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Lack of Communication from Creditor

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eljbradley
New Member

Re: Lack of Communication from Creditor

Thanks for your suggestion. I will give them another call and post in the forum for any status updates/changes. 

Message 11 of 15
eljbradley
New Member

Re: Lack of Communication from Creditor

Update - I've reached out to the recovery department and they have requested that I fax over the information. I faxed it over to them and haven't heard back from anyone. In the event that the account has be transferred/sold to a collection agency, how would I track down the account? I'm concerned that the account is in a "no man's land" and I can't begin to pay towards the account.

 

Any help would be greatly appreciated.

 

 

Message 12 of 15
RobertEG
Legendary Contributor

Re: Lack of Communication from Creditor

When contacting an OC for account information, you dont have access to the DV process, which only relates to requesting a debt collector to verify that they have obtained verification of the debt and that you are the responsible consumer before they can continue collection activity.

 

Prior OC account statements are considered as an OC "verification" that they consider you to be the responsible party, and that the debt is the billing amount.

Thus, they are not part of the statutory DV process.  Their willingness or unwillingness to provide account information is not regulated under the FCRA or FDCPA.

It's just good business practice for them to assist their customers. 

 

Requests for payment plans are negotiations on your part.  They can choose not to negotiate new condtions, and continue to pursue collection of the full amount under existing account terms.

 

If they have not properly billed for the debt, then recourse is under the Fair Credit Billing Act (FCBA) which requires billing statements within specific times in order for them to take any adverse action.  If they have complied with prior billing requirements, they have verified their assertion of the debt.

 

If a debt collector, a DV must be sent within 30 days of their dunning notice, and if timely, does not set any period for their response.  It imposes a cease collection bar upon them until such time as they provide the requested debt validation.

Message 13 of 15
eljbradley
New Member

Re: Lack of Communication from Creditor

Thanks for the response. Per my latest credit report, the status of the account has been sold from the OC to a CA. However, the CA information is not available anywhere. I haven't been able to find out where the debt has been sold so that I can negotiate the terms of repayment. I feel very stuck with this account.

 

 

Message 14 of 15
guiness56
Epic Contributor

Re: Lack of Communication from Creditor

Message 15 of 15
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