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CACH LLC reportin to CRAs


WindVessel
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Good Evening  you all!

I am having an issue with CACH LLC a Collection Agency.  After  I stopped payments due to lost of job I become delinquent with CITI Credit  Card.  They tried several collection efforts and time after, CITI sent me a Letter stating they have sold account to CACH LLC and removed my account from my Credit Report.

 I sent a letter asking for Verification of Debt to CACH LLC and requested a Cease and Desist phone contact stating that all contact must be done in Written and by USPS Certified Mail.    Never got a Certified Mail from CACH LLC and since 3/1/2014 shows up in my Credit Report as follow:

 

CACH LLC

AC######

Collection Agency

Balance: $0.00

Past Due: $0.00

Date Opened: 3/2014

Payment Status: No Status

High Balance: $0.00

 

Account in dispute under Fair Credit Billing Act.

 

My questions are:

-If CACH LLC never validated the account or provided a Copy of a Contract showing a contractual relationship between us why is reporting the Debt to all Credit Report Agencies.

 

-Are they allowed to do it under FCRA and FCBA?

 

-Does it is possible to remove permanently the CACH LLC negative report from my Credit Report.  If it is possible what I will do?

 

I want to thank you for your attention and help to solve this matter.

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@WindVessel
 

CITI sent me a Letter stating they have sold account to CACH LLC and removed my account from my Credit Report.
I sent a letter asking for Verification of Debt to CACH LLC


Technically, per the FDCPA, you're supposed to wait for a debt collection letter (containing the 30 days notice to dispute) from the Junk Debt Buyer (JDB) before mailing a debt validation letter to the JDB.
 
Now you have no evidence the JDB mailed you a debt collection letter, and it is not obligated to do so, unless it makes an initial communication to you by telephone or by letter (without the 30 day notice to dispute).

 

Therefore unless the JDB made initial communication with you, followed up by mailing you a debt collection letter (containing the 30 days notice to dispute), your debt validation request can be ignored.
 
However, since you are in Texas, the Texas Finance Code § 392.202  gives you the right to dispute with the JDB anytime, without any such preconditions, and the JDB must respond back to you within 30 days.
 
Has more than 30 days elapsed since the JDB received your dispute letter?  (This assumes you mailed it CMRRR, else you wouldn't know the receive date.)
 
If more than 30 days elapsed with no written response from the JDB, then you may have a civil remedy against the JDB, per the Texas Finance Code.  But the problem is, it might be your word against theirs.
 
Note:  For the Texas Finance Code, the key word is "dispute", not "verify" or "validate".  There is no mention of debt validation within that code.
 

requested a Cease and Desist phone contact stating that all contact must be done in Written and by USPS Certified Mail.

 

There is no such thing as a "partial" cease and desist communication, as you had requested, per the FDCPA.  Most likely, the JDB will treat it like a full cease communication.

 

Though I cannot be sure, there are some on this forum who say a full cease communication could trigger a lawsuit.

 

No right exists in the FDCPA for you to receive letters from the JDB certified mail (CMRRR).

 

Never got a Certified Mail from CACH LLC


The JDB is not obligated to mail it to you CMRRR.
 

Account in dispute under Fair Credit Billing Act.


From my reading of the Fair Credit Billing Act, this should only apply to the Original Creditor (OC), not a JDB (though I do not know this for sure).
 
If the OC were following the FCBA, then it had 30 days to notify you in writing (after receipt of your dispute letter) that it is investigating your dispute, and must had responded back to you no later than 90 days.
 

-If CACH LLC never validated the account or provided a Copy of a Contract showing a contractual relationship between us why is reporting the Debt to all Credit Report Agencies.

 
Per the FDCPA, the JDB is not obligated to consider your debt validation, since you have no proof that the JDB mailed you a debt collection letter (containing the 30 day notice). 
 
No initial communication to you, no debt collection letter.  No debt collection letter, no debt validation.  (Remember, you can only request debt validation after receiving the debt collection letter from the JDB.)
 
That is the proper order.  If that sequence did not happen, then you should not expect the JDB to debt validate.

 

Furthermore, even if all the necessary prerequisites are met, there exists no obligation for the JDB to do a debt validation at all.  None whatsoever.  But it would have to stop debt collection, until it validates.

 

No, the JDB does not have to provide you a copy of the contract.
 

-Are they allowed to do it under FCRA and FCBA?


FCRA has nothing to do with debt validation.  Neither does the FCBA.
 

-Does it is possible to remove permanently the CACH LLC negative report from my Credit Report.  If it is possible what I will do?


If the JDB violated the Texas Finance Code, you may have a chance.  But you should contact a lawyer in your state, such as from NACA:
 
http://www.consumeradvocates.org/

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