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New Visitor
sewsweet
Posts: 1
Registered: ‎09-30-2010
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HOW TO DV WHEN CA IS NOT ON CR

Hi, first time posting here. my question is I have a closed account with hsbc that is reporting 2475.00 and I tried to call them to set up a pfd or settlement offer and they would not discuss with me and gave me a number of a collection agency to call. When I called the collection agency that the hsbc gave me they stated that they no longer had it and gave me the number back to hsbc. and  the collection agency is not reporting on my CR. So after reading on the forums I was wondering if I should do a DV letter first, if so who do I send it to?

Established Contributor
203bravo
Posts: 736
Registered: ‎08-25-2008
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Re: HOW TO DV WHEN CA IS NOT ON CR

[ Edited ]

If the collection agency states that they no longer have the account and it's not on your report.. Then there is technically no one to DV.

Mega Contributor
RobertEG
Posts: 18,169
Registered: ‎03-19-2007
0

Re: HOW TO DV WHEN CA IS NOT ON CR

[ Edited ]

You are kinda in a bind.

IF the alleged debt collector never reported to a CRA, never had any intial communication with you, and never sent you a collection/dunnng notice, you cant DV them.

Any prior relationship that this debt collector may have had with the OC is just between them and the OC.  No actions under either the FCRA or the FDCPA can be intitiated by you until contact with a CA.

Until you get some type of initial communication from a debt collector (see FDCPA 809(a)), such as a phone call, a collection notice, or a post to your CR, all you can do is to continue to pester the OC as to how to pay this debt.  The OC personnel that you have been talking to are apparently not giving you current status on their collection activies.

I would call the OC and ask to speak with a supervisor.  Ask them specifically if they still own the debt.


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