CA not reporting dispute to CRA

[klmcca3]

I sent a DV to CACH LLC over a month ago. I sent it certified mail but they don't mention that I'm disputing the charges on my recent Credit Report. Since this is an error on their end, could I send a letter to the CRA's demanding deletion?

[klmcca3]

*bump

[ICANHASMUNY?]

is this account past the SOL for the state you live in?

 

did they respond to your DV?

[klmcca3]

No, I actually got a response in the mail yesterday. It contained a computer printout embedded in the response. It said:

 

We are in receipt of your written dispute referenced above CACH is a passive debt buyer. Although it does not initiate collection calls or generate demand letters, it places accounts for collection with its network of branch offices. Our investigation into your dispute reveals the following information.

 

*embedded printout*

 

Sincerely,

 

Customer Relations

 

This letter is sent pursuant to the requirements of 16 C.F.R 660.4 (e)

This letter is not an attempt to collect a debt.

 

The SOL in Kentucky is 5 years. I have another collections account with Chase and an associated charge off. The SOL will pass January of 2015, What steps would I take then?

[tmcgill]

I'm laughing at the "passive buyer' statement. What was included in the printout?

Edited July 24, 2014 by tmcgill

[ICANHASMUNY?]

CACH is a passive debt buyer

 

 

yeah, right - they are still covered under the FDCPA, KY doesn't require them to be licensed.

 

 

 

The SOL in Kentucky is 5 years. I have another collections account with Chase and an associated charge off. The SOL will pass January of 2015, What steps would I take then?

 

 

Chase is incorporated in DE, check the card agreement on choice of law provisions.

 

Hall v. LVNV FUNDING, LLC, Dist. Court, WD Kentucky 2013 ( filed an FDCPA claim over LVNV suing on a time barred debt. it was a Capital one account )

 

 

LVNV brought suit against him in Jefferson District Court on November 19, 2012 to collect a "debt" within the meaning of the FDCPA. Hall had made his last payment on the account on June 27, 2008, so LVNV's cause of action against Hall accrued on or before the next payment due date, July 26, 2008. Hall moved to dismiss LVNV's complaint on grounds that Virginia's three-year statute of limitations applied via Kentucky's borrowing statute and barred LVNV's claims After briefing the issue, the Jefferson District Court dismissed LVNV's complaint, holding that Virginia's statute did govern and LVNV's claim was time-barred.

[klmcca3]

I'm laughing at the "passive buyer' statement. What was included in the printout?

 

\Printout is as follows:

 

Debtor Name: ***

Address: ***

Debtor Date of Birth: ***

Debtor SS#: ***

Original Creditor: GE Money Retail Bank

Original Account Number: ***

Current Account Number ***

Account Charge off date: 6/16/2013

Date Placed on our System: 7/31/2013

Placement Balance: $759.77

Current Balance: $759.77

Account Status: open

Reporting Status: Collections/ Account Seriously Past Due

Reporting Dispute Status: Dispute

Other Comment: Validation of Debt has been Requested

 

***: Information is there on actual letter.

 

And I don't know a passive debt collector that calls six times a day buy hey.

[tmcgill]

It looks like they sent the info being reported on your credit report(s), versus an actual account statement.

The "passive" CA doesn't think it has to follow the FDCPA and validate.

 

Are the balance and charge off date correct?

Have they called more than once after you sent the DV?

[klmcca3]

 

CACH is a passive debt buyer

 

 

yeah, right - they are still covered under the FDCPA, KY doesn't require them to be licensed.

 

 

 

The SOL in Kentucky is 5 years. I have another collections account with Chase and an associated charge off. The SOL will pass January of 2015, What steps would I take then?

 

 

Chase is incorporated in DE, check the card agreement on choice of law provisions.

 

Hall v. LVNV FUNDING, LLC, Dist. Court, WD Kentucky 2013 ( filed an FDCPA claim over LVNV suing on a time barred debt. it was a Capital one account )

 

 

LVNV brought suit against him in Jefferson District Court on November 19, 2012 to collect a "debt" within the meaning of the FDCPA. Hall had made his last payment on the account on June 27, 2008, so LVNV's cause of action against Hall accrued on or before the next payment due date, July 26, 2008. Hall moved to dismiss LVNV's complaint on grounds that Virginia's three-year statute of limitations applied via Kentucky's borrowing statute and barred LVNV's claims After briefing the issue, the Jefferson District Court dismissed LVNV's complaint, holding that Virginia's statute did govern and LVNV's claim was time-barred.

 

I chuckled when I read the "passive debt buyer" portion as well.

 

This is some useful information pertaining to my location and I really appreciate the insight. I will keep this in mind as I move forward. I added you as a friend.

[klmcca3]

It looks like they sent the info being reported on your credit report(s), versus an actual account statement.

The "passive" CA doesn't think it has to follow the FDCPA and validate.

 

Are the balance and charge off date correct?

Have they called more than once after you sent the DV?

 

At that time I wasn't keeping good records so I don't have that information.

&

They never called during the dispute.

[tmcgill]

Although the legal bar is low for what constitutes validation, it looks like they "passively" just sent what is on your credit report.

I would follow up with an ITS for their failure to validate the debt.

 

I haven't seen anything in the FDCPA about CAs and passive CAs. If you are sending debt notices in an attempt to collect, the FDCPA applies.

[klmcca3]

*bump

 

I know they have to have more evidance than this, even for the state of Kentucky. Or do they?

[ICANHASMUNY?]

for court, not much more than that.

 

if you're sued, post on the HIBS forum read the pinned topics, and read the KY topics in the case law forum

[klmcca3]

tmcgill, I noticed we posted a comment at the exact same time. Thanks for your insight.

 

ICANHASSMUNY?, I appriciate you as well.