Are the OC off the hook if they sell yo debt to a CA
Date: Wed, 04/06/2011 - 07:43
[SIZE=3] If the original creditor has sold your account to a collection agency, are they still required to respond to a dispute within 30 days according to FCRA? Or can they just ignore your dispute without any consequences? I know for fact that a CA has re-aged and old debt but have no proof, was hoping the OC can provide the accurate LDOA. Activity [/SIZE]
If the CA owns it, you should be sending them a debt validation
If the CA owns it, you should be sending them a debt validation letter. If it's a bottom feeder, it's highly unlikely they can verify the debt anyway. Is the original creditor's info still on your credit report?
Are the OC off the hook if they sell yo debt to a CA
No the OC is not on my credit report. I called the OC and they don???t have any record of the debt. I was hoping to get a letter from them stating that but that won???t work if there are not required to respond to a dispute.
The FCRA only gives the right to dispute the accuracy or complet
The FCRA only gives the right to dispute the accuracy or completeness of information reported to your credit file/report. If the OC never reported, then there is no reported information to form a dispute with the OC under the FCRA.
If the OC sold the debt, and had reported to the CRA, sale of the debt would not remove the question of the accuracy of any information still remaining in your CR, and thus you could dispute with the CRA.
The issue is the accuracy of the credit reporting itself, and not the ownership of the debt.
Once the debt collector reports to a CRA, they are subject to the dispute process under the FCRA. If the basis for the dispute goes to the accuracy of their reporting, you can dispute with them. You obviously could not dispute items unrelated to the collection reporting itself. A typical dispute with the debt collector might involve an accouint that you assert is not yours. By definition, if the account was not yours, there is no debt obligation on your part, thus making the reporting of collection on the debt inaccurate.
Reporting a date of lster activity is not, in and of itself, imp
Reporting a date of lster activity is not, in and of itself, improper reporting, or illegal re-aging of the account unless their reporting involves an inaccurate reporting of a DOFD.
I would just send the CA a validation letter. If they can't val
I would just send the CA a validation letter. If they can't validate it, then you really have nothing to worry about. Is the CA on your credit report? If so, THAT's what you need to be disputing.