Odd Collection Line

[Eyisila]

Let me start this by saying this may be a fairly long question, and I apologize in advance for that, but here is the deal. 

I just purchased my TU score from MyFico and surprisingly it was 644.  Not great but way higher than I thought.  I checked out the report it gives with the purchase, and things on there that should be on there (so to speak) are.  There is one that confuses me to no end now.  I have a collection that just reported, from a company called Credit Vision Inc.  Here are the details:

Original balance $994

Current balance $ 1196

Date assigned 10/10/13

Original Creditor Visa Card

Acct number xxxx59n1

Acct holder individual

Acct description placed for collection

When I saw this first pop up, I thought it was for a cello that we got for our daughter that I let get behind.  But I just got a letter from the music store about that, yesterday, stating that we are just behind, not in collections or anything.  So doing a bit more digging, my TU report that I got from completion of a dispute (I did dispute this debt to as one I didn't know about, and it came back validated) shows this acct fall off date approx 02/2020.  Now doing the deduction 7 years and 180 days puts this acct originally in collections around Aug or so of 2012. 

Give a little background, I have not had any credit cards except a First premier that was stolen in 2008...and reports as a positive tradeline (never late etc) until I had to call to close the account due to lost/stole card in 2009.  I have a NFCU secured opened in 2/2012 never late etc, and my Cap 1 Secured card that was opened 11/2010 and only had 1 30 day late in Nov 2011, rest paid as agreed. Recently like within the past 3 months I have gotten a Navy card, and a couple of the Comenity cards (shopping cart trick) in an effort to rebuild.  So basically between 2010 and 2013 no credit cards.

I am afraid to call them via the number given on the CR as I have not gotten any calls from them or any letters in the mail.

1. Anyone know what Visa Card is as an original creditor? 

2. Early in 2012 South Carolina had a breach in their Dept of Revenue where a hacker gained access to 3.6 million South Carolinians' SSN and payment card numbers.  I am thinking that this might be related to that, but don't know what recourse I can take, if any.  I signed up for free credit monitoring that SC offered to those that could be affected, but never got an alert or anything.  

Again, I have no idea what this is, who this is, what account this could be, who this account could originally have been with or anything.  I didn't see any information here about the company Credit Vision Inc.  But google searches show a lot of bad bad info about this company.

Any advice is greatly appreciated, and if you want/need more information, please feel free to ask and I will give.

[Anonymous]

I'd send them a debt validation letter to the address listed on your credit report.

[RobertEG]

That is the reason why the FDCPA requires a debt collector to send dunning notice within 5 days of inititating collection on a debt.

Dunning notice requires that, at a minimum, they must identify the current owner of the debt, and also advises you of your right to request verifcation and the name of the original creditor.  A consumer may not pull their own CR, and thus would be  unaware of a damaging collection.  Reporitng their collectin triggered their requirement to have sent dunning notice.

You can send a DV that invokes an automatic cease collection bar on they at any time prior to dunning notice, or within 30 days after receipt of dunning notice.

I suggest that as your next step, making sure to explicityly request the name of the original creditor in addtion to verification and itemization of the debt.

It wont require them to delete the reporting that they have already made, but it will bar them from any further activities until they provide you basis information, including the name of the OC.

[Eyisila]

Thank you both for your advice.

Any help with what the wording should be in the DV letter? 

I am new to this and could use all the help I can get.  Also, should it be sent certified and such?

[sparker256]

LETTER TO COLLECTION AGENCY COLLECTION AGENCY VALIDATION/DISPUTE/CEASE AND DESIST Use this IN ITS ENTIRETY. DO NOT call them .Use this letter and the included form to make the agency verify that the debt is actually yours and owed by you. Keep a copy for your files and send the letter certified mail WITHOUT a return receipt.

Your Name

123 Your Street Address

Your City, ST 01234

ABC Collections

123 NotOnYourLife Ave

Chicago, IL

Date: _________ CM#____________

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

This letter is being sent to you in response to your attached letter. (If you have nothing in writing use the phrase "recent communication)

This is not a refusal to pay, but a notice that your claim is disputed.

Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt.

Your legal staff will agree that compliance with this request is required under the laws of (State name) and Federal Statutes.

In addition to the questionnaire below, please attach copies of:

Agreement with your client that grants you the authority to collect on this alleged debt,or proof of acquisition by purchase or assignment.

Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.

Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities.

Your receipt of this letter will be considered as having granted consent to the taping of any and all telephone calls to me at my home or business by you or your agents or assigns

I require compliance with the terms and conditions of this letter within 30 days. or a complete withdrawal, in writing, of any claim.

In the event of noncompliance, I reserve the right to file charges and/or complaints with appropriate County, State & Federal authorities ,the BBB and State Bar associations for violations of the FDCPA, FCRA, and Federal and State statutes on fraudulent extortion .

I also hereby reserve my right to take private civil action against you to recover damages. Sincerely,

Your Name(PRINT OR TYPE DO NOT SIGN) ------------------------------------------- Debt Validation FormQuestionnaire to be returned :Account #: ____________________Original Creditor's Name: _________________________________Name of Debtor: ______________________________________Address of Debtor: ___________________________________Balance of Account: __________________________________Date you acquired this debt: _________________________This Debt was: assigned ___purchased___

[RobertEG]

If you decide to send a DV, I do not recommend sending the posted sample.

FDCPA 809(b) requires only that the debt collector conduct an investigation, and convey to the consumer a determination supported by that investigation that they have obtained vefification of the debt.  it does not require them to document their verification, or to provide the "proofs" requested.

What is or is not sufficent documentation or whether anything they send proves anything, has no mechanism for review under the DV process, and thus is not required.

Those requirements are left for legal discovery if you bring civil action, and for determination by by a judge.  There are no judges in the DV process, and thus anything they send or dont send will receive no review.

You cannot compel a debt collector to cease and desist all collection activities.  If your DV is timely, it automatically does that until they respond.  If it is untimely, you cannot impose your own cease collection bar on them.  You can only send a separate cease communication request to them, which extends only to communications, not other collection activities.

Simpy state that your letter is a request for debt validation under FDCPA 809(b), and that included in your request is that they provide verification of the debt, the name of the original creditor, and an itemization of the debt. 

[sparker256]

§ 809.  Validation of debts   [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(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.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

[Eyisila]

I appreciate the help.  I was wondering if this would be ok for a DV letter. 

Date: 2/18/2014

My Name

My Address

My City, State, Zip

Collection Agency Name

Collection Agency Address

Collection Agency City, State, Zip

RE: Account # (Fill in Account Number)To Whom It May Concern:

Be advised this is not a refusal to pay or request for verification, but a notice that validation is requested.  I recently pulled my credit bureau report, and I discovered that you claim I owe you a debt.  Under 809 of FDCPA, please send me validation of this debt.

Also, I should send this CMRRR, save all receipts, the return green paper when I get it and so forth correct? 

[RobertEG]

Looks good, with the possible addition of a request for the name of the original creditor, and for an itemization of the asserted debt.

Both of those items are accepted parts of any DV request, in addition to verificatin of the debt.

As for sending CMRRR, yes, since timeliness of your DV establishes whether or not it imposes a cease collection bar on the debt collector, it is prudent to have proof of that date.  That, however, assumes that your DV is timely, meaning sent within 30 days of their dunning notice.

If not timely, it imposes no bar, and date of receipt thus becomes academic.

[Eyisila]

I do not believe that I have ever recieved a dunning notice.  I am pretty diligent about looking at my mail, especially since I started the rebuilding process.  And I do not recall ever recieving one about this supposed debt. 

Does that change anything?