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@jdxprs1 wrote:
I have a company called HFS calling me claiming to be attempting to collect on a debt held by cavalry portfolio. Cavalry claims the debt was HSBC, but I don't have any account from HSBC or capital one who took them over for anywhere near the amount they say I owe. Its only $260. My two cap one accounts were for more than that.
Can there be collection acct without an original acct on reports?
Yes there can be a collection account without the original account on the credit reports.
There can be a collection without any reporting by the OC, but there must be an OC.
Debt collectors are defined under the FDCPA as a party collecting on a debt incurred by the consumer on the account of another, or uses a name different than that of the original creditor, thus implying they are collecting on the debt of another.
A debt collector must provide the name of the current owner of the asserted debt in their dunning notice, but is not required to provide the name of the OC in their dunning notice.
If the consumer wishes the name of the OC, they can request it in a DV request under FDCPA 809(b).
If the consumer explicitly requests the name of the original creditor in their DV request, then the debt collector must provide that name in order to provide adequate validation of the debt.