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no notice or contact from CA but shows on Report

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dave36021
Regular Contributor

no notice or contact from CA but shows on Report

Hi All, 

 

     I have a CA Vance & Huffman LLC showing up on my report. I have not been contacted by them at all, no request for payment no dunning notice nothing at all. 

 

  They are only on Experian and the report monthly as a collection. I am trying to figure out the best way to approach this. I was going to send a DV to them and inform them that they are in violation of FDCPA 809(a)  for not contacting me about the CRS reporting.  

 

  Should I just skip the DV and go straight to FTC,BBB or CFPB and file complaints against them for do both DV and file a complaint?

 

  any suggestions would be greatly appreciated

 

 

  Thanks

Back In the Garden since 6/5/2016

My Fico Scores: EQ:639 EX:665 TU:651


AU: Comenity/Bealls FL 930; Capital One 300 ;
Message 1 of 11
10 REPLIES 10
Anonymous
Not applicable

Re: no notice or contact from CA but shows on Report

Is it a debt you recognize? Or is it either someone elses debt or potential ID theft? Different answers require going down different paths.

Message 2 of 11
dave36021
Regular Contributor

Re: no notice or contact from CA but shows on Report

I do recognize it -- it is from a old Credit One Bank card that they sold and Credit One is reporting as sold 

 

Back In the Garden since 6/5/2016

My Fico Scores: EQ:639 EX:665 TU:651


AU: Comenity/Bealls FL 930; Capital One 300 ;
Message 3 of 11
gdale6
Moderator Emeritus

Re: no notice or contact from CA but shows on Report

You can start with the DV but its not going to be timely and they may not respond, since you know its yours I would not take the adversarial stance that a DV may produce and go directly to the PFD offer with the CA.

 

http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/PFD-Q-amp-A-Examples-and-PFD-Success-Stories/...

http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/PFD-Example-Letter/td-p/4519

 

Adding: My statement of the DV not being timely would only apply if this has been on your reports for awhile and is not a new collection.

Message 4 of 11
Anonymous
Not applicable

Re: no notice or contact from CA but shows on Report

How old is the debt? If it's many years old, there's a good chance it's outside the statue of limitations (time-barred). That should be factored into one's decision on whether to contact an OC / CA, and how to go about it.

Message 5 of 11
dave36021
Regular Contributor

Re: no notice or contact from CA but shows on Report

Just checked and the original card DOFD is 1/2010 so it is past the SOL. and it looks like this is the second company that is was sold to 

Back In the Garden since 6/5/2016

My Fico Scores: EQ:639 EX:665 TU:651


AU: Comenity/Bealls FL 930; Capital One 300 ;
Message 6 of 11
Anonymous
Not applicable

Re: no notice or contact from CA but shows on Report

So a collection agency can just put it on your credit report without  ever contacting you?? I thought they were supposed to notify you first. 

Message 7 of 11
Shogun
Moderator Emeritus

Re: no notice or contact from CA but shows on Report


@Anonymous wrote:

So a collection agency can just put it on your credit report without  ever contacting you?? I thought they were supposed to notify you first. 


They are required to send you a dunning notice within 5 days of the first contact.  Since you have not received a dunning notice, I would believe that any DV by you would be timely.  

Starting Score: 504
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Message 8 of 11
Anonymous
Not applicable

Re: no notice or contact from CA but shows on Report

They are supposed to notify you 'within 5 days of placing it on you reports'.  However, if you have changed addresses in the intervening time, a notice may have been sent to an old address.

Message 9 of 11
dave36021
Regular Contributor

Re: no notice or contact from CA but shows on Report

We have been at this address for 4 years and they did a SP on the report to get the correct address. I have to look at my reports and find the Has the SP so I can see exactly when they did it

 

Back In the Garden since 6/5/2016

My Fico Scores: EQ:639 EX:665 TU:651


AU: Comenity/Bealls FL 930; Capital One 300 ;
Message 10 of 11
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