Duke Energy / CBCS Collection

[Anonymous]

Hello all!

I confirmed today that the $252.00 debt for electric service with Duke Energy is still in fact owned by Duke Energy -- however they have enlisted a few different CA's to try and collect the debt over the last few years.

On my credit report, just refreshed today I have the following CA on my report:

JL WALSTON & ASSOCIATE

Balance:  $252.00

Account Status: Closed

Date Opened: 1/1/2011

And now.. I just got a dunning notice, and a telephone call from this collection agency (which does not yet show up on my refreshed CR)

CBCS Debt Resolution 

Does anyone have any experience with Duke Energy?  

Should I dispute the JL Walston account since they obviously are not collecting on behalf of Duke Energy anymore (CBCS apparently is)?

Has anyone had any success with contacting Duke Energy and asking them to pull the account from collections for a Pay In Full?  If so, by what means did you contact them?

Thanks!

KC

[RobertEG]

As I read your scenario, you have an OC who still owns the debt, and is shifting from one debt collector to another.

Debt collector 1 has reported to the CRA, but is no longer the active debt collector.  Deb collector 2 has sent you dunning notice, but has not reported to the CRA.

The first decision in that scenario is to decide what to do about debt collector 2, as you have a 30-day period in which to send a DV letter if you wish to invoke your automatic cease collection bar against them.  The only problem in DVing them is if you agree with the debt, and want to open immediate PFD negotiations with them.  The DV letter would invoke a cease collection bar, preventing them from negotiating until they verify the debt.  If you dont want to enter immediate negotiations with them, send them a DV.

The very next thing to do is to determine whether you still have a legal obligation for the debt.  Has your state statute of limitations expired on their ability to legally recover the debt?  If SOL has expired, you have no obligation to pay, and must then decide if you want to fulfill your moral obligation to pay, or are willing to just let it ride until the credit report exclusion period expires.  If earlier CR deletion is an issue, then you go the PFD offer route.

As for debt collector 1, the fact that they are no longer an active collection agent of the OC is not grounds for disputing their prior reporting of a collection when they did have such authority.  It was an accurate reporting.  I dont see an inaccuracy that would form the basis for disputing their prior reporting.

Contacting the OC, provided they will negotiate with you, can result in their acceptance of payment, and thus cease the collection activity of debt collector 2.  However, since debt collector 2 does, at this time, have collection authority, they can still report that fact at any time, even after the OC terminates their collection with them.

There is no such thing as an OC, by terminating collection authority, "calling back" the ability of the debt collector to report their collection, or preventing them from reporting it.

Not easy decisions, but those are the parameters I see when considering them.