@chazjan wrote:Is there a prescribed legnrh of time a collection agency has to notify a person of the collection. Thanx
If they report it they must send dunning within 5 days.
@chazjan wrote:They first reported in may 2013 and sent a letter to me June 19 is that appropriate. I was not at the address they mailed it to so never received it, but I know that is not their fault.
It really depends on what the interpretation is from the courts in your area, some courts have ruled that reporting it to a CRA is actually a first communication some have not but here is the letter of the law...
§ 809. Validation of debts [15 USC 1692g]
(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
(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.
(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
@chazjan wrote:Thanks, that is good info. Could this be used to dispute this on my credit report. I paid off the CA long before joining this forum so just assumed when I paid it it would come off. I have sent them gw letters and done a number of things they won't delete but I have a response written from them stating when they received the account, my credit report has them reporting in May and they admit they sent a letter mid June.
No, its not a disputable thing at this point with the CRAs. Since its PIF the only option you have is to find something that is wrong in the way it reports for a valid dispute or continue GWs. I might try arguing the point directly to the CA in one of those GWs that they reported it in May and some courts consider that an initial contact and they didnt notify you until June 19th... They may just remove it and call it even.