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Paid debt to original holder but CA still calling

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allyourbase3
New Visitor

Paid debt to original holder but CA still calling

In November my wife and I moved cities and needed an apartment.  When we applied we discovered I owed I had a debt with an old apartment complex.  Since the current complex wouldn't let us rent without paying that off, I went to the apartment directly and paid them off in full using a money order. I faxed in the proof to the new complex and everything was good for us.

 

Fast forward to May 31 and I check my credit scores and see a new account went in to collections.  I started getting calls from the CA and told them I had paid off the debt to the complex.  They insisted the complex has to contact them to tell them.   When I call the complex they swear they are contacting the CA to have it removed but it has been almost 2 months with no progress.  

 

What sort of recourse do I have here?  

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2 REPLIES 2
RobertEG
Legendary Contributor

Re: Paid debt to original holder but CA still calling

When the debt collector reported their collection, that triggered their requirement to send dunning notice within 5 days thereafter.

I presume they never sent dunning notice, and are calling?

If so, you can cease their calling by sending them a DV.

The DV will additionally place the burden on THEM to obtain verification of the debt from the OC and communicate that to you prior to continuing any collection on the debt.

Thus, they would not be able to simply wait for the OC to notify them that the debt is satisfied

 

You can also, armed with the statement from the OC that they have notified the debt collector of satisfaction of the debt, file a direct dispute with the debt collector for their violation of the requirement of FCRA 623(a)(2) to timely update their reporting so as to maintain its current accuracy.

Message 2 of 3
Shogun
Moderator Emeritus

Re: Paid debt to original holder but CA still calling

     Since the debt was paid to the OC, the CA does not have any collection authority.  Not only should they not be calling you, but they should removed their collection entry from your CR.  Some may argue this point, but it's actually written in the guide.

 

     I would file a direct dispute with them like Robert said, if no response to that, then follow with an ITS letter.

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