have already printed out a new DV to the new CA called Viking Client Services who claim in the letter to me that they have been assigned by Chase to collect the debt. I will send this out tomorrow via USPS CMRRR.

 

4) At this point would it be best strategy to contact Chase disputing the charges and the validity of the debt? Or do I send a letter to the 3 CRA to have them investigate the debt and wait the 30 days for them to respond? If what they are reporting is correct why waste your time. they will just verify it.

 

Thanks for all your help and advice!