Collection Agency Reporting

Anonymous · ‎03-27-2008

Hi,

I am trying to find out if anyone here can tell me if there is some sort of protocol for a collection agency to follow before they can report on your credit history. I just received a phone call 2 days ago from an agency. They are trying to collect a credit card debt. I don't have the money to pay it right now but will have in about two weeks. I am very concerned because I am in the middle of a refinance and can not have anything show up on my credit report. How much time do I really have? They keep trying to push me to give them money or they will "take further action". What can they do? What should I do?

Thanks

Anonymous · ‎03-27-2008

Have you received anything from them in the mail?

Some CA's give you 30 days to pay. I'd mail a letter today, and simply offer to pay on XXXXX date if they agree to NOT report this one your credit reports. If they agree, they need to send you something in writting on their company letterhead with an authorized representative signing it.

Or, you can send them a DV right away. If they haven't reported, they can't until they validate. This will buy you some time.

Anonymous · ‎03-27-2008

They can actually report you to one or all three CRA's at any time if they have information that verifies you are the original debtor. I would write them a letter asap and let them know your intentions. However this doesn't guarantee they won't report. The only thing to prevent them from reporting is to PIF prior to them reporting. Pay by money order or other certified funds only!! Do not pay with personal check. Keep copies of everything you do. NEVER SIGN ANYTHING!!! Only typed or printed signatures.

Anonymous · ‎03-27-2008

Until they validate (provide you with the information that validates) they can NOT report if they haven't already reported when they receive the validation request. Yes, they can report before they get the request and continue to report until they vaildate.

gatoravi8tor1 wrote:
They can actually report you to one or all three CRA's at any time if they have information that verifies you are the original debtor. I would write them a letter asap and let them know your intentions. However this doesn't guarantee they won't report. The only thing to prevent them from reporting is to PIF prior to them reporting. Pay by money order or other certified funds only!! Do not pay with personal check. Keep copies of everything you do. NEVER SIGN ANYTHING!!! Only typed or printed signatures.

Anonymous · ‎03-27-2008

I spoke with them on the phone and they are trying to get me to pay some portion now and they will wait till I refi to get the rest. I know they have not yet reported. If I send them a debt validation letter can I fax it to them to get it to them quicker or does it have to be mailed? Also, is it fact that they cannot post anything on my credit report if this is sent to them.

Anonymous · ‎03-27-2008

I did not receive anything in the mail yet.

Anonymous · ‎03-27-2008

Abmed wrote:
Also, is it fact that they cannot post anything on my credit report if this is sent to them.

§ 809. Validation of debts

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this title may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor.Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor.

I can't remember off hand the case name, but courts ruled that reporting was collection activity.

I'll try to find the case law for it.

Message Edited by sidewinder on 03-27-2008 12:53 PM

Anonymous · ‎03-27-2008

So it seems even with the letter they can still report? I am completely lost and don't know what to do I have never had to deal with this. BTW do you have a copy of a dv letter?

Thanks

Anonymous · ‎03-27-2008

Can I fax or fedex a dv letter?