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Everything posted by michaelcrslayer
Good afternoon. There are a couple of old medical bills from 2010 which went to collections in 2014. The debt is out of the SOL for the state of Florida (five-years), and over the limit of seven years for reporting on credit reports. The collections agency is repoting erroneous information to the credit bureau by stating that the accounts are from 2014 when they received the account from the original creditor, rather than 2010. I sent an email regarding this and they told me to fax them due to privacy concerns, along with the power of attorney for my father (these are his debts, I'm acting as an agent). The letter was as follows: " XXXXXX. Inc. XXXXs Avenue XXXX FL 33912 Ms. XXXXX, This cover letter is in response to your request for a copy of the Durable Power of Attorney granted to me by my father XXXXX, hereinafter referred to as “Principal” in this and all other communications from me to your company. For your records, a copy of the email sent to you on 02/18/2019 is attached to this fax along with a copy of the Durable Power of Attorney. In your request you also asked to be informed where you could send correspondence regarding this matter. Send all correspondence to the following address: XXXXXXXX (My address) As mentioned previously, I am requesting verification for any and all alleged debts which your company is attempting to collect on pursuant to Sec. 809 of the Fair Debit Collection Practices Act. I request to be provided with the following: • Name and address of alleged creditor. • Name on file of alleged debtor. • Alleged account number. • Amount of alleged debt. • Date this alleged debt became payable. • Date of original charge off or delinquency. Let this serve as notice that any such alleged debts are disputed and you **must stop cease and desist all collection activities for these debts pursuant to Sec. 809 of the Fair Debit Collection Practices Act.** This includes communication to me or the Principal for any reason **other than** written verification of this debt or confirming receipt of this letter and Durable Power of Attorney, and reporting of inaccurate or erroneous information to any credit reporting agency. I appreciate your time and attention. Sincerely, XXXX as Agent for XXXXX " As I had not received an email back from them concerning receipt of this fax, I gave them a call letting them know they were being recorded. I was calling simply to know if they were going to send verification of the debt and if they had received the power of attorney. The representative on the phone told me to hold (I imagine she was speaking to their legal department) and then told me that they could not speak to me because "I had sent them a cease and desist". I imagine they are referring to the bolded statement above. According to them, because I sent this, they cannot speak to me, nor can they send verification of the debts that they are attempting to collect on. They say I must rescind the "cease and desist" in writing by faxing them another letter doing so. I obviously know they received the fax now so I don't care to speak to them. Question is are they still obligated to send validation/verification of the debt to the address I provided them in the letter as per the FDCPA? My next step is to send letters to the 2 bureaus they are reporting to for erroneous information and that the debt is past the SOL and date for reporting to the credit file. When the bureaus request verification of the debts, will they also refuse to verify with them due to the cease and desist? I feel like they're pulling my leg here. I appreciate any advice. Thank you.
Thank yo for your response. It's appreciated.
I am helping my father repair his credit as much as possible and although I have a good understanding of how to approach dents owed by a collections agency, I'm unsure of whether the same rules apply to debts still owned by an original creditor, either being collected on by an internal collections department, contracted out to a collections agency but not sold, or not being collected on at all but just charged off. There's about 6 or 7 accounts ranging from medical debt to credit cards and a personal loan that are charged off, some are being actively collected but some aren't. I'm not sure if I can even request validation of debt as some of these have even sent a collections letter. If they have never sent a bill or notice to collect can it even be disputed or demand validation? They just show up on the CRA report as a charge off. Are original creditor accounts subject to the same FCRA and FDCPA laws as collections agencies? Lastly if I am disputing accounts as my father's agent with a power of attorney, can I watch a pay office or today's USPS box where I live and request correspondence be sent there? Or must correspondence be sent to the debtor only at the address on record? Thank you