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Advanced Credit Repair - Dealing with Collection Agencies Discuss Does this pertain to CO CAs or any doing business here? in the CREDIT AND LEGAL ISSUES forums; So I have a few random bad items left on my report that are not hurting my score, however I am a bit bored and might as well research on ...
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Old 12-17-2006, 04:40 PM   #1
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Does this pertain to CO CAs or any doing business here?

So I have a few random bad items left on my report that are not hurting my score, however I am a bit bored and might as well research on how to get them off if I am feeling frisky later.

There are 3 entries for 2 medical insurance issues so they are small, around 100 each. I have a few questions here. Here are the links that I am referring to:


http://www.ago.state.co.us/CADC/PDF/cabrules.pdf

It was found on the AG site:

http://www.ago.state.co.us/CADC/CADCmain.cfm

These rules apply to any CA that does business in CO? Or only CAs that are licensed in CO? I think my answer is the latter, but I wanted to check before I ask my next question because I am hoping it is the former.
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Old 12-17-2006, 05:07 PM   #2
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Quote:
Originally Posted by Ice_Siren View Post
These rules apply to any CA that does business in CO? Or only CAs that are licensed in CO? I think my answer is the latter, but I wanted to check before I ask my next question because I am hoping it is the former.
From what I see at http://www.ago.state.co.us/CADC/PDF/cfdcpa2006.pdf they must be licensed to collect in CO, so it would be any collector.

(1) It is unlawful for any person to:

(a) Conduct the business of a collection agency or advertise or solicit, either in print, by letter, in person, or otherwise, the right to make collection or obtain payment of any debt on behalf of another without having obtained a license under this article; or

(b) Conduct the business of a collection agency under any name other than that under which licensed.

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Old 12-17-2006, 05:40 PM   #3
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OK thanks. And I was curious about the entry under consumer protection that states:


Rule 2.10 Dual Collections

No collection agency may knowingly collect a debt that is being collected by another collection agency or attorney.

Because I have 2 for the same OC on my CRAs. And this leads me to 4 miiillllllion questions:

I was wondering which entity to contact about this?

The OC since they are responsible for the actions of the CAs they hire? But that would not be under the FDCPA? Would the FCRA cover that?

Or do I go after the second CA that was placed on there and tell them what the law is and to remove the tradeline since they knowingly collected (I assume knowingly) since the first one is still on there?

And then dispute the first CA via the CRAs since they are not the current CA that the OC chose? Or can the OC hire more than one at a time?

Dayam, sorry for all the questions.
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Old 12-17-2006, 05:51 PM   #4
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Here is what I would do.

It says they cannot "knowingly" collect at the same time as another. Maybe they do not know the other is involved. I would write a letter to each CA independantly stating they "are in vioaltion of collection activity at the same time as another. Please remove the collection account from my credit report to avoid further violations." I would not tell them who else was involved, or that you contacted the other. You may get lucky and both will delete.

If that does not work, then write the OC stating they are in violation for allowing the CA's to break the law. Also look at this point to see if the CA's are reporting the accounts as disputed by consumer. You may want to involve the regulatory agency at this point and/or any bonding company for the CA's.

I would go to the CRA last. To avoid a frivolous tag, and to have several violations as leverage first.
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Old 12-17-2006, 06:05 PM   #5
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I wonder if they tell the OC that they are pulling the account. Last thing I want is for the OC to add a new CA to my reports. Thanks for your answer Pale.
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