Debt Recovery Solutions

[Anonymous]

I've posted about this particular agency before, some of you may remember the discussion about it.  Anyway, my TU report was clean and then DRS reported a $193 collection which dropped my score from 716 to 680.  I offered to pay in full to get the account deleted and he responded back that they dont do deletions.

So I've been thinking about this alot and think I may have come up with a solution to get them to accept my offer of pfd.

Typically when I have an account go to collections, the agency sends me a letter stating that they own the account and usually offer me a settlement.  The letter also states that if they dont receive payment or a response from me within 45 days, they will report the debt to the credit bureaus.

I did not get any type of letter from DRS letting me know that they own the collection, which also means they did not give me a chance to take care of the debt prior to them reporting it to TU.  Isnt there some law or regulation that states they have to notify me of the debt before reporting it?  Ive been googling trying to find the answer and I'm not coming up with much.

[RobertEG]

There is no such requirement.

A debt collector can report their collection without any prior notice to a consumer.

Notice to a consumer is required once a debt collector has initiated communication with a consumer regarding the asserted debt.  FDCPA 809(a).

That requires sending of dunning notice within 5 days after establishing an initial communication.

While not specifically stated in the statute, the reporting to a CRA has been established under case law as an event that triggers requirement to send dunning notice.

Thus, you could assert lack of timely dunning notice should they report and then not send the notice, but that is not basis for requiring deletion of their reporting.

[Anonymous]

UPDATE: I submitted a CFPB complaint on Wednesday stating that I never got any correspondence from them stating that I owed the money. I got notification from the CFPB today that they responded to my complaint. He was asking me to call him and he is confident that we can resolve this matter. So I called. He was very very nice. He said he believes me when I say I didn't know about the debt and he agreed to delete the account from the credit bureaus. I paid the $193 today so it's done. Soon I will have squeaky clean credit reports.

[RonM21]

Very well done! Had you just not done anything, you'd still be in the same situation. Good move on your part.

[Anonymous]

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@RM21 wrote:
Very well done! Had you just not done anything, you'd still be in the same situation. Good move on your part.

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Thanks RM. The account is gone from all 3 reports now. My TU fico jumped 49 points to 729. Still have 1 baddie on Experian and 2 on Equifax which hopefully will be off any day now. I can't wait to see what my final scores are.