Possibly a new collection

[Anonymous]

Hi guy I need some advice. In the process of rebuilding credit to purchase first home. I have done everything I could do as far as paying off everything  and getting stuff deleted.  Today I received  a phone call from sea associates.  I told them I am not the person they were looking for and that was that. I want to call them back and see what they want because  I can not afford this new collection on my credit. Advice greatly needed  please help

[Anonymous]

Meant to say sra associates

[RobertEG]

Did they identify the asserted debt?

If so, you can immediately send them a debt validation (DV) request, which will impose a cease collection bar until they have first sent validation.

If not, then their call triggered their requirement to send you a formal collection ("dunning") notice within 5 days after their call.  That notice will provide identification of the asserted debt, and must provide a 30-day period within which you can send a timely DV.

The cease collection bar will impose a temporary bar against collection activities, including reporting to a CRA, but can be overcome at any time by their simply sending the requested validation.

I assume that the person they identified was in fact you?

Until you have further identification  of the debt, you will likely not be able to evaluate whether it is yours.

Dunning notice may provide some recollection.  You should be receiving dunning notice any day.....

[Anonymous]

I want to call them first thing Monday morning and ask for dv. Should I wait for one in the mail. Im not sure if they even have my current address. I have got everything paid off on my credit except Kay's jewlers. I call them after the agency called to see if they had sold the debt to sra associates  but was informed it was sold to dnf  associates. Could dnf  sold the account to sra.  Should I just wait for a letter or give them a call. I'm so lost.

[RobertEG]

When you call, you will be requesting a dunning notice, not debt validation (DV).

A DV request is sent by the consumer.  Dunning notice is sent by the debt collector.

Should you decide to request debt validation, FDCPA 809(a) requries that the request must be in writing.

I would not raise DV issues in your initial call to them.  Confine it to request for dunning notice.

[Anonymous]

Would they be able to put this on my cr by me not acknowledging that it was in fact me. I still don't know who the debt is from I'm just assuming Kay's. It was sold off in January of last year. And also when i call what info should I not give them almost like do' s and donts

[RobertEG]

Yes, they can report their collection without any prior notice or contact with the consumer.

Deletion of that reporting is then pursued by processes such as a formal dispute of its accuracy under the FCRA once you have adequate info to show it was not legit, by filing a police report if you feel it my be as a result of identity theft, and thus obtaining block of the collection under the identity theft provisions of FCRA 605B, or by obtaiining voluntary deletion by the debt collector by offering a pay for deletion (PFD).

Both the dunning notice requirement and the DV process are provisions intended to provide you sufficient information to evaluate your potentail responsibilty for an asserted debt.  They are not provisions that relate directly to or include requriements for deletion of credit reporting.