DC put marks on my credit report without any prior communication, could i still do CV?

[Anonymous]

Hello, I received an email from a credit monitoring website that there is an account mark added on my credit report. It is a debt collector (with name TSI/51)collecting a $80 medical debt. I did not receive any prior communication from them. I do not know even know the account number either.

So, my question is: 

1. Could I still CV them? If yes, Is this still fall into "30" days validation period? Also, I moved to a new state recently. I do not want to give them my home address. Could I use a PO BOX instead on my address? Do you b

2. If yes, Is this still fall into "30" days validation period? Also, I moved to a new state recently. I do not want to give them my home address. Could I use a PO BOX instead on my address? Do you b

3  Also, I moved to a new state recently. I do not want to give them my home address. Could I use a PO BOX instead on my address? 

4. Since it is a small amount, could a debt validation or something deter them collect from me (and remove records on my credit report) for this debt even if it is valid?

5. Could "pay for delete" work if they validate my debt? How much should I pay them? $5 or $8? 

Thanks,

Maurice

[RobertEG]

A debt collector is not required to provide prior notice to a consumer before reporting their collection to a CRA.

The statutory requirement (FDCPA 809(a)) is that a debt collector must send a formal collection ("dunning") notice to a consumer within 5 days after they initiate communication with the consumer regarding the debt.

You can always send a DV request.  However, if not sent within 30-days after receipt of a dunning notice (i.e., not timely), it does not impose a cease collection bar on the debt collector, who can choose to continue collection activities without any response.

A debt collector has no requirment to or period for response to a DV request, even if timely.

Provided they cease active collection, they can choose never to respond to a timely DV.

Lack of validation is not basis for requring any deletion of credit reporting.

[Anonymous]

Robert, Thank you for your message. 

(1) I did not receive any notice (either any letter or dunning notice) from the collection agency. It went straight to my credit report.

(2) Should I either (1) report directly to three big bureaus to dispute this or (2) Should I continue to DV first? If no response, dispute with big three bureaus? 

(3) Also, should I contact the collection to get my account number or I should avoid talking with them?

Thanks,

Maurice 

[nolamike]

Maurice,

The first consideration is if the debt is yours. If it is then pay it. You state it is only $80 bucks. is that really worth the hassle of disputing it and trying to hide behind a P.O.Box?

As an FYI your new address will eventually end up in a Lexis Nexis account and eventually end up on your credit report. So is it worth the effort? creditors demand home address when you apply for credit in accordance with Federal Law they must 'know' where you live. Unless you get all your ID, bills and accounts to show that PO box as your home address, (p.o. box won't work but mail center like UPS store or such could) it will never work. Even if you do get that and use the # as an APT# instead of suite number, the credit grantors and such use sophisticated address software that will show the address as being a business and that will create more hassle for you.

All in All is $80 bucks worth the effort?

just a thought.

[nolamike]

Maurice,

As a rule of thumb when communicating with debt collectors NEVER admit owning the debt unless you plan on paying it. Even the most casual comment could be enough to validate the debt as yours and it will never be contestable with CRA's because the DC will have a recoring of you admitting it is a legitimate debt.

If this just happened and the debt has NOT been charged off by the creditor or reporting it to your account prior to sending to collection, then you stand a good chance of getting them to withdraw the notice if you pay in full. Even if they don't the status of PIF will help you recover your score faster than trying to fight this.

If the collection account is not yours, or is too old to collect based on statute of limitations in the original state jurisdiction, then you have a different path to decide on.

A company called Collection Shield 360 will take your case for free and you will pay nothing for them to help get this off your TU and EQ files. They don't do EXP.

If the DC has violated the law in their activities for collection CS360 will sue them under FCPA and other statutes and you will get 20% of the recovery, which is how CS360 makes money.

When the DC finally sends you a letter you would upload it to CS360, every time they send you a letter. If they call you let it go to voicemail, and hopefully they have your cell number so individual calls will be recorded on your bill. Auto-dialing violates several different states laws on collection practices. Also showing a history of hang up calls from numbers associated with the DC is good court evidence. It is an indicator they are not playing fair and may be using unethical/illegal tactics to harrass you for a debt.

Same with "unknown" numbers. If a pattern emerges where you get two or three calls in a day from a known DC number and then you get unknown calls that same day (but not usually on other days) it indicates a likely pattern. not all unknown callers are DC's but often it is a tactic they use so  the coincidental pattern is suspicious at best.

you would have to track this and let CS360 know when it happens.

Again please consider if this is worth the hassle for a legitmate debt that is collectible under the SOL.

[RobertEG]

The requriment to send dunning notice (FDCPA 809(a)) is a debt collection practices matter.

Lack of dunning notice is treated as a violation of the FDCPA, for which a consumer can either file a complaint with the CFPB and/or file a civil action and retrieve statutory damages of $1,000.

It is not a credit reporting issue, as they can report prior to dunning notice.  Lack of dunning notice is not a basis for dispute of the accuracy or their reporting of their collection.

The CRA has no part in the debt validation process, including sending of dunning notice.

If you wish to request debt validation prior to considering payment of the debt, be aware that sending a DV does not impose any period for the debt collector to send validation.

If timely, it imposes a cease collection bar.  You will then be in limbo as far as any negotiations with the debt collector until such time as they choose to send validation.

If the debt is legit and you wish to seek removal of the collection, the normal practice is to send a PFD request.