Should I Pay This Bill

[Anonymous]

Hello...from my user name, you can see that I am desparately trying to buy a house. I am in the process of cleaning up my credit file, and the most important thing that I think that I need to do is to keep any new collections off the report. So, I have been trying to pay off old accounts that I don't see on my three reports.

Well, I pulled my report last week, and in today's mail, I got a collection notice about an account that has not reported. Could this be because I pulled my reports last week, and this creditor was just waiting to see if I do? I re-pulled today on TU and EQ, and I see no new inquiries. So, this is my first question...is this clean-up putting me in the spotlight, but I just don't see the inquiries because of some special arrangement that the CAs have with the CRAs? It is strange that the collection notice is dated the day after I pulled EQ and TU.

Second, this account has not reported as in collection. The notice says:

Dear (Me):

There is still time...

Our client has asked that we extend our offer to settle your past due account in the amount of $XXX.XX. Do not let this opportunity pass you by. We have been given authorization to report unpaid balances to the national credit reporting agencies. You need to act to get this matter resolved. You have this remarkable chance to keep negative information regarding this account off your credit report. What an opportunity!

Credit Protection Association is a professional collection agency operating nationwide with affiliations with all major credit bureaus. Your credit is an important asset. Negative information can remain on your report for several years. Take advantage of our offer!

Please mail your payment today. Include the attached payment coupon for proper credit.

So, should I go ahead and get a check in the mail to these guys today? The check is supposed to be made payable to the OC. If I do, should I put a restricted endorsement on the check? Or should I DV the debt?

Thanks so much! Again, my most important goal is to keep any new collections from hitting my account.

Any input is much appreciated.

[RobertEG]

The major problem with this letter from the CA is what it does NOT say.

It is clearly an "initial communication with a consumer in connection with the collection of a debt" under FDCPA 809(a).  This triggers their legal requirement to provide you written "dunning notice" under that same section within five days of that initial communication. That outlines your legal dispute rights.

I dont see that in their letter.  Have they done this?

Do you dispute the validity of the debt?

[Anonymous]

The letter does say at the bottom, "This is an attempt to collect a debt by a debt collector and any information obtained will be used for that purpose."

I do not dispute the validity of the debt.

[Anonymous]

If this is for a Comcast or cable bill, I would contact the OC directly and ask to pay them.

I had one from the same CA (several years old), paid the OC, and the collection fell off my report.

[RobertEG]

No, that statement is not proper dunning notice.  See FDCPA 809(a).

But if you dont dispute it, and want to forstall the entry of a CA into your credit report, contact the OC and make payment arrangents with them, under condition that they will immediately pull the CA.

Message Edited by RobertEG on 04-18-2009 10:12 PM

[Anonymous]

Thanks so much for all of your help.  I have a couple of more questions.

If I call the OC (this is Comcast), should I pay over the phone by credit card, or should I require something in writing from them before I pay that they will will the account from the CA?

Is my cleanup efforts what are caused this notice to trigger?

Thanks!

[Anonymous]

When you pull your own report, it is a soft inquiry. No one else can see those.

However, I would opt out with the CRA before continuing.

[Anonymous]

As an update, and to ask another question...I paid the CA on this account. Nothing has posted yet. I had another Comcast bill past-due, and I paid it directly to Comcast. I called them about this hard inquiry, and they said that somebody applied for service in my name with my SS# and gave me an address from another town! This was over a week ago. I disputed the hard inquiry with the CRA (EQ) and they deleted in in less than 48 hours after they received the dispute.

They (Comcast) are supposed to be sending me a fraud kit for the account that was supposedly opened that caused the hard inquiry, but I have received nothing yet.

On the second past-due account, I asked them if they would have the CA remove the negative TL, and the rep said that he would see what he could do. Well, the second past-due account now shows as paid-in-full on two CRs (TU, EQ) and was completely removed from EX. I went ahead and disputed the account with EQ, and I am leaving it alone on TU. Could the removal from EX be from Comcast's request to the CA to do it? If so, can I expect that the other two will be removed? If so, did I screw up on the dispute with EQ?

Back to the fradulent new account, does anyone have any advice for me?

Thanks!