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Okay, I have a question. A while back a company called CACH contacted me stating they purchased one of our accounts. They were extremely rude, refused to give me any info about the account, asked lots of questions about where we bank, bills we have, mortgage info, etc. I refused to give them any info, since they would not give me any. The representative eventually told me that I needed to get off my fat a@$ and get a job, etc. So, I asked them to send something in writing, they said they don't have to. I hung up and called back, asked for their address and sent a debt validation letter. Never heard from them again, nor did I recieve any validation from them. Now today I got a letter in the mail from a "law firm" that is representing CACH. My question is, since CACH never validated the debt, can they have an attorney continue with collection efforts on their behalf? It seems like since CACH still has the debt, that they cannot continue collection efforts. Am I right?

Posted: Tue Apr 25, 2006 12:27 pm Subject:

Hi TMD

If you actually have an account with CACH, you must get the details in writing whenever requested. The company sounds unfair by not giving you the details. Check your credit report and confirm if this account is appearing in your file.

A credit company can hire an attorney for collecting the debt if the consumer is not making the payments. In your case, the original company seems to be un-cooperative. So, you should cover your basis by sending letters in writing and requesting for the details. In case, the matter is taken to the court, you will be able to prove your side of the story.

Send your letter through certified mail with return receipt requested. Keep copies documented in a file for records. I am sure nothing will go wrong as long as you are in the fair side.

Posted: Tue Apr 25, 2006 12:35 pm Subject:

Also, TMD check out Bud Hibbs site. Click on americas worst collection agencies. They are rated number 10 on their list.

Posted: Tue Apr 25, 2006 12:38 pm Subject:

If you haven't already disputed anything on your credit report under CACH, I would do so. I would also send a validation letter to the attorney's office.

If it were me, in the letter I would include information about how CACH refused to give you acct information (how can you be forced to pay, when you don't know what you are paying FOR?), how they wouldn't validate the debt, all violations of fdcpa, since it sounds like CACH is a collection agency as well.

I did a Google search, and CACH may also go under the name CACV; they are listed on many consumer related sites as bad debt/ junk debt buyers. Info I found:

Collect America

Aka/CACV & CACH

1999 Broadway, Suite 2150,
Denver, CO 80202-3050
Ph: (303) 296-3345
Fax: (215) 281-7522

Phillip Scott Lowery Offices:
4500 Cherry Creek Drive South
Suite #700
Denver, CO 80246

Web Address: collectamerica.com/

Head Debt Collectors:

Phillip Scott Lowery

Arthur Todd Lowery

Erma J. Lowery

Brian L. Johnson

David L. Michael

James R. Wolf

Link Made inactive as per forum rules - Mike

Posted: Tue Apr 25, 2006 3:25 pm Subject:

CACH must think that by sending the account to the law firm, they get out of validating the debt. CACH is not even the OC, so they need to provide that info. But, the law firm stated in their letter that CACH is the original creditor, that makes no sense. CACH may have bought an account, but that does not make them the OC.

Posted: Tue Apr 25, 2006 3:28 pm Subject:

This is possible, TMD. If a credit company hires a collection agency for recovering the debt, the credit company is still the OC. But, if the account has been sold to certain company, they now become the original creditor.

But in any case, you need to have the complete info of your accounts before you make a payment.

Guest · Posted: Tue Apr 25, 2006 9:13 pm Subject:

I was actually told that just because someone buys an account, that does not make them an OC. They are a debt purchaser, considered a 3rd party collector under the fdcpa. And if you request validation, they must provide you with the original creditor, the person you originally had a contract with. It would not make sense for them to now be the original creditor, because then there would be no way to prove that you do not owe them. Then anyone could make up a sum of money, say you owe them, that they bought the debt, and that they are now the OC and do not have to prove anything more. The laws still protect you from that.

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