Credit Basics > General Credit Forum

NEED ADVICE PLEASE

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kickinanscreamin:
"Charged Off" does not mean the original creditor sold the account.  It is merely an accounting term.  If all the CR says is that the account is charged off, the original creditor still owns the debt.  If you are being contacted by a third party, that merely means the OC has hired a collection agency to collect the debt.

When you send a DV letter to a CA, they are only required to send you information required by FDCPA.  Signed contracts, proof of assignment, etc. are not required by FDCPA.  You can ask for these in discovery, if and when you get to court.

The fact that the account has gone through three CAs is not evidence of the account being sold.  It is more likely evidence that a collection agency sees that collecting is problematic and passes it back to the OC and then the OC hires a new agency.

Keep in mind that the CA business model is to make a quick collection by intimidating the debtor into making a payment or setting up payments.  When the debtor puts up too much fight, it costs the CA too much money, so they cut their losses and pass it back to the OC like a hot potato.

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