Collector Sold account during Validation - please help.
Date: Wed, 02/25/2009 - 16:49
First my background
On 06 Feb 2009 I sent a validation request to West Asset Management via certified USPS post. They received and signed for the letter on Feb 12th.
Meanwhile I knew West Asset Management could not validate the debt. So today I updated my credit report online and seen West Asset had removed my account completely. Only yesterday it was "Disputed by consumer.." So I thought I had already been home free.
But, when I returned home from work today (25 Feb 2009) I got a call from Enhanced Recovery Corp for the same debt. They informed me that they received the account on 18 Feb 2009.
Can a collection agency, during validation, sell an invalidated account? No doubtedly this new collection agency could report the debt to the Credit Agencies during the validation period.
I intend to send off another validation request before it hits my credit to the new collector, I know they too will fail to validate. But will this be a never ending cycle only to validate to each future collection agency?
Can I file suit and is there any actual legal evidence that this should not be happening?
Thanks in advance.
Tommy
This is very common. It is easier for them to sell it than to va
This is very common. It is easier for them to sell it than to validate it. This can happen over and over again. Just keep sending the validation letters and keep watching you credit report.
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frogpatch right.when a less than ethical agengy like WEST ASSET can't validate they sell it off.just do as he advises.it's can be a long jagged road,but you can outlast them.
paulmergel, please answer this question
I heard that if a CA sells a DISPUTED account to another CA, without advising them that the account is Disputed, that ther might be violations of the Statutes of Fraud.
Paul, you seem to be well informed about matters such as this, and if you know the answer, please post!
Thanks !
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that is a grey area.some people request validation for different reasons.i have requested validation because i disagreed with the amont they were collecting.others request validation because they are in a payment plan with the OC.unless you state in your DV letter that you are disputing the debt totally.unfortunately validation of debt and disputing debt are two different things.