I filed a BBB complaint on CACH, LLC. I initially sent a DV on Feb 25, 2012; and their letter never validated nor verified the debt.
Here is my COmplaint:
I have sent mutliple letters to the aforementioned company above, CACH LLC to substantiate this account is mine. I NEVER opened this account.
ACCOUNT 12000520XXXX Opened 2/1/2011
I sent a letter certified mail earlier this year with mutliple letters that followed due to CACH, LLC failure to reposnd to my request. The letter stated: This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your office provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following:
*What the money you say I owe is for;
*Explain and show me how you calculated what you say I owe;
*Provide me with copies of any papers that show I agreed to pay what you say I owe;
*Provide a verification or copy of any judgment if applicable;
*Identify the original creditor;
*Prove the Statute of Limitations has not expired on this account;
*Show me that you are licensed to collect in my state; and
*Provide me with your license numbers and Registered Agent.
If your offices have reported invalidated information to any of the three major Credit Bureau's (Equifax, Experian or TransUnion), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:
*Violation of the Fair Credit Reporting Act
*Violation of the Fair Debt Collection Practices Act
*Defamation of Character
If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls or correspondence sent to 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.
This is an attempt to correct your records, any information obtained shall be used for that purpose.
To this date I still have not received anything from CACH LLC.CACH LLC verifies this account as mine to the 3 credit bureas but I have never opened an accout with the original creditor to who they purchased this account frrom. CACH LLC refusal to validate/verify this account accuratley is a disgrace to service members who are honest.
CACH LLC has violated:
FDCPA Section 809. Validation of debts 15 USC 1692g
(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.
Their reponse via BBB is:
On September 25, 2012, the business provided the following information:
Thank you for forwarding the consumer's concerns.
CACH, LLC is a passive debt buyer. It does not initiate collection calls or generate demand letters. Our accounts are placed for collection with third party law firms and collection agencies.
The account at issue is marked as being in dispute and our trade line for the account is reporting the account's disputed status. We responded to the consumer's February 21, 2012 letter on March 5, 2012.
The account is currently placed for collection with the law office of P. Scott Lowery. The contact number for the firm's office is 800-976-2201. The address is 1422-A East 71st Street, Suite B, Tulsa, OK 74136.
We encourage the consumer to work directly with the law firm.
Sincerely,
Alan Singer
Associate General Counsel
What should I do next....obviously they are collecting on behave of this law firm that I never received any dunning letter or communication from. I have only received phone calls from CACH, LLC attempting to collect this debt. Are they in violation since it seems they HAVE NO documents or infomation to stand on or collect and should not be on my Credit Report????
Please any assistance is appreciated!!!
Starting Score: FAKO: TU 602 EQ 550 EX 565 - 08|2012
CACH LLC is actually the CA and they use law firms to actually collect for them.....I just had a recent experiece with them after receiving a dunning letter from the law firm they utilize. The response back I got from them from my BBB dispute, was that they don't agressively pursue collection of accounts, and that they make no phone calls, or send letters as well. They agreed to delete TL from my credit reports from the complaint with the BBB.
Starting Score: 7/12 545 EX (PSECU)Do you have any suggestions on how I should respond to the BBB CACH, LLC response?
Did you DV the law firm......It was weird.....I disputed CACH, and within a week a had a letter from the law firm, and immediately that evening I sent out a DV to the attorney, and then I filed with the BBB.......I would send a DV to the attorney, since it was turned over to them to collect, and I'm assuming you haven't recieved anything from his office, and make the attorney validate the debt.....I wouldn't agree with the BBB explanation though
My other argument is if they "passively" collect debts and make no calls or letters, do you honestly have a chance to settle the debt before it got or gets to this point......That's my argument
No didnt DV the Law firm since I never received anything from them...just got the annoying phone calls from CACH LLC. With CACH collecting the debt for the law firm is that legal since it should be the law firm? I am fuming right now since if CACH can post on my CR they should be the ones that need to validate the debt since its their name on my CR.
I just pulled my CR on USAA and the balance "owed" has increased........
Seems to me if they're calling, they're collecting. They just spread some fertilizer to the BBB.
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Basically and itsirratating. I am just lost on what to do. If it wass mine I would own up to it. BUt is not mine
CACH owns the debt.... I guarantee if you dig a little they turn their collections over to attorneys to collect. They use a couple different law firms to collect for them. CACH does own the debt, but like I said they outsource to the accounts to these attorneys.