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Appearing out of thin air another magical creditors claim

Date: Sat, 03/24/2007 - 17:12

Submitted by anonymous
on Sat, 03/24/2007 - 17:12

Posts: 202330 Credits: [Donate]

Total Replies: 10


Okay I monitor my credit reports and I got an email alert today stating something had changed. well to make a long story short. i had a land line that I couldn't pay the bill so it was disconnected. The final bill was something like $150. well I finally got a job and about that time I got a letter from a collection agency stating I owed this $150 it had been "turned" over to them) Anyhow I sent them a letter stating I was going to work with the original creditor and expected no more communication from them. This was 11/06 (I never heard from them again). I have made monthly payments to this creditor (phone company) every month since then and will until the debt is paid. well low and behold this CA has now placed their 'claim" on my report. I disputed the information online but my question is, can they do this? If I am paying the bill with the original creditor every month can this CA report it to the credit bureaus?


An original creditor and ca cannot collect on same account. The preferred way I would handle this is to call original creditor and verify that they have pulled account from the ca. Once you have that in writing,send a tersely worded letter to ca with a copy of oc's letter stating that they no longer have this account and better remove their reporting.


lrhall41

Submitted by cajunbulldog on Sat, 03/24/2007 - 18:22

( Posts: 4850 | Credits: )


If a creditor sends an account to a collections agency, they are simply requesting that the CA service the account. A creditor can still accept payments while a CA is servicing it. The creditor would have to report the payments to the CA and update the balance owed with them. But CA can still contact you (provided you didn't send c&d letter), and they can report to the bureaus. There is no law that says a creditor cannot accept payments after they sent it to a collection agency. Many times, in fact, you will find CAs that ask you to make your payment out to the order of the creditor, and when they receive it they simply forward it to the creditor.


lrhall41

Submitted by DebtCruncher on Sun, 03/25/2007 - 20:47

( Posts: 2293 | Credits: )


I agree totally with DebtCruncher. Contingency collections is usually done under contract and the debtor cannot demand that the account go back to the OC...debtors just dont have that legal right. They can demand that the CA not contact them, but that does not prevent the CA from furthering legal action or reporting it to the CRA. The fact that the OC is cashing your check means nothing...with contingency collections they then have to send a pay direct to the CA. This is common practice.


lrhall41

Submitted by SOAPLADY on Fri, 03/30/2007 - 15:52

( Posts: 17315 | Credits: )


Okay so an update, I received a reply to my dispute and they state that it remains, yet they have not changed the balance. The last report date is from 11/06 with a balance of $166, yet I know the balance is now $116. Do I wirte the original creditor to get a statement of balance and then send that on to Experian stating that I do not have any knowlegde of the the CA on my report, that I have only worked with the OC?


lrhall41

Submitted by anonymous on Wed, 04/04/2007 - 13:59

( Posts: 202330 | Credits: )