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pandora80

Robert. M Cohen aka ACC violation?

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Hi all

 

Ok heres the situation, in April I received a collection letter from Robert M Cohen " In-House Counsel" for American Credit and Collections, LLC. This is the first I have ever heard from these people, they are trying to collect for a Penn Foster account for $ 1075. So I send out a DV which they signed for on the 22nd of April. I dont hear a peep from them, on April 30, I pull my credit report all clear.

 

On May 18 I pull again and low and behold theres a collection for ACC for 1075.00 wtf? Now, I still have not heard from these clowns, and after some research on this PENN FOSTER and ACC I have realized I am dealing with real sleeze here.

 

Per my understanding wouldn't them placing this on my credit AFTER receipt of a DV within the initial 30 days constitute continued collection activity? Im in NC so I am looking at the state laws here also. Not really sure how to proceed ? I am in the middle of buying a house, and I will NOT pay this. Its not mine never heard of PENN FOSTER prior to April. But, I need this off ASAP, as I am sure if another report is pulled they will try to make me pay this before closing. Any advice is much appreciated.

 

edited to add : There was no 30 day ect on the letter I received either, just this is a communication from a debt collector all information blabla

Edited by pandora80

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File a police report that the account is not yours and is id theft.

 

How do I file a police report with no information?? I have never had to do so, I dont have an account number just the letter and entry on my credit file, but neither have an account number just 1# thats it.

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Do you have a hard copy of the report?

 

 

I ordered one have not received it yet, should be in the mail box in the next couple of days. I know there are differences in the online v hard copies @ times, but the ca has 1# as the client reference number. I dont know just so aggro right now lol

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send the sleaze bag a letter telling him you are filing an ID theft report. with the CRA's

 

request from him all the information you need to file said report and ID theft affidavit .

 

read how to do all that on the ID theft forum. here on CB.

 

call the CRA fraud dept, don't dispute it thru the regular channels.

 

ask them to block it .

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send the sleaze bag a letter telling him you are filing an ID theft report. with the CRA's

 

request from him all the information you need to file said report and ID theft affidavit .

 

read how to do all that on the ID theft forum. here on CB.

 

call the CRA fraud dept, don't dispute it thru the regular channels.

 

ask them to block it .

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Hi all

 

Ok heres the situation, in April I received a collection letter from Robert M Cohen " In-House Counsel" for American Credit and Collections, LLC. This is the first I have ever heard from these people, they are trying to collect for a Penn Foster account for $ 1075. So I send out a DV which they signed for on the 22nd of April. I dont hear a peep from them, on April 30, I pull my credit report all clear.

 

On May 18 I pull again and low and behold theres a collection for ACC for 1075.00 wtf? Now, I still have not heard from these clowns, and after some research on this PENN FOSTER and ACC I have realized I am dealing with real sleeze here.

 

Per my understanding wouldn't them placing this on my credit AFTER receipt of a DV within the initial 30 days constitute continued collection activity? Im in NC so I am looking at the state laws here also. Not really sure how to proceed ? I am in the middle of buying a house, and I will NOT pay this. Its not mine never heard of PENN FOSTER prior to April. But, I need this off ASAP, as I am sure if another report is pulled they will try to make me pay this before closing. Any advice is much appreciated.

 

edited to add : There was no 30 day ect on the letter I received either, just this is a communication from a debt collector all information blabla

 

BTW,

 

YES, CREDIT REPORTING AFTER RECIEVING DV, AND DOING SO WITHOUT VALIDATION IS A FDCPA VIOLATION.

 

http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm

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They know you are buying a house, this is why they put it back on. Most, if not all lenders, require it to be paid off prior to closing on the house. They know this and are trying to pressure you into paying this alleged debt.

 

Check to see if they require a license or bond to collect.

 

Also file complaints with your AG and their AG office, FTC and BBB.

 

If it were my account, I would not hesitate to file suit on this CA.

 

Check your State laws for consumer violations.

 

You could also see if you could "pay" this alleged debt off in escrow. Once you pay and close on the house, immediately file suit against them. You will have actual damages for the amount owed, which could be trebled under your State deceptive trade act.

 

I would also contact a NACA Attorney for a consult on the violations you have so far.

 

 

Hi all

 

Ok heres the situation, in April I received a collection letter from Robert M Cohen " In-House Counsel" for American Credit and Collections, LLC. This is the first I have ever heard from these people, they are trying to collect for a Penn Foster account for $ 1075. So I send out a DV which they signed for on the 22nd of April. I dont hear a peep from them, on April 30, I pull my credit report all clear.

 

On May 18 I pull again and low and behold theres a collection for ACC for 1075.00 wtf? Now, I still have not heard from these clowns, and after some research on this PENN FOSTER and ACC I have realized I am dealing with real sleeze here.

 

Per my understanding wouldn't them placing this on my credit AFTER receipt of a DV within the initial 30 days constitute continued collection activity? Im in NC so I am looking at the state laws here also. Not really sure how to proceed ? I am in the middle of buying a house, and I will NOT pay this. Its not mine never heard of PENN FOSTER prior to April. But, I need this off ASAP, as I am sure if another report is pulled they will try to make me pay this before closing. Any advice is much appreciated.

 

edited to add : There was no 30 day ect on the letter I received either, just this is a communication from a debt collector all information blabla

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they didn't " put it back on"

 

she states it not her account

 

and that they first reported after they recieved her DV.

 

so, if it's not her account, and they state that it is, and reported it without validation.

 

she does have a COA as you have stated. should find a lawyer and all that - but she has a year till the SOL runs out.

 

the best way to get it blocked so the mortgage can proceed

 

is to file a claim with the Fraud dept.

 

they can look pack thru her old accounts (that are no longer reporting) and note that she never had an account with Penn Foster.

 

it get's blocked, the mortgage goes thru and she has a better papertrail

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