CA verifies account but...

[JShidell]

Hello,

Question, I finally got a response back from a CA i've been trying to DV for about two months.  They verified my account by supplying me with an actual bill on the original OCs letterhead detailing my charges.  They pretty much supplied me everything I was looking for, only problem is this CA is not bonded to collect in my state, therefore they can not legally collect on this account or report this account.  I've been fighting this CA for months, I sent them a letter about their violations in regards to them not legally bonded to collect in my state and that they need to delete their tradeline on my reports because they were in violation of my states laws.  However, in response they sent me my detailed bill on the original OC's letter head.  What the heck?  After all these DV letters trying to get them to verify they didn't, but once I sent them a letter about their violations they finally supply me with the required information!!

I'm not sure what to do now.  Being that they have proved to me that they do actually own this account, should I go ahead and pay even though they are not bonded in my state to collect?  Or should I continue to fight them to get their tradeline deleted off of my reports because of their violations?

I really want to fight them to get their tradelines deleted, but the only thing I fear is if I get them to delete because of their violations they can just simply sell this account to another CA that is legally bonded in my state to collect, and that new CA then can start to report, then I will be stuck at square one again.

Sigh.....

v/r

JShidell

[RobertEG]

No! No!  Do NOT have any dealing with this OC/CA period!  Dont pay them anything!

This is simple contract law 101.

Tell the CA  to stuff it.  No contractural standing to collect, period, and an illlegal assignee.

Not being a bonded state CA, they have no more authority to contact you or demand any response or interaction with you than I do!

Have no further contact with them at all.  Not even a letter telling them to GTH.

As far as the stupid OC now getting a new CA to attempt debt collection, sure, they can do it,  But they have already establised bad faith in contracting with a CA that they knew, or should have known, had no authority to collect.  They already have, in the words of the law, shown "bad hands," legligence, and bad faith.  And authorized a legally unauthorzed assignee to harass you.

You have a great law suit against multiple predators.  Unless this debt is in the thousands, they will dissolve away.

Message Edited by RobertEG on 08-18-2008 11:43 PM

[JShidell]

RobertEG,

Thanks, so your suggestion would be to go ahead and file complaints with BBB, FTC and AG on their violations?

Its a debt that is less then a thousand about $425 and its for an old Sprint PCS cellphone from 2004.

Thanks for your help.

v/r

JShidell

[guiness56]

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@JShidell wrote:

RobertEG,

Thanks, so your suggestion would be to go ahead and file complaints with BBB, FTC and AG on their violations?

Its a debt that is less then a thousand about $425 and its for an old Sprint PCS cellphone from 2004.

Thanks for your help.

v/r

JShidell

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You are beyond SOL. Federal law has a 2 year SOL for cell phones, no matter where you are.