topic Re: Agency License Inactive in Rebuilding Your Credit

Agency License Inactive

Anonymous — Thu, 09 Oct 2014 12:32:43 GMT

There is a collections agency reporting an account which was opened and went delinquent in Minnesota where I also currently live. Minnesota law requires an agency be licensed in order to collect. This agency is no longer licensed in this state, but has not sent (or I have not received) a dunning letter, or any form of communication. However, when I called a few months ago they insisted a letter went out to my current address. Up to this point they've only reported the debt. I've looked around the forums and Google, and I understand that this would not fall under an FDCPA violation and would not require an FTC complaint. However, should I file a complaint with the BBB and the AG requesting the account be removed? Has anyone had success with this? Or should I confront the agency and let them know of my intentions to file a complaint if they do not remove the account?

Did you file a complaint with the BBB or the AG?

IOBA — Mon, 20 Oct 2014 16:32:16 GMT

Did you file a complaint with the BBB or the AG?

Re: Did you file a complaint with the BBB or the AG?

Anonymous — Mon, 20 Oct 2014 18:02:52 GMT

Not as of yet. Wasn't sure if I should send a PFD with my concern about them not being licensed and resolve it that way, give them an easy out... or if I should file a complaint first instead. What's the best option?

Re: Did you file a complaint with the BBB or the AG?

Anonymous — Tue, 21 Oct 2014 01:05:51 GMT

File a compliant against them

Re: Did you file a complaint with the BBB or the AG?

IOBA — Wed, 22 Oct 2014 15:14:08 GMT

I agree - file a complaint. Let it be officially noted that they are operating outside the law.

Re: Agency License Inactive

RobertEG — Wed, 22 Oct 2014 15:38:53 GMT

If they never sent dunning notice, that is a violation since they have reported to a CRA.

I would use that as the formal FDCPA violation in a CFPB complaint, and also include the fact that their reporting was also barred by your state licensing provision.

That way, your complaint will clearly have basis for violatlion of the FDCPA.

Re: Agency License Inactive

Anonymous — Thu, 23 Oct 2014 00:47:44 GMT

Would that fall under "Did not receive notice of rights to dispute" when filing out the complaint?

Re: Agency License Inactive

Anonymous — Sat, 25 Oct 2014 16:29:51 GMT

I've submitted my complaint and hope to here back from them soon. I'll keep updating as the process moves along.

Re: Agency License Inactive

Anonymous — Tue, 11 Nov 2014 12:51:34 GMT

**UPDATE**

I submitted the CFPB complaint on 10/25. The status is now "Company response past due". The trade line is still on all three credit reports.

Re: Agency License Inactive

RobertEG — Tue, 11 Nov 2014 17:33:05 GMT

You still have an unresolved dispute.

You need a formal decision from the CFPB before holding of a finding of violation on their part.

Unless they forward to the FTC for civil action, you may not get a final, binding order.

You can always initiate your own civil action apart from reliance on an administrative decision by the CFPB.

Licensing is a state, not federal, requirement.

Re: Agency License Inactive

Anonymous — Wed, 21 Jan 2015 01:04:20 GMT

***UPDATE***

The agency never responded so exactly one month later I recieved an auto-message from the CFPB stating they would look into the agency's failure to respond. Shortly after that I received verification of debt by mail, which they also uploaded to the CFPB complaint... They have not updated the account on my credit report since Dec 9th, 2014. However, it still is listed as an account in collections with a balace.