New Collection Help

[RABQUE]

I received a collection notice from Comcast/CA for $1350.  Regarding past due service and unreturned equipment for two boxes. The noticed stated that the account had not been turned over to collections yet and in order to prevent it, I should pay the amount to Comcast.

 

I called Comcast and informed them that the boxes were returned but unfortunately I do not have the receipt. In addition, I informed Comcast that they were charging me for services after I had already moved….Long story short I escalated all the way to corporate. They adjusted the charges for my service and gave me a credit for $200 and currently I am waiting to hear from corporate regarding a credit for the boxes. If they give me a credit for the boxes that would leave a balance of $400.

 

After I received the letter from the CA, I immediately sent a DV letter to them. I am in the process of buying a house and cannot afford to have any new collections hit my report.

 

My question is what should happen next. Would the CA have to send a new collection notice because the amount has changed? What steps should I take to ensure that this disputed collection amount doesn’t make it to my credit report?

[Anonymous]

Did you request a "Validation of Debt" or did you dispute the debt?  There is a little difference.  A DV is not necessarily a refusal to pay or dispute, it is a request for validation of the amount, original creditor and what billing is for (to be obtained from the original creditor).

But if you disputed the debt, there are a variety of flavors.  You can dispute that the account is or ever was yours and that nothing is owed.  You can dispute that the amount was previously paid to the OC.  You can dispute that the amount is incorrect.  Etc, etc, etc.

However, if the CA has not reported this to your credit, then technically and legally they should not report it prior to providing a written validation of debt to you, obtained from the original creditor.  Once they have done that, they are free to report the collection.

If they report prior to validation, or without validation, then they have violated FDCPA and possibly state consumer and collection laws.

You best bet is to work directly with Comcast and see if they will take a settlement and recall the Collection.  If they will accept the payment and settle the account, then there is no collection, and the CA has no legitimate basis to report anything.  A CA reporting to consumer credit is "an act of collection."  Thus, if they are not collecting, they should not be reporting.

If you are trying to obtain or close on mortgage, it may be best to pay the bill, but then work for a refund.  At least then you are not in jeopardy of ongoing collections and credit damage.  Sometimes you have to pay the piper and then ask for a refund in order to protect your credit

[RABQUE]

Yeah I understand what you are saying….I just sent a Debt validation I didn’t think about sending the dispute. I was hoping by the time they validated the debt it would have already been resolved. Unfortunately, it is taking longer than expected.

 

I just called my point and of contact at Comcast and informed them that I know they are able to recall the debt from the CA…also advised them that I would like for them to do that until we get this resolved. He said he would check with his superior and get back to me…Hopefully they come back with good news.

[RobertEG]

I think you have a basic issue of whether the notice from Comcast was an internal collection notice, or a third- party collection agency notice.  If not a third party collection agency, the FDCPA does not apply, and they have no dunning notice requriement, and you have no DV rights.

Remedy would be a dispute filed with the CRA under FCRA 611(a).