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black2002ls

Texas - Fan Distributing/Regent & Associates

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Do I DV both Fan Distributing and Regent & Associates? That is what has me confused. Regent is collecting on behalf of Fan.

If you didn't receive a dunning letter after being contacted, then you have them on a violation for not sending a dunning letter within 5 days of the initial contact. Typically they will claim they sent you a dunning letter and that will be the end of it; however I would ask a FDCPA lawyer if you have a case anyway. Typically you must get a dunning letter to start the FDCPA protections. This leaves you with the TFC392. As ICANHASMUNY? said. sent both of them a Texas styled validation request letter. Both of these groups have a long list of complaints raised against them on various websites.

 

I would rather stick with TX based methods. Mixing the two has the potential to get it remanded to Federal Court if it goes that far. I feel I have more leverage keeping it in Texas

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Do I DV both Fan Distributing and Regent & Associates? That is what has me confused. Regent is collecting on behalf of Fan.

If you didn't receive a dunning letter after being contacted, then you have them on a violation for not sending a dunning letter within 5 days of the initial contact. Typically they will claim they sent you a dunning letter and that will be the end of it; however I would ask a FDCPA lawyer if you have a case anyway. Typically you must get a dunning letter to start the FDCPA protections. This leaves you with the TFC392. As ICANHASMUNY? said. sent both of them a Texas styled validation request letter. Both of these groups have a long list of complaints raised against them on various websites.

 

I would rather stick with TX based methods. Mixing the two has the potential to get it remanded to Federal Court if it goes that far. I feel I have more leverage keeping it in Texas

:good:

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A little update on this. I sent a letter to Fan Distribution which they received on 1/7/2014. When I got my green card back, the CRA's were notified. After checking my reports and alerts today, I see that Fan Distribution has since updated my account to reflect that I now owe almost $15K dollars to them. The previous amount was for $5958. They aren't the organization actively collecting on the debt, however, they are the ones reporting it to the CRA's. Last time I was contacted on this debt it was by Regent and Associates who was collecting on their behalf.

 

My question now is this, Does Fan Distribution have to comply with TFC rules pertaining to debt collectors since they have contracted someone to collect for them?

 

If they are, they are continuing to report on this account without having had any correspondence from me after they received my DV letter.

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A little update on this. I sent a letter to Fan Distribution which they received on 1/7/2014. When I got my green card back, the CRA's were notified. After checking my reports and alerts today, I see that Fan Distribution has since updated my account to reflect that I now owe almost $15K dollars to them. The previous amount was for $5958. They aren't the organization actively collecting on the debt, however, they are the ones reporting it to the CRA's. Last time I was contacted on this debt it was by Regent and Associates who was collecting on their behalf.

 

My question now is this, Does Fan Distribution have to comply with TFC rules pertaining to debt collectors since they have contracted someone to collect for them?

 

If they are, they are continuing to report on this account without having had any correspondence from me after they received my DV letter.

It is difficult when the OC uses a CA. It is stretching (maybe too much) but I would try a letter to Fan that basically is along the lines of Your Agent has violated so as Principal you Fan are responsible and I am gonna hold you legally responsible. If Fan takes any action or, and there is a little case law tha holds that collection reporting is collection activity, then the full weight of TFC and BCC17 can be brought to bear. Sketchy but what have you to lose.

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A little update on this. I sent a letter to Fan Distribution which they received on 1/7/2014. When I got my green card back, the CRA's were notified. After checking my reports and alerts today, I see that Fan Distribution has since updated my account to reflect that I now owe almost $15K dollars to them. The previous amount was for $5958. They aren't the organization actively collecting on the debt, however, they are the ones reporting it to the CRA's. Last time I was contacted on this debt it was by Regent and Associates who was collecting on their behalf.

 

My question now is this, Does Fan Distribution have to comply with TFC rules pertaining to debt collectors since they have contracted someone to collect for them?

 

If they are, they are continuing to report on this account without having had any correspondence from me after they received my DV letter.

 

Is this debt not out of SOL? Would an FOAD letter not work??

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It is beyond SOL.

 

I will follow up with Fan at around the 30 day mark. Just wanted to clarify, I have not sent a letter to regent and associates yet, they are the ones who occasionally make collection attempts

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Well, I guess I jumped the gun. I had a delivery attempt of a letter from Fan today. I will get it picked up tomorrow and see what they have to say. If anything there is potentially a violation on the amount they claim that I owe, they have had it since early or mid part of last year and the balance is now almost double what it was with the original creditor

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I got their packet today. They enclosed a few billing statements referencing the original account and directed me towards regent and associates. It made no mention to the account increase that occured the day after the letter was sent out. This account increase more than doubled what they were reporting on the 22nd.

 

Any suggestions how to proceed?

 

A recap Fan Distribution holds the account and has reported it to EQ and TU. They contracted regent and associates to collect the debt. I sent DV to Fan only.

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At least if they attempt to file a lawsuit, they can be sued on FDCPA violations and the lawyers can face court ordered sanctions. Did you mention that any alleged debts were past the state SOL?

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No mention of it being SOL. I sent my standard Dv letter. As for a judgement, unless it was in JP court, there isn't. I searched long and hard when I was waiting on papers from Asset Acceptance, I came up with nothing in my County, or Harris county where Regent and Associates is located

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No mention of it being SOL. I sent my standard Dv letter. As for a judgement, unless it was in JP court, there isn't. I searched long and hard when I was waiting on papers from Asset Acceptance, I came up with nothing in my County, or Harris county where Regent and Associates is located

In TX a lot of the JDB's and CA's do use JP Court, if the original amount was below 10K it is possible they got a judgement and have interest accruing which is legal in TX. Just a possibility here.

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No mention of it being SOL. I sent my standard Dv letter. As for a judgement, unless it was in JP court, there isn't. I searched long and hard when I was waiting on papers from Asset Acceptance, I came up with nothing in my County, or Harris county where Regent and Associates is located

In TX a lot of the JDB's and CA's do use JP Court, if the original amount was below 10K it is possible they got a judgement and have interest accruing which is legal in TX. Just a possibility here.

 

Would it cast any doubt on that if regent threatened to sue last year? Well, send my file to the legal team for review? I guess I need to send a letter to regent and associates, I was given a specific person to contact.

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Wanting to bring this back up. FAN is now only showing on my EQ reports. I would like to send them a new letter asking for DV (can I do this since they already sent me statements previously?), also addressing the fact that it is past SOL, and that they need to provide me documentation on how they are computing the account balance, and proof that they are legally able to charge interest. The account balance is now more than 2.5 times what the original CO was. The account is set to drop off 7/2015 so I only have 3-4 months left with this on my report. Would I be better off to just put EQ on Ice?

 

TU - 1 neg which is a paid collection - a few lat pays

EX - Same as TU

EQ - 6 negative accounts including 1 slow pay, 1 paid collection (same account as TU/EX), 4 collections/CO's due to fall off by 8/15

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