New Collection Popped Up from 2006 ,,, Shogun or Robert?

[fishbjc]

Since this $61 is about to expire, I was sort of expecting this.  CybrCollect or PayAlliance is trying to collect on a ck from 2006.

Here's the breakdown

I moved 12/2011

USPS forward expired 6/2012

They said they sent 3 letters to OLD ADDRESS

I said I never received as I didn't live there.

She said that's the problem with USPS, not them

I asked her to remove cb notation and she refused.

I'm not going to pay these peeps one cent.  My guess is the check will make it's way somewhere else.  I'd like to slap these guys with SOMETHING, FTC, BBB, Attorney General?  What do you suggest?

[rckstrscott]

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@fishbjc wrote:

Since this $61 is about to expire, I was sort of expecting this.  CybrCollect or PayAlliance is trying to collect on a ck from 2006.

Here's the breakdown

I moved 12/2011

USPS forward expired 6/2012

They said they sent 3 letters to OLD ADDRESS

I said I never received as I didn't live there.

She said that's the problem with USPS, not them

I asked her to remove cb notation and she refused.

I'm not going to pay these peeps one cent.  My guess is the check will make it's way somewhere else.  I'd like to slap these guys with SOMETHING, FTC, BBB, Attorney General?  What do you suggest?

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From an earlier RobertEG post:

"The statute requires that they "send the consumer a written notice" (unless they previously provided it orally). Did you advise either your creditors or the CRAs of your change of address? If not, they might have a case stating that they sent it to the address you last provided for receipt of corresponce."

-scott

[fishbjc]

Yes, alll three bureaus have updated information.

When I pointed this out to the CSR and her Supervisor, she said "It's not our problem, we don't pull anything at credit bureau, we go by what's on the information we receive"

[rckstrscott]

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@fishbjc wrote:

Yes, alll three bureaus have updated information.

When I pointed this out to the CSR and her Supervisor, she said "It's not our problem, we don't pull anything at credit bureau, we go by what's on the information we receive"

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Well I think it really depends on what you are trying to accomplish;; If the debt is from 2006, what is the DOFD... can it report for more than a couple months?

You can file a complaint with the FTC for the lack of dunning and go that route, but they don't act on individual complaints... you can file a BBB compaint, but they can just ignore that... another step is litigation, but PROVING this violation in a court of law might be difficult..

My question would be, is $61 dollars worth the fight? In my situation, I would just pay it so it didn't come back in the form of phone calls and repeated dunnings from CA to CA when it invariably comes back, like small zombie debt so often does.. your only REAL recourse for a violation is a lawsuit, and is that worth your time?

-scott

[fishbjc]

I don't really know the date, it was for a check to CURVES, which was an ACH by them.  I fulfilled my membership and they billed me for an extra month, after I cancelled.  The account the accessed was CLOSED.

The first collection agency appeard in August of 2006 on my report. 

[fishbjc]

Does the 2nd agency Payliance have to follow the DOFD as well?  I guess I should just pay it.  It's only $61.

[rckstrscott]

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@fishbjc wrote:

Does the 2nd agency Payliance have to follow the DOFD as well?  I guess I should just pay it.  It's only $61.

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the DOFD is concrete.. all CA's will have to follow that date, so it can be no later that August 2006, which means its LATEST possible fall off date is Marchish 2014, but that is if the DOFD is the first report date, which it very likely isn't.

Have you already pulled your annualcreditreports this year? The CRAs actual report should have a DOFD, if not you can mail to the CRA and get that information..

-scott

[RobertEG]

Yes, reporting to the CRA triggered their requirement to send dunning notice within 5 days.

They claim notice was sent, you claim it was not.  Neither side has as of yet provided any evidence to enable the matter to be settled.

The issue is thus an assertion that they failed to comply with their debt collection practices responsibililty under FDCPA 809(a).

Lack of proper dunning notice is not an issue of accuracy of reporting of the collection, and thus is not basis for dispute under the FCRA.

It would be handled as a debt collection practices violation of the FDCPA, and has been stated, the admin route is to file a complaint with the FTC, and the legal route is to bring your own legal action.  Neither of those are basis in and of themselves for CR deletion.

Lack of dunning notice would have become a substantive issue if you sent a DV that they held untimely based on the 30-day period set in that alleged notice.

I dont see that as an issue, so lack of dunning notice would mean you can still send a timely DV.  It is, in my opinion, a side-issue at this point that does not go to the accuracy of their credit reporting.

The issue of the debt itself appears to remain unresolved.  I dont see a determination of either the lack of proper dunning notice or of the debt itself as having been resolved in any factual manner. That is what courts are for.   As such, I am unsure of what you could assert as any clear violation of the FCRA or FDCPA until you have a clear finding of facts.

A decision not to pay will leave the matter unresolved, and permit their continued collection activities.  CR exclusion will remove it from your CR, but wont resolve the real issue of unpaid, delinquent debt. 

[Shogun]

Did this show up on your CR?  If that's the case, then yes, they do pull CRs.  Small amount, I'd offer a PFD if it's reporting.  If not, then offer $20 to go away.