Letter to send to an OC

Anonymous · ‎09-13-2008

I know to send the CA a dv. But what do you send the OC when you feel you don't owe them and they haven't reported to a collection agency.

Sometime ago I got a call for some magazines that I refused to order, but they sent them anyway and started charging me. I never paid and sent them numerous letters to stop sending them. That was 2003. I am still getting them!

It is just sitting on my CR as a $1200 deliquency. I know it is past SOL. But I never signed anything so I don't know how they got my social or my address. They even found me after I moved!

I disputed it with the CB and it came back verified with one. The others dropped it.

I sent a letter to them asking them for full validation anyway. I don't expect a response.

Of all the things on my credit report, this is the one thing I am refusing to pay. I don't mind waiting it out if I have to (2011). I think if I can get everything else paid this will only be a blip on the screen.

Anyone else in this situation? Any advice?

cadavis0609 · ‎09-13-2008

I've had them try to do this. Did you send the DV Certified? They have to produce a response within 30 days of reciept or you can dispute it with the CRA and they have to remove it. If you never signed for anything, then they can't validate anyway and you can still dispute it with the CRA.

Sept 07 EQ 419

April 2012 EQ- 669 EXP- 680 TU-700= Proud New Homeowner!

Anonymous · ‎09-13-2008

You're right, DV only goes to CA.

For the OC, send them a "OC Investigation Letter" or "OC Letter". Search the forums here and you'll find an example.

RobertEG · ‎09-13-2008

Once the account is in collection, the FDCPA controls, and any DV must be only to the CA that sent the collection notice. The OC will rightfully ignore it, for that is why they hired the CA to handle it.

Message Edited by RobertEG on 09-13-2008 08:13 PM

Anonymous · ‎09-13-2008

FDCPA only controls the CA.

The OC is still bound by the FCRA, whether they send the account to collections or not.

If the OC is reporting, you have the right to dispute directly with them and they must investigate the account.

RobertEG wrote:

Once the account is in collection, the FDCPA controls, and any DV must be only to the CA that sent the collection notice. The OC will rightfully ignore it, for that is why they hired the CA to handle it.

Message Edited by RobertEG on 09-13-2008 08:13 PM