Collection Company Timeframe

[Anonymous]

If the bank assigns their charge-off to a collection agency (in this case, a short sale), is there a time frame that the collection agency must get in touch with me before they start the harrassing phone calls? 

Also, shouldn't there first be a letter before the phone calls start coming ?  I just sent a debt validation letter on the advice of my lawyer but I think this was assigned to them back in July or August of this year and I started receiving calls from them only recently. I told them to resend the letter they original said they mailed me (that was two weeks ago) and still received nothing.

[Anonymous]

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@Anonymous wrote:

If the bank assigns their charge-off to a collection agency (in this case, a short sale), is there a time frame that the collection agency must get in touch with me before they start the harrassing phone calls? 

Also, shouldn't there first be a letter before the phone calls start coming ?  I just sent a debt validation letter on the advice of my lawyer but I think this was assigned to them back in July or August of this year and I started receiving calls from them only recently. I told them to resend the letter they original said they mailed me (that was two weeks ago) and still received nothing.

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Within 5 days of first contacting you, they must provide a dunning letter. So, no... they can sit on the debt for as long as they want, prior to first contact. But, now that they've contacted you, via phone, they must send the letter.

[Anonymous]

Thank you forthe reply.

I've asked them for the letter...asked them to fax it to me as I don't remember receiving it and they still haven't done so (that was two weeks ago).

What stops them for making up a letter and putting a past date on it or must their letter be delivered certified mail?

[MarineVietVet]

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@Anonymous wrote:

Thank you forthe reply.

I've asked them for the letter...asked them to fax it to me as I don't remember receiving it and they still haven't done so (that was two weeks ago).

What stops them for making up a letter and putting a past date on it or must their letter be delivered certified mail?

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I guess they could do this but the postmark on the outside of the letter would tell you when it was actually mailed.

I've never had one sent certified but I suppose it's possible.

From a BK years ago to:
EX - 9/09 pulled by lender 802
EQ - 7/06-663, 3/10-800, 10/10-813
TU - 10/10-774
You can do the same thing with hard work

[IOBA]

My gram use to write the date (day, month, year) on the outside of every envelope she received.   She stapled the envelope to the bill or correspondence.

If you are worried about them back dating a letter, take action.  Send them a DV letter and clearly state that you STILL have not received a dunning notice, despite your verbal requests on xx dates.

[RobertEG]

If the bank assigns their charge-off to a collection agency (in this case, a short sale), is there a time frame that the collection agency must get in touch with me before they start the harrassing phone calls? 

Also, shouldn't there first be a letter before the phone calls start coming ?  I just sent a debt validation letter on the advice of my lawyer but I think this was assigned to them back in July or August of this year and I started receiving calls from them only recently. I told them to resend the letter they original said they mailed me (that was two weeks ago) and still received nothing.

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Once the debt collector is assigned the collection by the OC, the CA can call  you at any time of their choosing, without prior writtten notice, and intiiate their collection activities. By phone, by written communication, or by way of posting to your credit file.   No prior letter is required.

The FDCPA regulates them as follows.  After any initial communication with you, which their first phone call certainly was, then they are requried, within 5 days of that initial communication with you, to send you a formal, written collection (dunning) notice.  FDCPA 809(a).

Your sending of a DV letter, regardless of their sending you any collection notice, barred them as of their date of receipt of your DV request, until such t ime as they have provided proper verification of your DV request, from any further communication with you.  If the called after receipt of your DV. they are in clear  violation of FDCPA 809(b).

You dont need them to resend anything,or wait for a copy of any collection notice they may or may not have sent.  It is immaterial now, since you sent then a valid DV request.,.  They are under a bar from any collection activities after receipt of your DV letter, and until they fully respond to it.

They cant call you until they provide full debt verification under FDCPA 809(b).

Whether or not proprer collection (dunning) notice was sent, or when it was sent, is now kinda moot. You have the control over further communications by way of your DV letter.