Jump to content

Sign in to follow this  
RUGGS

CACHE COLLECTIONS AGENCY

Recommended Posts

Has anyone had to deal with this debt collector before? They keep posting an unverified debt on my credit reports without required notification by the FDCPA. So, since I don't have any idea what the 30-day period in which I can dispute this is, it keeps assuming I am accepting responsibility for this debt! Such law breakers. Cannot get them to stop? Any ideas?

Share this post


Link to post
Share on other sites

Welcome to Crediboards!

We hope that you find what you're looking for here.

Some helpful tips:

  • Your post may not get a reply right away. Don't be discouraged, this is a very busy board. If it falls off of the first page, feel free to reply to your post yourself, with the word *bump* in the text. This will *bump* your post back up to the top of the board.
  • If you haven't yet, take a peek at out Newbies Section. Everything that you need to know is in that forum, for the most part. It's a lot of reading, we know, but this credit stuff can have a steep learning curve. In no time, you'll be posting like the pros!
  • If you find that someone is discourteous to you, use the REPORT button at the bottom of every post - that will ensure that a moderator or admin looks at the post and decides if it is against the TOS.
  • Off -topic posts should go in the General Forum.

 

Again, welcome to the CreditBoards family!

CB Admin: LKH, Pam, radi8, breeze & MarvBear

 

Share this post


Link to post
Share on other sites
1 hour ago, RUGGS said:

Has anyone had to deal with this debt collector before? They keep posting an unverified debt on my credit reports without required notification by the FDCPA. So, since I don't have any idea what the 30-day period in which I can dispute this is, it keeps assuming I am accepting responsibility for this debt! Such law breakers. Cannot get them to stop? Any ideas?

They are not required to notify you before reporting a debt to the CRAs.  Credit reporting is not an initial communication that requires a debt collector to send you the 30-day notice. 

Share this post


Link to post
Share on other sites

Isn't this in violation of 15 U.S. Code § 1692g? Aren't they required to provide notification of your rights to dispute the debt? 

Share this post


Link to post
Share on other sites
46 minutes ago, RUGGS said:

Isn't this in violation of 15 U.S. Code § 1692g? Aren't they required to provide notification of your rights to dispute the debt? 

They only have to provide that notice after an initial communication.

 

Courts that have ruled on the issue have ruled that reporting  to CRAs is not considered an initial communication because it is not a communication directly with a consumer.  As a result, it does not trigger a requirement to send the notice or your right to request validation.  

Edited by Bluesie58

Share this post


Link to post
Share on other sites

Depends on where you live. The 6th and 8th circuits consider reporting to be collections under certain circumstances. Read Edeh v. Midland Funding. Are you sure ist's CACHE and not CACH? CACH is a junk debt buyer, they filed for bankruptcy in 2017. You need to tell us who the creditor is, dates, etc. 

Share this post


Link to post
Share on other sites
1 hour ago, legaleagle2012 said:

Depends on where you live. The 6th and 8th circuits consider reporting to be collections under certain circumstances. Read Edeh v. Midland Funding. Are you sure ist's CACHE and not CACH? CACH is a junk debt buyer, they filed for bankruptcy in 2017. You need to tell us who the creditor is, dates, etc. 

Ruling that credit reporting is a collection activity is not a ruling that reporting is an “initial communication”.  Those courts did not rule that credit reporting constitutes an “initial communication” requiring a debt collector to send a consumer the 30-day validation notice.  

 

In Edeh v. Midland, the initial communication was a letter that contained the 30-day notice.

 

However, in Edeh v. Aragon, Edeh did allege that credit reporting is constituted a initial communication, but the same MN district court disagreed.

 

“Here, Plaintiff alleges that Defendant reported the debt to the credit reporting agencies and that this constituted an ‘initial communication’ under the statute. But . . . the credit reporting agencies are not ‘natural person.’ 15 U.S.C. § 1692g(a)(3). Nor are they obligors or alleged obligors of the debt. Thus, the reporting companies are not ‘consumers’ under the FDCPA, and Aargon's reporting of the debt to these agencies did not trigger any notification obligations under § 1692g(a).”

Edited by Bluesie58

Share this post


Link to post
Share on other sites
45 minutes ago, legaleagle2012 said:

The issue oin EDEh involved reporting before validation was sent as I recall. Thought his case might be similar.

Yes, the issue in Edeh v. Midland was reporting before responding to a timely validation request.  It’s not similar to the OP’s issue at all because in Edeh there was no question that the initial communication was a letter that contained the 30-day notice.  

Share this post


Link to post
Share on other sites
On 2/21/2019 at 5:12 PM, RUGGS said:

Has anyone had to deal with this debt collector before? They keep posting an unverified debt on my credit reports without required notification by the FDCPA. So, since I don't have any idea what the 30-day period in which I can dispute this is, it keeps assuming I am accepting responsibility for this debt! Such law breakers. Cannot get them to stop? Any ideas?

You need to dispute this under the FCRA, not the FDCPA. You could tell them that since they have never provided you with any information at all concerning this debt, you have to assume it is not yours. You can also send them a DV letter, can't hurt to do so. Check your state laws as well.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Today's Birthdays

  • Member Statistics

    • Total Members
      176,892
    • Most Online
      1,528

    Newest Member
    ZarychFirm
    Joined

About Us

Since 2003, creditboards.com has helped thousands of people repair their credit, force abusive collection agents to follow the law, ensure proper reporting by credit reporting agencies, and provided financial education to help avoid the pitfalls that can lead to negative tradelines.
×
×
  • Create New...

Important Information

Guidelines