Paid OC. Wonder what will happen next?

[Anonymous]

I've told the group before that I have 2 utility collections with the same local ma and pa CA here in my town. I disputed the reports at first because I didn't know what they were for. The CA called and when I asked them what these accounts were, they said "We don't know, you need to call the OC" so I did. Well last week I paid one of them, and immediately got a call from the CA. I had posted this on another thread but thought I'd put it here for the record.

"A funny little side note. I paid an OC for a small debt the other day because I needed to start new service with them (utility co). I didn't get them to do a PFD or anything, and figured "screw it". So I get a call from the CA yesterday and happily answer it because I want to hear what they have to say about it (i know, i'm ornory that way) so the guy is like "What!? You paid THEM? They are VIOLATION OF THE LAW for accepting payment from you!" and I said "Really? Why, do you OWN the debt?" he says "No, we act as their agent, but our agreement states that they have to refer you to us if you want to pay" and I say "Well, then never even mentioned the account being in collections when I called, and I paid them $78 to get the service started" and he says "What!? Our records show that you owe $102!" And I say "Well, they told me that my amount due was $78 so I paid that" and he says "WELL! We are going to have a SERIOUS discussion with them about this issue." ROFLMAO!!!"

Ok, so this morning I pay the other OC, and they told me that they would let the CA know that I paid. So I am CERTAIN I will get a call from them today and I ASSUME at this point that the CA will try to post the account as PAID rather than deleting it. I've heard talk on here about saying "I didn't pay you, so you can't report as paid" but I'm curious how the rule about not reporting after a debt is RETURNED to the OC plays into this. It was from a memo that was posted here, but where is the LAW that I can quote to them to get this removed? Also, is there any merit at all to the CA's statement that the OC violated the law by accepting a payment from me. I assume not because the CA people are morons and will say anything, but I'd be curious if I asked him WHICH law they were violating, what he would say. I'd love to read something about it so that if he rattles off some statute then I can say "actually that says this, not that" blah blah... Anyone have any thoughts?

[Anonymous]

Should I start by disputing with the CRA's? If so how long should I wait before initiating the dispute?

[fused]

bump

[Anonymous]

Ok, let's try this again. A couple of days after I paid the second OC, I finally got a letter from them about these accounts (the first I've ever gotten from them). Since they claim to have sent me things in the past, the document is basically a statement, no 30-day dispute boilerplate. I need to DV for these accounts because they are paid and I want them removed, not updated. I was wondering if I should use the standard lonnster DV letter, or if I should modify it to say something like "This is in response to your letter dated XX. As this was the first correspondence from you regarding these accounts, I am now exercising my right to dispute the validity of these debts. Both of the original balances on these accounts have been paid directly to the OC and therefor you have no grounds on which to report them blah blah" How should I word this letter in order to maximize the effect?

[Anonymous]

anyone?

[Minnie]

No way did you violate the law. You didn't violate anything. They probably have some agreement with OC that says all payments go through them. You screwed them out of their cut. Teeheehee!

[Anonymous]

Hi hippychic, I used llonsters dv. I paid the oc but the ca would not remove. they only updated to "paid". I swear within 2 days of them recieving the dv they deleted the collection. They also contacted the oc the same day they got the dv! The oc emailed me and told me so! I doctored up llonsters dv to fit my needs. Good luck!

edited cause I can't spell!

Message Edited by scramblingin2007 on 02-25-2008 04:20 PM

[Anonymous]

Hey scrambling, may we see a copy of that DV please?

Thanks

[Anonymous]

here ya go bob.... but I must say, there are critics on this board about this dv, but it worked for me and a few others:

CERTIFIED MAIL #: _______________________________________________________
Your Name
Your Address
YourTown,, State ZipCode

Debt Collection Company Name
Their address
Town, State ZipCode

Date:

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on DATE. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.
All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:
• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.
I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

Best Regards,

Your Name

[Anonymous]

this is the one I was thinking of using. it doesn't look like you changed it much. i'm going to send it tomorrow.