02-16-2013 06:37 PM
I sent a DV to Credit Management regarding a $59 collection for a cable modem that was returned. This morning I received a email from EX stating the debt is valid.
This evening I got a missed call from CMI. Trying to find a solution and get this addressed, I called them back. Entered my SSN and the automated machine states that CMI is not longer collecting this debt and my account has been withdrawn. Did they remove it?
02-16-2013 08:09 PM
02-16-2013 08:19 PM
OC was Time Warner. When I moved from California to Colorado, I forgot to turn in the modem. Upon unpacking, foudn the modem, called TWC and asked them where to send it. Only have the reciept showing the payment to the USPS showing I shipped something.
02-16-2013 08:41 PM
02-16-2013 08:43 PM
Correct. TWC is saying no receipt of the modem. That is why I sent the DV with my explination of the modem being sent back.
So when the DV came back today, it says valid. However when I called the CA, they state no longer have my account.
02-17-2013 02:44 AM
If the DV was sent to the debt collector, how did EX become involved and validate the accuracy of the debt? They are not party to a DV process.
Did you separately send them a dispute under the FCRA?
If the debt collector is out of business, they are no longer collecting on the debt, so any cease collection bar would be irrelevant
There is no requirement to respond to a DV, so it appears the entire DV issue is moot.
I am unsure what withdrawal of the collectin means.... they are no longer collecting, or that the reporting will be detleted.
To compel deletion would require some basis for disputing. If they are no longer in business and thus dont respond back to the CRA, then the CRA will most likely hold the dispute unverified and delete their reporting.
02-18-2013 10:31 AM - edited 02-18-2013 10:31 AM
I filed the dispute through EX. That is what came back as valid.
The Debt Collector is not out of business. It is Credit Management in Texas. They are still in business.
I have a feeling they are no longer collecting but I have no idea as to why? Could it be from my dispute?
02-18-2013 11:12 AM
Still a bit confusing...
Did you send both a dispute under the FCRA, and a separate DV?
DVs only go to a debt collector. Their is no process for requiring an OC to provide debt validation.
If you disputed, I presume it was the accuracy of the reporting of the collection, and thus addressed by the debt collector, and not a dispute of any reporting made by the OC, which would have been verified by the OC.
If you sent an actual DV to the debt collector, which the original post indicates, then their cessation of collection would be mandated by the cease collection bar imposed by the DV.
If their collection authority has been terminated, it could have resulted, if the OC still owns the debt, from a simply termination of their mutual collection agreement, done by either party. So the OC would then be free to assign to a new debt collector.
If the debt collector owns the debt, termination of their authority could indicate sale of the debt to another, which could lead to the reporting of a new collection.