tempteroffate

FDCPA for dealing with OC directly?

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I got a settlement offer letter from NCA for a debt I, ironically, have a letter from the OC that states the account was paid in full (I thought it was an email, but now I can't find it in any of my email accounts which means it's a physical letter somewhere I may need to dig up).  Anyway, I am planning to send them a FOAD letter in response and wanted to cite the FDCPA that says I have the right to deal with the OC directly, but I have been through the statutes a couple of times and just can't seem to find the correct one. Can someone point me in the right direction? 

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Dig long enough and eventually you may come up with the answer on your own.  Or such was the case with me. I found what I was looking for... sort of.... 

The right to dispute the debt with the OC directly is FCRA § 623(a)(8) and not a part of the FDCPA at all and given this particular collection isn't appearing on my CR yet, it is irrelevant to my FOAD letter to NCA.  

I would suggest that the Admins may feel free to delete this topic entirely, but hopefully the next person looking for this information won't have as far to search before coming upon it. ;) 

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Howdy,

The FDCPA does not give a consumer the right to deal directly with the original creditor.  In many cases, the original creditor has sold off the account in question and no longer has anything to do with it.  The FCRA as tempteroffate mentioned does not apply here, as that refers to disputing entries on your credit reports.  The most important thing you can do at this step is find that letter.  I would not even send them a copy at this point, the fact that you have a letter(and can find it) shows that they have no legitimate reason to be contacting you.  If the debt is paid in full and they are still trying to collect on it, that in itself is a potential FDCPA violation against NCA.  In the FDCPA, under unfair practices I believe, it says that they cannot misrepresent the amount, character or status of any debt.  Claiming you owe a debt when it has been paid in full fits that perfectly.  How long ago did you pay it off?

Wheels up,

Stick

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