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Can CA collect a debt when the OC is out of business

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Anonymous
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Can CA collect a debt when the OC is out of business

Can CA collect a debt when the OC is out of business
Message 1 of 17
16 REPLIES 16
Anonymous
Not applicable

Re: Can CA collect a debt when the OC is out of business



maguff wrote:
Can CA collect a debt when the OC is out of business



Depends on if they own the debt or was assigned the debt.
 
Is it past SOL?
Message 2 of 17
Anonymous
Not applicable

Re: Can CA collect a debt when the OC is out of business

no it did not pass the sol.  i was never contacted by the oc since 2004,  dec 2007 the ca sends me a letter then they put it on my credit report jan 2008
Message 3 of 17
Anonymous
Not applicable

Re: Can CA collect a debt when the OC is out of business

I have two medical account with Central Financial Control...from Kenner Regional Medical Center in Louisiana...after hurricane Katrina..the hospital closed down...and sold...

I don't know of the CA was assigned to the debt..or the CA bought the debt...hold up..is that the same thing... Well I DV'd the CA at the end of last month...instead of them sending me validation..they took the time out to send me letters..stating they were investigating..and would stop all reporting until they verify..now I was wondering..why would they take the time out to send these letters..instead of just sending the info..I don't think they can verify..

So I think if they bought the account..they can still collect on it...the worst thing about SOL in Louisiana is..the SOL is something like 10 years...

Message Edited by slyhouse08 on 05-12-2008 05:36 PM
Message 4 of 17
Schoolbuskid
Valued Contributor

Re: Can CA collect a debt when the OC is out of business

wow 10 years thats ridiculous! If they CA owns they can collect on it!
Rebuilding and Reducing Debt, is my game plan.
Message 5 of 17
Anonymous
Not applicable

Re: Can CA collect a debt when the OC is out of business

how do i DV? is it the same as Disputing the account? because an old girlfriend of mine that worked for a CA said they probably know the OC is out of business and they are applying pressure to me to get me to pay quick
Message 6 of 17
Anonymous
Not applicable

Re: Can CA collect a debt when the OC is out of business

how do i find out if the ca owns it?
 
Message 7 of 17
llecs
Moderator Emeritus

Re: Can CA collect a debt when the OC is out of business

I'd DV. There's sample letters all over in here. Search for DV example, or something like that.
Message 8 of 17
Schoolbuskid
Valued Contributor

Re: Can CA collect a debt when the OC is out of business

Whoever is reporting on your credit report owns the account, the OC can report as well but must show a 0 balance! If you know the OC is out of business, then ofcourse collection agency owns the account!
 
Here is a sample DV letter!
 

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:
I pulled my credit bureau report, and I discovered that you claim I owe you a debt. 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

Rebuilding and Reducing Debt, is my game plan.
Message 9 of 17
Anonymous
Not applicable

Re: Can CA collect a debt when the OC is out of business

ok thank you so much. What is this DV going to do? Whats going to happen next? What will they most likely come back with?
Message 10 of 17
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