05-02-2011 11:17 PM
This is an odd case to me, and I'm going to construct a rebuttal letter but I'd like the advice of you awesome folks.
I got a letter from NARS a few weeks ago. I found it strange that it offered a 50% settlement ($178 of $356). Also odd was that the letter was dated several days before the postmark, and I am pretty sure I paid this off a couple of years ago, but unfortunately my record keeping and and lack of maturity at that time in my life leave any record of this missing. Anyway, I sent a timely DV immediately...
As I mentioned in a previous post (and thanks for all the advice), NARS pulled a hard inquiry on me via TU while the debt was being disputed. Thanks to some great advice I sat down to write a letter to NARS threatening to sue for engaging in Collection Activity while in dispute.
And then a very strange letter came to me today from Jefferson Capital Systems, LLC, responding to my letter to NARS. They claim to have purchased the debt and offered the same 50% settlement, and a copy of a statement saying I had a balance that matched what they say I owed. There was no signature on my part or proof IMO that I owed the debt. And even odder, they said "Although we disagree with the merits of your dispute, as a courtesy we have requested that the CRA's delete the account from your credit file (if reported)." All of this making me think they don't really expect that I will pay it or feel like they think they can prove I owe and haven't paid it.
My thinking at this point (and neither NARS or Jefferson are reporting, aside from the TU Inq from NARS) is to send a letter to both NARS and JCS demanding the hard inquiry be retracted and offering a PFD with a settlement offer of about $50 and telling them in firm language that they accept this offer or I will file suit immediately for NARS' collection activity.
I'd appreciate your advice, perhaps even ideas on how to word such a letter.
05-03-2011 05:26 AM
Did Jefferson send a dunning notice inside their response to your DV to CA#1 (e.g. you have 30 days to dispute the validity of this debt...blah, blah, blah)?
Is the debt valid? When's the DOFD?
05-03-2011 08:27 AM
I'm not sure the DOFD. Neither is reporting, which I am happy about. My issue is really with NARS pulling an inquiry while in dispute and after apparently having sold the debt. And no, the only letter JCS sent me was in response to my DV to NARS, which was odd. No dunning notice.
And as far as the debt being valid, it was a debt I had, but one that I paid back in my not-smart days and I didn't keep a record of it.
This is the first time I've ever esperienced sending a DV to one company, and having another company respond to it.
05-03-2011 09:57 PM
I guess it's that time of the month for them because I had a long talk with a rep at NARS today because of a hard inquiry they made thru TU on 04/29/11!!! They said they were the collection agency for a debt I owed to Jefferson (which is reporting on all 3 CR's). NARS said they didn't know why there would be a hard inquiry on my TU CR & that a senior supervisor would call me back = BS!!! I will be calling them back every hour on the hour until forever because TU said the only way to have it deleted is by getting a letter from NARS..............
05-03-2011 10:07 PM
05-06-2011 07:15 PM
Let me know how you make out. I just got a credit inquiry via TU, as well. It just hit today.
I have no idea what the debt is for, though. I didn't get a letter in the mail or anyting...
05-07-2011 01:14 AM
Was your "dispute" a request for debt validation under FDCPA 809(b), or was it a dispute of credit reporting under the FCRA?
It sounds to me as if you filed a dispute under the FCRA. They apparently chose, for whatever reason, to just delete the credit reporting rather than state that they have verifified the accuracy of its prior reporting. Who knows why, but apparently that was their chosen resolution of the dispute.
Pulling your CR as part of their dispute resulution process is not improper. They are entitled to pull your CR to review an account or collection on an account.
Filing a dispute under the FCRA is not the same as filing a timely DV letter under FDCPA 809(a), and thus imposes no "cease collection" bar on them.
Unless they were also under a cease collection bar as a result of a separate DV letter, I see no violation of FDCPA 809(b).
Filing legal action for an FDCPA violation, if one occured, would be costly, Speaking for myself, it would not be worth it over a credit pull.
If the collection account was deleted, I would also presume that the associated reporting, such as their credit inquiry, would also have been deleted, so maybe the whole issue is moot?
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