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Posted: Tue Apr 22, 2008 2:05 pm Subject: Best way to handle this?

I have a collection agency that just popped up a few weeks ago and I'm looking for some opinions on what to do next. I sent a debt validation letter (CMRR) and on 4/5/08 they signed for it. Now, this collection agency was never on my credit report and all of the sudden on 4/18/08 they decide to list the debt on my credit report as Open and in Collections. Should I send them a letter saying they have 30 days to remove this from my credit report until they validate my debt?

Posted: Tue Apr 22, 2008 2:20 pm Subject:

If they posted it on your credit report after they received your validation letter you can sue them right now for it as it's considered continued collection activity.

Posted: Tue Apr 22, 2008 3:29 pm Subject:

Hi Ryan--

JCEMT is 100% correct. Reporting on your credit bureau is continued collection activity. Once you send that DV request, and they sign for it, they are not allowed to perform any further collection activity at all until they obtain validation and provide it to you. This in fact violates two laws--

1--section 809 of the FDCPA, which says what I just said above about validation.

2--Fair Credit Reporting Act--because they just reported information on your credit file that has not been validated. They are responsible for what they report and anything they report must be accurate. They can face penalties if they report inaccurate entries on a credit file.

I wouldnt waste time on this one--I would consider speaking to an attorney about taking action. Seriously. They just broke the law--if they start calling or sending demands for payment in the mail again, you will have them on another violation.

Guest · Posted: Tue Apr 22, 2008 3:37 pm Subject:

Not to hijack this thread but if they put an amount of say $3,000 updated on 04/2008 on trans union and put $3,020 updated on 04/2008 on Experian, would that constitute reporting inaccurate information?

Posted: Tue Apr 22, 2008 5:15 pm Subject:

Ok, maybe they sold the debt after I sent a debt validation letter. I sent the validation to:

Law Office of Vincent P Cignarale LLC
5100 Transit Road
Depew, NY 14043

now my credit report is claiming

UNITED STATES CA LLC
2809 WEHRLE DR 1
WILLIAMSVILLE, NY 14221
(716) 565-1430

Did they maybe transfer this once I sent the validation? I can not find anything on google that they are the same company.

Guest · Posted: Tue Apr 22, 2008 5:51 pm Subject:

I came up with this by the phone number:
Account Management Services, LLC (NYS ID#2698160)

2805 Wehrle Dr., Suite 11

Buffalo, NY 14221

The President is:

Mark F. Bohn, (Registered Agent) -Originated: DELAWARE - 12/08/2000

Account Management Services, LLC

2805 Wehrle Dr., Suite 11 Buffalo, NY 14221

Email: mbohn@amsofna.com Phone: 716-565-1430

Go to giovelawofficeexposed.com/ams.htm

Also I think by reporting the name United States CA is a violation under the FDCPA.

No Nonsense Collector · Posted: Wed Apr 23, 2008 8:48 am Subject:

edited by FYI Please ignore this post.

Guest · Posted: Wed Apr 23, 2008 9:05 am Subject:

Just because some bottom feeder has placed the account on a persons credit report does not mean that it is a valid debt or even that it is that person's debt. It is a person's federal right to dispute the validity of a debt. If you don't agree with that maybe you are not a "no nonsense collector", but someone with no regard for law or consumer rights.

Posted: Wed Apr 23, 2008 10:54 am Subject:

Guest don't respond to him. He just flames the boards and runs.

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