No real DV from CA

[karamelkutie]

Fico Forums - Continental Finance

Visit the link above for some info on how to file claims against them through the FDIC. I'm in the process of doing this right now and when I stumbled across this info it was very helpful. Since your card was opened in 2007...I believe you may meet the requrements to beat this thing. Hope it helps!

[buckeyelady84]

9 months later CKS has added a collection to my Experian account. Has anyone ever dealt with them? I filed a complaint with FTC.

[DaBears]

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@buckeyelady84 wrote:

9 months later CKS has added a collection to my Experian account. Has anyone ever dealt with them? I filed a complaint with FTC.

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I had read your posts and it clearly looks like CKS does not have collection authority to collect on the unpaid debt as the OC had told you another CA is the one collecting. For them to report is a big no no. Good job in filing with the FTC!!!!

DaBears

[guiness56]

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@DaBears wrote:

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@buckeyelady84 wrote:

9 months later CKS has added a collection to my Experian account. Has anyone ever dealt with them? I filed a complaint with FTC.

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I had read your posts and it clearly looks like CKS does not have collection authority to collect on the unpaid debt as the OC had told you another CA is the one collecting. For them to report is a big no no. Good job in filing with the FTC!!!!

DaBears

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Early on in the thead, OP says the first CA sold the debt to CKS.  They do have collection authority.

They violated the FDCPA by not validating the debt prior to insertion on OP CR.

[Shogun]

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@guiness56 wrote:

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@DaBears wrote:

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@buckeyelady84 wrote:

9 months later CKS has added a collection to my Experian account. Has anyone ever dealt with them? I filed a complaint with FTC.

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I had read your posts and it clearly looks like CKS does not have collection authority to collect on the unpaid debt as the OC had told you another CA is the one collecting. For them to report is a big no no. Good job in filing with the FTC!!!!

DaBears

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Early on in the thead, OP says the first CA sold the debt to CKS.  They do have collection authority.

They violated the FDCPA by not validating the debt prior to insertion on OP CR.

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I'm reading the same thing here.  The violation stems from them reporting without responding to the timely DV.

[buckeyelady84]

CKS got another DV letter on July 2nd. I filed my FTC complaint on June 28th. The collection is only on Experian and the comment says in dispute by consumer. I hope this collection goes away fast.

[guiness56]

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@RobertEG wrote:

Their letter is essentailly meaningless.  It just says they have not yet done something for which they are under no period to have completed.  It's a favor, not a violation.

One does not file a complaint or dispute over lack of debt verification from a debt collector.  The DV process does not compel the debt collector to provide verification at any specific time, and in fact, they could choose never to respond.  The DV process was enacted to provide the consumer relief from ongoing collection activities by a debt collector until the debt collector has provided verification.  If the DV is tinely, the requirement imposed on the debt collector is to cease active collection.

Violation of the statute occurs only if and when the debt collector continues collection on the debt without having first provided the requested verification.

That is the time to file a complaint for violation of FDCPA 809(b)/

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You are missing the point entirely.  It IS the CAs job to validate, if they choose to do so.  It is NOT their job to tell you to get validation from the OC.