Does CA have to tell me who OC is?

[kelright21]

My CA will not tell me who the OC is so that I might have better luck with them. Is this allowed?

[Anonymous]

Yes.  A CA must disclose who the OC is.  If they do not, there cannot be a debt since the very basis of them collecting is that it is on behalf of the OC (assigned debt) or is based on an OC who they purchased the debt from.

When you dispute a debt with CA or request a DV, the CA is obligated to provide you the name and contact information of the OC.  If you make this request within 30 days of their original written notice, they are supposed to also include proof of the debt, such as original documents, invoices, assignement, etc.

[kelright21]

Thanks, I screwed up I guess by contacting the CA to begin with, but I wanted to find out who the OC was so I could deal with them because it has to do with an old medical bill that my insurance should have covered. The CA was rude and after 4 phone calls they told me they no longer would deal with me on the phone and to put all my questions in writing. I think the OC is now out of business after contacting the hospital for info. Would it matter that the OC is no longer in business?

[RobertEG]

YES!  You should have been provided this from the git-go!

The CA is required, under FDCPA 809(a), to send you a formal dunning notice within five days of any initial communicaation with you, in which they must disclose the amount of the debt (FDCPA  809(a)(1)), and the name of the creditor to whom the debt is owed (FDCPA 809(a)(2)).

Additionally, under FDCPA 809(b), you can request the name and address of the original creditor.

Send them this DV letter:

"This is a dispute of the alleged debt for which you are seeking collection, and a request under FDCPA 809(b) for full verification of the alleged debt, AND for the full name and address of the original creditor on the debt for which you are seeking collection.  Under FDCPA 809(b), you are required to cease all collection activity until this information is provided to me.  Any collection activity on your part, including any further reporting to a credit reporting agency, will be considered a clear violation of the FDCPA until this request is fulfilled."

"Be advised that you have not yet compllied with FDCPA 809(a), which required you to have provided me the name of the creditor within 5 days of your initial commumication with me (so-called "dunning notice").

As such, this debt verification request has no 30-day limit for receipt by you under FDCPA 809(b).  This is a timely request for debt verification and disclosure of the name and address of the original creditor."

Message Edited by RobertEG on 08-25-2009 12:26 AM

Message Edited by RobertEG on 08-25-2009 12:34 AM

[guiness56]

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@kelright21 wrote:
My CA will not tell me who the OC is so that I might have better luck with them. Is this allowed?

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By law, the CA must disclose who the OC is and how much is owed.  Send them a DV letter.

[RobertEG]

No, you did not screw up, as long as any calls to them did not admit any debt.  In fact, your communications with them can further support active collection activity without their full and advance compliance with their dunning obligtion under FDCPA 809(a).

Document it.

Send the DV letter, and let them squirm.  Dont call or talk to them until they respond to the DV request.

[kelright21]

Thanks so much for the great advice, I appreciate it!