@NinComPoop wrote:
Thank you for your response.
I have not had any contact with the CA except for a phone call from them. At the time of the call I told them to never contact me again at the number and if they want to communicate with me do it in writing only. Since then there has been no communication and that was probably in July.
When the CA added themselves to all 3 bureaus in Aug, the original CO fell off EQ and TU on Sept 1st. I disputed TU and got them removed, but when I disputed with EQ it came back as verified for some reason. I spoke with a CSR for EQ and was told that it will fall off in Jan.
Since EX hasn't removed the original CO yet, I haven't initiated any requests for dispute or DV of any sort for my EX report, but maybe a week ago I pulled my report and it shows up as I'm disputing the CA. Weird.
Message Edited by NinComPoop on 11-27-2009 01:00 PM
I'm glad they've have left you alone so far but by law just telling a CA to stop contacting you over the phone is not enough.
FDCPA 805(c):
CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except—
(1) to advise the consumer that the debt collector’s further efforts are being terminated;
(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
If such notice from the consumer is made by mail, notification shall be complete upon receipt.
Also after the first contact by a debt collector:
FDCPA 809. Validation of debts
(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing—
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
It sounds like they may be in violation of this.
Message Edited by marinevietvet on 11-27-2009 05:43 PM
