Can a CA transfer a account while it is disputed?
Date: Thu, 08/26/2010 - 09:28
I now have started getting calls from Plaza Associates at night. I don't normally have my cell phone with me when I am home so I have missed their calls. I called back last night and they had closed already so I didn't get to speak to anyone about it.
I only have one charge-off so I believe that is what they are calling about.
Is it a violation to transfer the account once it is in dispute? Can they keep passing around the debt without validating it properly to all their friends and family?
it is no violation to transfer the account. you must log your di
it is no violation to transfer the account. you must log your dispute all over again with the new agency including new DV letter should you chose.
Yeah, as per FDCPA, the debt collector cannot continue with the
Yeah, as per FDCPA, the debt collector cannot continue with the collection process once you dispute the debt. But they can sell the account. The worst part is, you need to restart the process of sending the DV letter to this new debt collector.
Wouldn't selling the debt (or reassigning it) to another collect
Wouldn't selling the debt (or reassigning it) to another collection agency constitute continuing collection efforts?
Hi OhioGal, selling of debts or reassigning it does fall in col
Hi OhioGal,
selling of debts or reassigning it does fall in collection efforts. But, this law is followed by legal debt collectors. Most of the creepy collectors don't care about the FDCPA rules.
OK. I thought that was the case but I was confused by one of th
OK. I thought that was the case but I was confused by one of the answers above. I know LVNV is scum so, doesn't surprise me.
So if LVNV bought the debt and are not the original creditor and
So if LVNV bought the debt and are not the original creditor and they sold it to another CA, Can I get LVNV's collection off my credit report now that they no longer own the debt? I disputed the original listing and they CRA removed the original creditor from my report.
Well, if LVNV actually sold the debt, you should be able to have
Well, if LVNV actually sold the debt, you should be able to have it removed as it's unverifiable. If they just hired someone else to collect for them, you may get around the constant changing of the guard by sending both the new CA AND LVNV DV letters - and I'd cc each of them so they know you're doing it.
It's my understanding that when a disputed debt gets passed on,
It's my understanding that when a disputed debt gets passed on, the one passing it on MUST inform the "buyer" that it IS disputed.
It's also my understanding that doesn't happen much of the time, if at all. :)
Way back when LVNV/Resurgent first got the debt and I received m
Way back when LVNV/Resurgent first got the debt and I received my first letter from them, I called Cap. one to verify that they were able to collect on the debt. The Cap.1 collections department told me that they did not have any records of who owed the debt after they charged it off. I asked for validation from Resurgent and didn't hear anything back from them. I then started getting calls from someone else and when I asked for validation, I received a letter from LVNV Funding. I requested validation from them and they sent me a typed letter with my name, Cap.1 as creditor, amount owed (per LVNV). I then sent another letter to them letting them know that that was not proper validation and asked that they not contact me through phone calls, only mail. I received a letter back from them stating that they received my request and would cease all communication. I then received a letter from Richard J. Boudreau so I DV'd them and LVNV funding. I haven't heard anything back from either for about 8 or 9 months until I started getting phone calls from Plaza Associates. I really don't mind paying the debt, once I find out who legally owns it and how they determined the amount owed. The problem is no one wants to validate anything so we are on the go-around. I guess the good part is that in about a 1 1/2 years, it will be past the SOL but I would like to take care of this debt as I know I owe someone something.