Tricky question, but here is my advice.
Apparently, the only way you know that the account was placed into collection is the statement from the OC. So the OC hired someone else to do the dirty work. I would thus sit back and wait a bit, for the CA to do something.
The CA is required under section 809(a) of the FDCPA to send you a "dunning" notification" within five days of any initial communication with you about the debt. If they have not called you or effectively communicated their collection activity to you by making a post in your CR, then they dont exist under rights of law. They are delaying, because once they make an initial contact, you can just DV them, and thus shut down all their colletion activities. And, for gods sake, dont call them, for they may assert that they gave you your dunning rights over the phone, thus triggering your 30 days to respond.
I aqree with Sidewinder. Confine your activities to only the OC now, and act as if the CA does not exist. If the OC has told, or continues to tell you, that they have sent it for collection, I would just pleasantly tell them that you have had no contact from any CA, and thus cannot validate with any CA under the FDCPA, so can only continue to deal with them (the OC).
Force the CA to initiate, and hope they dont initiate within the 5-day period. They think we are all stupid.
Message Edited by RobertEG on 11-13-2008 11:01 PM
