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michaelcrslayer

[Florida] How do you tackle credit repair for Original Creditor/Charged off debts not owned by a collections agency?

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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

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Are original creditor accounts subject to the same FCRA and FDCPA laws as collections agencies?

 

OCs are not subject to the FDCPA, neither are internal collection people who work there. Outside collection agencies are.  FCRA applies to all creditors. Not sure about the power of attorney thing, check with a lawyer, or maybe Centex will comment. He is a lawyer. Most likely you can help with the FCRA stuff, but you will not be able to do legal work for him. Power of Attorney does not come with a law license.

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6 hours ago, legaleagle2012 said:

Are original creditor accounts subject to the same FCRA and FDCPA laws as collections agencies?

 

OCs are not subject to the FDCPA, neither are internal collection people who work there. Outside collection agencies are.  FCRA applies to all creditors. Not sure about the power of attorney thing, check with a lawyer, or maybe Centex will comment. He is a lawyer. Most likely you can help with the FCRA stuff, but you will not be able to do legal work for him. Power of Attorney does not come with a law license.

 

Thank yo for your response. It's appreciated.

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